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HomeMy WebLinkAbout09-7129r J. Michael Sheldon, Esquire Pa. I.D.# 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: 717-657-3464 Fax: 717-671-1258 Counsel for Plaintiff / Petitioner DENNIS M. MULROY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA A V. No. d q- '7I 2 ?' a l •-?- JENNIFER E. TEMP CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Michael M. Mulroy, by and through his attorney, J. Michael Sheldon, Esquire, and files this Custody Complaint, and in support thereof, avers the following: 1. Plaintiff is Dennis M. Mulroy, an adult, with a current mailing address of 1851 Lenox Street, Camp Hill, Cumberland County, Pennsylvania, 17011 2. Defendant is Jennifer E. Temp, an adult, with a current mailing address of 104 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks primary physical custody of the parties' minor child. Name Present Residence Age Montana Mulroy 104 Tory Circle 2yrs 10mo Enola, PA 17025 The child was born out of wedlock. The child is presently in the custody of the Defendant. During the past five years, the child has resided with the following persons at the following addresses: Name Address Date Plaintiff & 1951 Lenox Street birth to 09/2009 Defendant Camp Hill, PA 17011 Defendant & 104 Tory Circle 10/09 to present Defendant other child & Enola, PA 17025 maternal grandparents The father of the child is the Plaintiff, Dennis M. Mulroy, with a current mailing address of 1851 Lenox Street, Camp Hill, Cumberland County, Pennsylvania, 17011 The mother of the child is the Defendant, Jennifer E. Temp, with a current mailing address of 104 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025. The parties are not married to each other. 4. The relationship of the Plaintiff to the child is that of biological father. The Plaintiff does not reside with anyone. 5. The relationship of the Defendant to the child is that of biological mother. She resides with: her first child, Starling Temp [a minor], Defendant's mother, Doris Temp, and a large amount of domestic feline animals. It is unknown if any other individuals share the residence with the Defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting Plaintiff the relief requested because: a. Plaintiff is the natural, biological father of the child and has played a vested role in the child's life. b. Plaintiff has established a close bond with the child which should be maintained and nurtured in a loving and emotionally secure environment, fostered within recognized and comfortable surroundings. C. Defendant is a continuous and rampant drug abuser who is unable to control her addiction to drugs for any extended period of time. I Since departing the sole residence of the child since birth, Defendant has repeatedly refused and/or obstructed Plaintiffs continued attempts to contact the subject child. e. Defendant's domicile is utilized as a breeding facility for felines which are then sold to the general public and, as such, possesses indeterminable health concerns relating to feces, animal urine, ammonia odor, allergens related to animals, and animal disease in general. f. Plaintiff desires to exercise proper and reasonable parental duties and to enjoy the love and affection of the child in a physically safe and secure environment, free from the prospect of sickness, drug abuse, drug dependency, and general threats to the health, safety and best interests of the child. g.. The child should be permitted to enjoy the continued care, love, affection and emotional support which can be provided by the natural father in a loving and secure environment. h. The child's best interests would benefit greatly from increased custody with his natural father so as to allow the child to establish and maintain a sense of paternal care. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff/ Plaintiff respectfully requests this Honorable Court to grant him sufficiently increased physical custody of the child so as to allow him to better nurture and maintain a beneficial relationship with the child. r DATE: October 19, 2009 J. Michael Sheldon, Esquire Pa. ID #83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff VERIFICATION STATEMENT I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date: f(') - / 1 , 2009 DENNIS M. MULROY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. - CIVIL TERM JENNIFER E. TEMP CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, J. Michael Sheldon, Esquire, hereby certify that a true and correct copy of the foregoing CUSTODY COMPLAINT was served upon the Defendant via United States certified mail, restricted delivery, postage prepaid, first-class, at the following address: Jennifer E. Temp 104 Tory Circle Enola, PA 17025 DATE: October 10, 2009 J. Michael Sheldon, Esquire Pa. ID #83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff FILE D v 2009 O CT 19 P l 12: 16 13 e, © DENNIS M MULROY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER E. TEMP DEFENDANT 2009-7129 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 16, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OFOF THE MTHONO ARY 2009 OCT 27 AM 11: 49 CUi1 _ 4u L;OUNTY PENNSYLVANIA NOV 7 % 2009H 4"- DENNIS M. MULROY, Plaintiff V. JENNIFER E. TEMP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7129 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this %l day of _ 1" \1 tVVN t.r , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dennis M. Mulroy and the Mother, Jennifer E. Temp, shall have shared legal custody of Montana Mulroy, born November 30, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of supervised visitation and partial physical custody: A. Effective immediately, supervised visitation at the YWCA in Harrisburg two times per week for two hours for one month. B. After one month of supervised visitation, unsupervised partial physical custody two times per week for two hours for one month. C. Christmas Eve from 2:00 p.m. to 6:00 p.m. 4. Both parties shall have a drug test performed today at Concentra in Mechanicsburg. If either parry tests positive for illegal drugs or prescription medication, counsel for the parties shall contact the conciliator and a telephone conference will be scheduled. 5. Mother shall be responsible for transportation unless otherwise agreed by the parties. 6. Father shall have reasonable telephone contact with the child. 7. Neither party shall use illegal drugs or prescription medication not prescribed to them or use alcohol to the point of intoxication immediately prior to or during their period of custody or visitation 8. Both parties shall attend a seminar for separating parents before the next conciliation conference. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for January 19, 2010 at 9:30 a.m. BY THE COURT, cc;4"Michael Sheldon, Esquire, Counsel for Father odd Hough, Esquire, Counsel for Mother 4 DENNIS M. MULROY, Plaintiff V. JENNIFER E. TEMP, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7129 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Montana Mulroy November 30, 2006 Mother 2. A Conciliation Conference was held in this matter on November 16, 2009, with the following in attendance: The Father, Dennis M. Mulroy, with his counsel, J. Michael Sheldon, Esquire, and the Mother, Jennifer E. Temp, with her counsel, Todd Hough, Esquire. 3. The parties agreed to an Order in the form as attached. r(- V Date./ O9 Jac line M. Verney, Esquire Custody Conciliator OP THc P?THONOTAW 2009 NOV 19 Pty 2: 51 PENNSYLVANIA JAN 212D1D DENNIS M. MULROY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-7129 CIVIL ACTION -LAW JENNIFER E. TEMP, c~ ~_ Defendant : IN CUSTODY ~ ° ~,_ rJ ;~ =~' ORDER OF COURT `~ ~ :r F _' N AND NOW, this ~~5~ day of 7m-r.~°`t'~ , 2010, upa~i, consideration of the attached Custody Conciliation Report, it is ordered and dir~c~cl as ~ follows: ~_`` -c~ ca 1. Father's Petition for Contempt is hereby withdrawn with prejudice. 2. The prior Order of Court dated November 19, 2009 shall remain in full force and effect with the following modifications: 3. Father shall have periods of partial physical custody of the child every weekday that Mother works, from 4:30 p.m. to 7:30 p.m. Mother shall provide her work schedule to Father on Thursday or Friday of every week for the next week. 4. Father shall have partial physical custody on alternating weekends from Friday at 4:30 p.m. to Monday at 8:00 a.m. beginning Friday, January 22, 2010. 5. Father shall have reasonable telephone contact with the child at 3:00 p.m. on days that he does not have physical custody of the child. 6. Mother shall be responsible for all transportation. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for March 16, 2010 at 9:30 a.m. BY THE COURT, J. cc: J~ichael Sheldon, Esquire, Counsel for Father /Jennifer E. Temp, pro se 104 Tory Circle Enola, PA 17025 ~: -„ ~-~ r i '4 T _,;;~ +.,~ --, i -(_' ~ ~~~ '~ i ~ ~S' m ~ ~ l~C~ ~~~~f~~ ~'l DENNIS M. MULROY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-7129 CIVIL ACTION -LAW JENNIFER E. TEMP, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Montana Mulroy November 30, 2006 Mother 2. A Conciliation Conference was held in this matter on January 19, 2010, with the following in attendance: The Father, Dennis M. Mulroy, with his counsel, J. Michael Sheldon, Esquire, and the Mother, Jennifer E. Temp, pro se. 3. The Honorable M. L. Ebert, Jr. entered an Order of Court dated November 19, 2009 providing for shared legal custody, Mother having primary physical custody and Father having a period of supervised custody and partial physical custody two times per week for two hours. 4. Father filed for contempt but is willing to withdraw the petition in light of the agreement of the parties. 5. The parties agreed to an Order in the form as attached. Date: / -0~0 -/a acqu ne M. Verney, Esquire Custody Conciliator ~/ MaR ~, 6 200 DENNIS M. MULROY, Plaintiff V. JENNIFER E. TEMP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-7129 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~ 7~`"day of , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~ , of the Cumberland County Court House, on the a ~'"~day of , 2010, at ~ ~~ D o'clock, ~. M., at which time testimony will e take .For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party, or each party, shall file with the Court and opposing counsel, or party, a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated November 19, 2009 and January 21, 2010 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Dennis M. Mulroy, pro se 1951 Lenox Street Camp Hill, PA 17011 Jennifer E. Temp, pro se 104 Tory Circle Enola, PA 17025 ~ ~ ~/.a ~~ BY THE COURT, M.L. Ebert, Jr., J. n c `~ ' v. ~ ' ~T_ f7~'?'~ 1 ' _ , -r rT; _._., ;. ;_ ~~ ,,_~;.a :_ .. t y DENNIS M. MULROY, Plaintiff V. JENNIFER E. TEMP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-7129 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Montana Mulroy November 30, 2006 Mother 2. A Conciliation Conference was held March 16, 2010 with the following individuals in attendance: The Father, Dennis M. Mulroy, pro se and the Mother, Jennifer E. Temp, pro se. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated November 19, 2009 and January 21, 2010 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday and evenings during the week when Mother is working. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father asserts that he is available to care for the child and has a close relationship with her. He asserts that Mother is thwarting this relationship. Father suggests a 3/3/2 schedule. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She asserts that the child needs a stable home and shared physical custody would confuse her. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. Date Jac eline M. Verney, Esquire Custody Conciliator w DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ~ a ~- ~, , JENNIFER E. TEMP, m~~;'~~c -t+ c- ~ ~_ ~ ~, _.~ r~. DEFENDANT NO. 09-7129 CIVIL - c ~.^~ ~ ~' IN RE: CUSTODY -~ ~ -:~ ORDER OF COURT T` ~~ N . 3 ~ ::` AND NOW, this 28~' day of July, 2010, after hearing in the above captioned matter, at which Plaintiff Father failed to appear, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Mother, Jennifer E. Temp, shall have sole legal custody of the child, Montana Mulroy, born November 30, 2006. Mother shall provide Father with records or information concerning her decisions regarding the child's medical and dental treatments and religious and school involvement. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of visitation and partial custody: a. Father shall have partial physical custody on alternating weekends from Friday at 4:30 p.m. to Monday at 8:00 a.m. b. Father shall have one evening per week from 4:30 p.m. until 9:00 a.m. the next morning. The day of the week for this overnight custody shall be determined by agreement of the parties, and may vary each week depending on Mother's work schedule. c. Christmas Holiday: Father shall have custody of the child from 6:00 p.m. on Christmas Eve until .12:00 noon on Christmas Day in even numbered years and from 12:00 noon Christmas Day until 9:00 a.m. December 26 in odd numbered years. 4. Mother shall be responsible for all transportation. 5. Father shall have reasonable telephone contact with the child. 6. Neither party shall use illegal drugs or prescription medications not prescribed to them or use alcohol to the point of intoxication immediately prior to or during any period of custody or visitation. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent the terms of this Order shall control. / Dennis M. Mulro Y Pro Se Plaintiff 1951 Lenox Street Camp Hill, PA 17011 ./Jennifer E. Temp Pro Se Defendant 104 Tory Circle Enola, PA 17025 bas I 7~zS~~o _~ By the Court, M. L. Ebert, Jr., J. 4 3 EER 20; P t-- NNSYUV`=p DENNIS M. MULROY, Plaintiff V. JENNIFER E. TEMP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2009-7129 CIVIL TERM : IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Jennifer L. Temp, by and through her counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C. and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Jennifer L. Temp, an adult individual currently residing at 165 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Dennis M. Mulroy, an adult individual currently residing at 1951 Lennox Street, Camp Hill, Pennsylvania, and who is represented in these proceedings by Maria P. Cognetti, Esquire of 3304 Market Street, Camp Hill, Pennsylvania, 17011. 3. A Petition for Modification of Custody Order and for Contempt was filed by Respondent on December 12, 2012. 4. As a result of the Conciliation Conference held in this matter on January 4, 2013, a hearing was scheduled in this matter for March 1, 2013 at 9:00 a.m. in Courtroom Number 2 at the Cumberland County Courthouse before your Honorable M. L. Ebert, Jr., Judge. 5. Petitioner appeared at the Conciliation Conference pro se. 6. Respondent has retained the services of Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, P.C. to represent her in the instant proceedings. 7. Petitioner's counsel, Bradley L. Griffie, Esquire, is scheduled to be in an arbitration hearing in Franklin County, Pennsylvania on March 1, 2013, which matter has been scheduled for in excess of two months. 8. Petitioner, who is currently being treated for injuries incurred in a worker's compensation related matter, has been scheduled to appear at a worker's compensation proceeding on Friday, March 1, 2013 at 8:30 a.m. in Harrisburg, Pennsylvania, as evidenced by the Notice which is attached hereto and incorporated herein by reference as Exhibit "A." 9. The Order scheduling the hearing in this matter, which Order is dated January 10, 2013, was received by Petitioner on approximately January 14, 2013. 10. Due to counsel's schedule, Petitioner was unable to meet with her attorney to review this matter until February 6, 2013. 11. Upon meeting with counsel, Petitioner's counsel corresponded with Respondent's counsel to request a continuance of the March 1, 2013 hearing for the reasons set forth above. 12. Following discussions between counsel, Respondent and his counsel, Maria P. Cognetti, Esquire, concur in the request for a continuance based upon the entry of an Order in the form attached hereto. WHEREFORE, Petitioner requests your Honorable Court to reschedule the March 1, 2013 custody hearing in this matter to a day convenient to the Court, and both counsel, and enter the Order presented herewith modifying the Court's prior Order. Respectfully Submitted, B ?ffoorr fi , squ ire A fendant Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: C?© lJ JENINIF R . T MP LTWO02 REV 03/19/2008 JENNIFER TEMP 165 BROOKWOOD DR CARLISLE PA 17012 Bureau Claim Number: 3911348 Insurer Claim Number: Injury Date: 08/09/2011 Petitions: Penalty-Pet Pet-To Reinstate Compensation Benefits Pet-To Review Medical Treatment Assignment County Cumberland (North) JENNIFER TEMP 165 BROOKWOOD DR CARLISLE, PA 17012 THOMAS A WILKEN ESQ CALHOON & ASSOC PC 2411 N FRONT ST HARRISBURG, PA 17110 Vs PARK INN/LEGENDS 5401 CARLISLE PIKE MECHANICSBURG, PA 17050 STEPHEN R HARRIS ESQ CIPRIANI & WERNER PC 1011 MUMMA RD STE 201 LEMOYNE, PA 17043 CHARTIS CLAIMS INC PO BOX 4050 ALPHARETTA, GA 300234050 Zia COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION OFFICE OF ADJUDICATION 717-783-4419 NOTICE OF MANDATORY MEDIATION DATE: 03/01/2013 TIME: 8:30 am LOCATION: Date of Notice: 02/01/2013 Harrisburg Judges Office Mediation Room 1 East Gate Center 1010 North Seventh Street Harrisburg, PA 17102-1400 THE FOLLOWING JUDGE WILL CONDUCT THE MANDATORY MEDIATION. PLEASE SEND ALL CORRESPONDENCE RELATING TO THIS .!MANDATORY MEDIATION TO: Judge Paul Baker East Gate Center 1010 North Seventh Street Harrisburg, PA 17102-1400 All proceedings are covered by the special rules of Administrative Practice & Procedure Before Judges 34 PA. Code, Chapter 131. Compliance with all rules as published will be expected of all parties. ILLINOIS NATIONAL INSURANCE CO LAURA TOWNSEND PO BOX 9973 WILMINGTON, DE 19809 J Q W? W Q A J? J Q Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/program Page 1 of 1 FILED-Of FICt 'THE PROTHONOTW 2013 APR 1t Pm 1' 09 CJ ENSLVN T Y PENNSYLVANIA COGNETTI&ASSOCIATES MARIA P.COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 Attorneys for Plaintiff DENNIS M. MULROY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO, 2009-7129 JENNIFER E. TEMP, : CIVIL ACTION—LAW Defendant/Respondent : IN CUSTODY : ASSIGNED JUDGE: M.L. EBERT. JR. MOTION FOR CONTINUANCE AND NOW, comes Plaintiff/Petitioner, Dennis M. Mulroy, by and through his attorney, I Maria P. Cognetti, Esquire, who brings this Motion for Continuance, and in support thereof avers as follows: 1. Plaintiff/Petitioner is Dennis M. Mulroy (hereinafter referred to as "Father"), an adult individual residing at 1951 Lennox Street, Camp Hill,Pennsylvania. 2. Defendant/Respondent is Jennifer E. Temp (hereinafter referred to as "Mother") an adult individual residing at 165 Brookwood Drive, Carlisle, Pennsylvania. 3. A Petition for Modification of Custody Order and for Contempt was filed by Father on December 12, 2012. 4. As a result of the filing of the Petition, a Custody Conciliation Conference was held on January 4, 2013, and a hearing was ultimately scheduled for March 1, 2013. S. On or about February 21, 2013, Mother requested a continuance of the March 1, 2013, hearing. Said request was granted and the hearing was rescheduled for June 14, 2013, at 9:00 a.m. 6. Father's counsel is a member of the Supreme Court of Pennsylvania's Domestic Relations Rules Committee. Said committee only meets three times per year. Their next scheduled meeting is June 13d' and 14`h. Consequently, Father's counsel is unavailable on the date of the hearing. She has so advised Mother's counsel. 7. Counsel for Mother concurs with Father's request for a continuance of this matter. WHEREFORE, Father respectfully requests this Honorable Court continue the June 14, 2013,hearing to an alternate date. Respectfully Submitted: COGNETTI& ASSOCIATES Date: April 9, 2013 By: MARIA P. COG E I,ESQUIRE Attorney I.D. No. 27914 3304 Market Street Camp Hill, PA 17011 Telephone No. {717}9094060 Attorney for Plaintiff/Petitioner CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: Bradley Griffie, Esquire GRIFFIE&ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 Service_b_v: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: April 9, 2013 By. MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner :. ;L[_.., f) rig- ' ... . �J :.. T'r;E. NROTHu.`,U ;rah: ; 2013 APR 17 AH y. 16 CUMBERLAND COUKIT'i PENNSYLVANIA DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-7129 JENNIFER E. TEMP, CIVIL ACTION— LAW Defendant/Respondent IN CUSTODY ASSIGNED JUDGE: M.L. EBERT. JR. ORDER OF COURT AND NOW, this 1 day of 2013, upon consideration of Plaintiff/Petitioner's Motion for Continuance, it is hereby ORDERED AND DECREED that a continuance is granted and the June 14, 2013, custody hearing is rescheduled to the day of 2013, at M. in Courtroom No. , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. D' tribution: Maria P. Cognetti, Esquire, Cognetti & Associates, 3304 Market Street, Camp Hill, PA 17011 A rney for Plaintiff/Petitioner Bradley L. Griffie, Esquire, Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17013 Attorney for Defendant /Respondent Co l es �LL �Cm DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA., V. CIVIL ACTION—LAW -a= _ mw C- M. JENNIFER E. TEMP, NO. 2009-7129 CIVIL TERM Defendant ' --+� IN CUSTODY y �' C:, PETITION TO WITHDRAW AS COUNSEL �< AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates, P.C., and petitions the Court as follows: 1. Petitioner is counsel of record in the above captioned matter for Defendant, Jennifer E. Temp. 2. A hearing is scheduled in the above captioned matter for July 31, 2013 at 9:00 a.m. in Courtroom Number 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 3. Respondent to this Petition is Defendant, Jennifer E. Temp. 4. Respondent has failed and refused to respond to repeated attempts by Petitioner to maintain contact with Petitioner, provide information to Petitioner regarding this case, and otherwise to assist Petition in preparing for the hearing scheduled for July 31, 2013 at 9:00 a.m. 5. Despite repeated requests by Petitioner, Respondent has failed and refused to provide payment of fees previously incurred and has refused to provide payment of a retainer required in order to advance this matter. 6. Petitioner has been unable to engage in even initial preparation for the hearing scheduled on July 31, 2013 due to lack of cooperation from the Respondent. 7. Petitioner has advised Respondent that a lack of response to Petitioner's overtures to prepare for the hearing and make payment of fees will result in the filing of the instant Petition. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jennifer E. Temp, to show cause, if any she has, as to why Petitioner should not be permitted to withdraw as counsel in this matter. Respectfully Submitted, Bra nffi@;Esquire h er S reme ourt ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: B �GRIFFIE DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW JENNIFER E. TEMP, NO. 2009-7129 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire, hereby certify that I did, the a q_ day of June, 2013, cause a copy of Petitioner's Petition to Withdraw as Counsel to be served upon Plaintiff and counsel for Defendant, by email and first-class mail,postage prepaid at the following address: Jennifer E. Temp 165 Brookwood Drive Carlisle, PA 17013 Maria Cognetti, Esquire Cognetti &Associates 3304 Market Street Camp Hill,PA 17011 DATE: (o 4'1 adl . Griffie, Esquire tioneN Suprem Co ur ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 D) DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JENNIFER E. TEMP, NO. 2009-7129 CIVIL TERM Defendant/Respondent: : IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this 0 day of _ T-'3�j -, 2013, upon presentation and consideration of the within Petition to Withdraw as Counsel, a Rule is issued upon Defendant/Respondent, Jennifer E. Temp, to show cause, if any she has, as to why Bradley L. Griffie, Esquire and the law firm of Griffie and Associates, P.C. should not be permitted to withdraw as counsel in this matter. RULE returning ten (10) days after service by first-class mail, postage prepared upon Respondent,Jennifer E. Temp. By the Court,. Cc: 1.1�a Cognetti,Esquire M. L. E�ert, Jr.,Judge Attorney for^Plaintiff �Bradley L. Griffie, Esquire Petitioner mco Jennifer E. Temp =M Respondent -<:r> -ko LL DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW JENNIFER E. TEMP, NO. 2009-7129 CIVIL TERM Defendant IN CUSTODY ENTRY OF APPEARANCE AS SELF-REPRESENTED PARTY (= = ; MM L 1 am the Defendant in the above-captioned custody case. ;, 2. I am entering my appearance as a self-re resented parry. o - r CD � ry �r; (sign) v My attorney acknowledges ithdrawal as my attorney in this case. (Attorney signature) \ 3. My address for the ose of receiving all future pleadings and other legal notices is: 104 Tory Circle, Enola, PA 17025. 1 understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. 4. My telephone number where I can be reached during normal business hours (8:00 a.m. — 4:30 p.m. Monday — Friday) is (717) 635-5806. My email address is tempstar273 0gyahoo.com. 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. 1 have provided a copy of this form to all other attorney or other self-represented parties at the following addresses as listed below: Maria P. Cognetti, Esquire, 3304 Market Street, Camp Hill, PA, 17011. 7. I full understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, Local and State Rule of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self- Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities which could result in a fine and/or prison term. j3 DATE JENNIFE . TE F!L E'D-G,FF ;u. i• T H FRO 1 I O N V 1 7't 1 2313 ..I UL. 13 AM 1 4 5,0 CUMBERLAND COUNTY PENNSYLVANIA DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-7129 JENNIFER E. TEMP, CIVIL ACTION—LAW Defendant IN CUSTODY STIPULATION FOR CUSTODY nd AND NOW, this C� day of NtJ / , 2013, Dennis M. Mulroy, Plaintiff, (hereinafter referred to as "Father"), and Jennifer E. Temp, Defendant, (hereinafter referred to as "Mother"), hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor child, Montana Mulroy, born in November 30, 2006: 1. The parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental & orthodontic treatment, mental health treatment, education religious training upbringing shall be made jointly by the parents, 1 after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their child's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their child's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5336. c. Each parent shall execute, if necessary, any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, mutually agree regarding the following matters: their child's enrollment or termination in a particular school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. f. The parents shall not alienate the affections of their child from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the 2 child's affections from the other parent as well as the other parent's extended family. g. The parents shall establish a No-Conflict Zone for their child and refrain from making derogatory comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties to make such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. h. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. i. Each parent shall refrain from encouraging their child to provide reports about the other parent. Communication should always take place directly between parents, never using their child as an intermediary. j. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other parent. k. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall immediately inform the other about the emergency. 3 1. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. 2. The parties agree to share physical custody of their child with Father's residence being considered the child's primary residence for the purpose of school registration. 3. The physical custodial schedule shall be as follows: a. Normal Schedule i. The parties shall share custody in accordance with the following 14-day repeating schedule: 1. Starting on July 9, 2013, Mother shall have Tuesday at the start of school, or 10:00 a.m. if there is no school, until Thursday at the start of school, or 10:00 a.m. if there is no school. 2. Father shall have Thursday at the start of school, or 10:00 a.m. if there is no school, until Friday at the start of school, or 10:00 a.m. if there is no school. 3. Mother shall have Friday at the start of school, or 10:00 a.m. if there is no school, until Monday at the start of school, or 10:00 a.m. if there is no school. 4. Father shall have Monday at the start of school, or 10:00 a.m. if there is no school, until Tuesday at the start of school, or 10:00 a.m. if there is no school. 4 5. Mother shall have Tuesday at the start of school, or 10:00 a.m. if there is no school, until Thursday at the start of school, or 10:00 a.m. if there is no school. 6. Father shall have Thursday at the start of school, or 10:00 a.m. if there is no school, until Tuesday at the start of school, or 10:00 a.m. if there is no school. 7. The schedule will then repeat. b. Holidays i. The parties shall alternate the following holidays from year to year: Memorial Day, July 4th, and Labor Day. The custodial period shall be from 10:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. Mother shall have July 4th in 2013 and in all odd years and Memorial Day and Labor Day in 2014 and in all even years. Father shall have July 4th in 2014 and in all even years and Memorial Day and Labor Day in 2013 and in all odd years. ii. Easter shall be divided into two segments. Segment A shall be the Saturday night before Easter from 7:00 p.m. until Easter Sunday at 2:00 p.m. and Segment B shall be from Easter Sunday at 2:00 p.m. until the Monday after Easter at the start of school, or 10:00 a.m. if there is no school. In odd numbered years, Father shall have Segment A, and Mother shall have Segment B. In even numbered years, Mother shall have Segment A, and Father shall have 5 Segment B. Thanksgiving shall be divided into two segments. Segment A shall be the Wednesday night before Thanksgiving Day from 7:00 p.m. until Thursday, Thanksgiving Day at 2:00 p.m. and Segment B shall be from Thursday, Thanksgiving Day at 2:00 p.m. until the Friday after Thanksgiving Day until 10:00 a.m. with custody resuming in accordance with the normal schedule set forth above. Mother shall always have Segment A and Father shall always have Segment B. iv. Christmas shall be divided into two segments. Segment A shall be from December 24th at 8:00 p.m. until December 25th at 3:00 p.m. Segment B shall be from December 25th at 3:00 p.m. until December 26th at 3:00 p.m. In odd numbered years, Father shall have Segment A, and Mother shall have Segment B. In even numbered years, Mother shall have Segment A, and Father shall have Segment B. The remainder of the school holiday break shall be divided between the parties as they can agree. Additionally, Mother shall always have December 24th from 2:00 p.m. until 8:00 p.m. . V. The child shall spend Mother's Day with Mother and Father's Day with Father. The holiday period is defined as the day of the holiday from 10:00 a.m. until 7:00 p.m. 6 vi. The holiday schedule shall take priority over any other scheduled period of time. C. Vacation i. Each party shall be entitled to two one-week periods of uninterrupted custody during the child's school recess. A week is defined as seven consecutive days. ii. Each seven day period shall be taken Saturday to Saturday from 8:00 a.m. to 8:00 p.m. iii. Each party's vacation time must be taken in conjunction with his/her custodial weekend. iv. Each party shall give the other party a minimum of 30 days written notice of the specific dates for such custodial periods. V. No less than seven days in advance of the intended vacation the party taking vacation must advise the other party of the exact location of the intended vacation, hotel or other accommodation details, and a telephone number where the child can be reached during the vacation period. vi. The vacation schedule shall not interfere with the holiday schedule hereinabove, i.e. no vacation can be taken if it interferes with the other party's holiday custody. 4. If the custodial parent is unable to care for the child during their custodial periods, and it is necessary to hire a babysitter, take the child to daycare, or enlist the services of any third 7 party other than one of the natural parents, then it is understood that each of them will give the other parent the right of first refusal relative to caring for the child, provided the period in question is in excess of two hours. The only exception to this paragraph shall be if the child is being cared for by a grandparent, then, in that event, the time period shall be extended to six hours. The parties further agree that this does not constitute a"swap" of custodial time. 5. The parties agree that the parent relinquishing custody shall be responsible for providing transportation to the other parent or school as the schedule may require. 6. The non-custodial parent, at any given time, shall have reasonable telephone access to the child, and the child should not be precluded from telephoning the non-custodial parent at reasonable times. Should the child be unavailable to receive a telephone call from the parent, the custodial parent shall make reasonable efforts to have the child return the telephone call. Neither party shall interfere with the other party's telephone contacts with the child. 7. No party shall be permitted to relocate the residence of the child to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the child consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. § 5337(c). 8. The parties agree that this Stipulation shall be entered as an Order of Court and as such shall have the same force and effect as if this matter had been tried and decided. 9. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or a new agreement, in writing, between the parties. 8 10. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. Witness ennis M. MiAre 3� - Witness Jenn�i'fer E. mp 9 f rx, LUUN Y PENNSYLVANIA DENNIS M. MULROY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-7129 JENNIFER E. TEMP, CIVIL ACTION—LAW Defendant IN CUSTODY ORDER OF COURT �d AND NOW, to wit, this Z day of ��t y 2013, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody dated July 2, 2013 is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: M.L. Ebert, Jr., Judge Distribution: Maria P. Cognetti, Esquire, /ognetti & Associates, 3304 Market Street, Camp Hill, PA 17011 Attorney for Plaintiff ,JJennifer E. Temp, Pro Se, 104 Tory Circle, Enola, PA 17025 J � e7 l�