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Home My WebLink About04-3101IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA JAMES HENRY, Civil Action At Law---Custody Plaintiff, Case No. 0?/-11,01 VS. SHARON A. HENRY, Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is James Henry, residing at 413 E. Marble St. Mechanicsburg, 17055 in the County of Cumberland. 2. The defendant is Sharon A. Henry, who currently resides at 5169 East Trindle Road Lot 18, Mechanicsburg, PA. 17055 3. Plaintiff seeks custody of the following children: Name Address Age Aimee E. Henry same as father dob 12/15/1992 10 Shelby M. Henry same as father dob 7/23/1996 7 Kevin J. Henry same as father dob 8/24/1998 5 4. The children were born within wedlock. 5. The children are currently in the custody of James Henry whose current residence is 413 E. Marble St. Mechanicsburg, PA. 17055. 6. Since May of 2000, the children have resided with the father at 413 E. Marble St. Mechanicsburg, PA. 17055. 7. The biological mother of the children is Sharon Henry, whose current address is unknown. 8. The mother is separated from he father, and has been since May of 2000. 9. The. father of the child is James Henry and is currently residing at 413 E. Marble St. Mechanicsburg, PA. 17055. 10. The father is separated but currently remains married to the mother, and Defendant. 11. The relationship of the plaintiff to the child is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationship Aimee E. Henry Daughter Shelby M. Henry Daughter Kevin J. Henry Son 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has Physical Custody of the child or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The children currently reside with their father in the home where they have a sense of stability and predictability and within which their physical and emotional needs are being fulfilled. (b) The plaintiff father has been, and continues to be the primary caretaker and caregiver to the children since May of 2000. (c) Plaintiff, believes and therefore avers that he can continue to provide a predictable and stable lifestyle of which, the children have become accustomed and will continue to be in the best interest of the children during their formative years and throughout their lives. (d) The father has provided for all of the childrens' basic needs since May of 2000 with only sporadic appearances from the mother relative to her involvement with the children. WHEREFORE, Plaintiff, James Henry, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the children. DATED : 4/12/2004 G;est Y . A ETT 3 . H squire 7ain Street PA. 17055 (717) 790-5500 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities Date: t,? _ ?3 '0q Ja es Henry, Plaintiff ?\ ?? C? ,? , w? ?, ? ? ? ?, ? Lam, ?. r JAMES HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3101 CIVIL ACTION LAW SHARON A. HENRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday July 13 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S Sunday Esq. the conciliator, Monda August 09, 2004 at 8:30 AM at 39 West Main Street, Mechanicsburg, PA 17055 on 3', 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. All children age five or older may also be present at the conference. 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, R a mhc By: Is/ 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 an reasonable our office. accommodations available to disabled individuals having business before the court, please contact 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 ?pp ' 44V "a Ei-6 ;I Ar-,V-7ff G ?A v4 ;Ikw Ut^..c 148 £! "or hOoz ?ho Ucl- ??- CIL 1,t fi.C)i::) iG d 3N1 ao 3Jf1?0-X7311:1 Manufacturers and Traders Trust Company VS Donald E. Slike and Rose Marie Slike In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3101 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Lloyd Persun. Sheriff's Costs: Docketing 30.00 Poundage 25.06 Posting Bills 120.00 Advertising 30.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Levy 30.00 Surcharge 40.00 Postpone Sale 20.00 Law Journal 479.30 Patriot News 453.67 Share of Bills 29.26 $ 1278.11 paid by attorney 07/06/04 Sworn and subscribed to before me So Answers: This ?_ day of - R. Thomas Kline, Sheriff 2004, A.D. 1 K 12 hj?oti BY 0 Prothonotary Real Es to Deputy r Sro (.lt 4 t,4 t3 /S9S' ? MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DONALD E. SLIKE AND ROSE MARIE SLIKE, Defendants DOCKET NO. 03-3101 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers & Traders Trust Company, Plaintiff, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed, the following information concerning the real properties located at 403, 404, 406, 409, 410, 411, 412 and 414 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania (Parcel Nos. 25-25-0008-025; 25-25-008-048; 25-25-0008-047; 25-25-0008-022; 25-25-0008-045;25-25-0008-021;25-25-0008-044;25-25-0008-043), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owners or reputed owners: Donald E. Slike and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike and Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: Donald E. Slike and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike and Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank, Successor by Merger to Lebanon Valley National Bank One Penn Square Lancaster, PA 17602 4. The name and address of the last recorded holder of every mortgage of record: Farmers Trust Company now by merger Manufacturers & Traders Trust Company 1331 12th Avenue Altoona, PA 16601 5. The name and address of every other person who has any record lien on the property: None found 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None found -2- I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Kei a gan, Assistant Vice President nufacturers & Traders Trust Company, Plaintiff Date: March __L, 2004 392899v1 EXHIBIT "A" ALL THOSE certain tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: NO. I- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hillside Road in a southerly direction seven hundred forty-two and ninety-three one-hundredths (742.93) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direction along a parallel with Hillside Road six hundred seventy-five and forty-one hundredths (675.41) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty-seven one hundredths (147.37) feet to a point; the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on Plan No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 403, 409 and 411 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING from the said description Lots 21, 23, 24, 27, 28, 29, 30, 31, 32, 33 and 34 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known and numbered as premises 401, 405, 407, 413, 415, 417, 419, 421, 423, 425 and 427 Hillside Road respectively. NO.2- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line of Hillside Road; thence in a southerly direction along Hillside Road seven hundred sixty-eight and seven-tenth (768.7) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hundredths (830.55) feet to a point on the southern line of Fifth Street; thence along Fifth Street in an easterly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING part of Lots 9, 10, 11, 12 and 13 on the Plan. No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 404, 406, 408, 410, 412, 414 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING AND EXCLUDING, however, residences known as and numbered 408 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING ALSO from said description Lots 20, 19, 12, 11, 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. 392890v1 MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff V. DONALD E. SLIKE and ROSE MARIE SLIKE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 03-3101 CIVIL NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff"s Sale of Real Property (Real Estate) will be held in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 on June 9, 2004 at 10:00 a.m., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other improvements erected on the land. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATIONS of the properties to be sold are: 403, 404, 406, 409, 410, 411, 412 and 414 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania Parcel Nos. 25-25-0008-025; 25-25-008-048; 25-25-0008-047; 25-25-0008-022; 25-25-0008-045;25-25-0008-021;25-25-0008-044;25-25-0008-043 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Docket No. 03-3101 Civil THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES ARE: Donald E. Slike and Rose Marie Slike SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B". SHERIFF OF CUMBERLAND COUNTY -3- 392869v1 EXHIBIT "A" ALL THOSE certain tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: NO.1- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hillside Road in a southerly direction seven hundred forty-two and ninety-three one-hundredths (742.93) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direction along a parallel with Hillside Road six hundred seventy-five and forty-one hundredths (675.41) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty-seven one hundredths (147.37) feet to a point; the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on Plan No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 403, 409 and 411 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING from the said description Lots 21, 23, 24, 27, 28, 29, 30, 31, 32, 33 and 34 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known and numbered as premises 401, 405, 407, 413, 415, 417, 419, 421, 423, 425 and 427 Hillside Road respectively. NO.2- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line of Hillside Road; thence in a southerly direction along Hillside Road seven hundred sixty-eight and seven-tenth (768.7) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hundredths (830.55) feet to a point on the southern line of Fifth Street; thence along Fifth Street in an easterly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING part of Lots 9, 10, 11, 12 and 13 on the Plan. No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 404, 406, 408, 410, 412, 414 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING AND EXCLUDING, however, residences known as and numbered 408 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING ALSO from said description Lots 20, 19, 12, 11, 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. 392890v1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MANUFACTURERS & TRADERS COMPANY, Plaintiff V. DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants No. 03-3101 CIVIL Amount: $1,278,566.06 plus all costs and and attorneys' fees and expenses incurred after November 6, 2003, interest after November 6, 2003 at the rate of one percent (1 %) per annum above Plaintiff's Base Rate and all other charges and expenses provided in the Note and Mortgage (To be completed by Prothonotary) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in this case. %l DATE: March 8, 2004 Signature: Name: LloyA R. Person, Esquire Address: METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 Supreme Court ID No.: 10139 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest, attorneys' fees and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DA 391939v1 Prothonotary By: Deputy EXHIBIT "B" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3101 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS COMPANY, Plaintiff (s) From DONALD E. SLIKE AND ROSE MARIE SLIKE, HUSBAND AND WIFE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,278,566.06 L.L. $.50 Interest AFTER 11/6/03 AT THE RATE OF ONE PERCENT(1%) PER ANNUM ABOVE PLAINTIFF'S BASE RAE AND ALL OTHER CHARGES AND EXPENSES PROVIDED IN THE NOTE AND MORTGAGE Atty's Comm % Due Prothy $1.00 Arty Paid $82.00 Other Costs ATTORNEY'S FEES AND EXPENSES INCURRED AFTER 11/6/03 Plaintiff Paid Date: MARCH 9, 2004 CURTIS R. LONG Prothonotary (Seal) B t / // A Deputy REQUESTING PARTY: Name LLOYD R. PERSUN, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 N. FRONT STREET P.O.BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 10139 Real Estate Sale #72 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 403,404,406,409,410,411,412 & 414, Hillside Rd., New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 By: J(c ( ?,tiut Real Estate Deputy _, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said o ty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 1 ! 1Ki111f ", PUBLICATION ..... and su . ....................................................................... COPY Sworn to and su scribe before i 28th day of ay D. SALE#72 NOTARIAL Public Terty L Russell, Notary NO RY PUBLIC Gty of Harrisburg, Dauphin County ..,r mmisslonExpires June6,2006 My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 453.67 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, APRIL 16. 23. 30. 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 72 Writ No. 2003-3101 Civil Marie Coyne, Manufacturers & Traders 'Rust Company vs. Donald E. Slike and Rose Marie Slike Atty.: Lloyd Persun EXHIBIT "A" ALL THOSE certain tracts or par- cels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: NO. 1-BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road: thence along Hill- side Road in a southerly direction seven hundred forty-two and nine- ty-three one-hundredths (742.93) feet to a point on the northerly line TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 Rose Marie Slike Atty.: Lloyd Persun EXHIBIT "A" ALL THOSE certain tracts or par- cels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: NO. 1-BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hill- side Road in a southerly direction seven hundred forty-two and nine- ty-three one-hundredths (742.93) feet to a point on the northerly line --- of FOurtll Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direc- tion along a parallel with Hillside Road six hundred seventy-five and forty- one hundredths (675.41) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty-seven one hundredths (147.37) feet to a point; the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on Plan No. 2 of Rosemont, which Is recorded in the Cumber- land County Recorder of Deeds Of- fice in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 403, 409 and 411 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING from the said de- scription Lots 21, 23, 24, 27, 28, 29, 30, 31, 32, 33 and 34 of the subdivision plan of New Cumberland - Homes recorded in Plan Book 41, Page 50, being known and num- bered as premises 401, 405, 407, 413, 415, 417, 419, 421, 423, 425 and 427 Hillside Road respectively, NO.2-BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line Of Hillside Road; thence in a south- erly direction along Hillside Road seven hundred sixty-eight and sev- en-tenth (768.7) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hun- dredths (830.55) feet to a point on the southern line of Fifth Street thence along Fifth Street in an east- erly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING part of Lots 9, 10, 11, 12 and 13 on the Plan. No. 2 of Rose- mont, which is recorded in the Cum- berland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 404, 406, 408, 410, 412, 414 and 424 Hill- side Road, New Cumberland, Penn- sylvania. EXCEPTING AND EXCLUDING, however, residences known as and numbered 408 and 424 Hillside Road, New Cumberland, Pennsyl- vania. EXCEPTING ALSO from said description Lots 20, 19, 12, 11. 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes re- corded in Plan Book 41, Page 50, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. N"AL SEAL U LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland Count j Commission Expires March 5, 2 _._ be ga 50. bein8 knoplan Book 41 a id. 415, 417?41g 401.4 5. 407, 427 H-,Is 'de 421, 423, 425 Road - IN NO.2- NG at thefnters BEG of F' ecti On Of , t a y Point at of H' laid, R ed t?hernee o lfne direc n westerl l a r e erl y enn hund?ed?ong Hillside R80 oad the tenth (768.7) f?e1ght and sevto a 01 t - Vhste northerly ralon6'IFourth Of Fourth Street; lY direc oe fe on treet in 1 ter et to along ai 1 ne) Par'alle] point; thence undred side hundred Ih ortherIY directionile t dre i dths (830.55 antl fifty_five gh J feet to ve ght thence along Fyl Str Of Dint on Fifth street erl BE 5) (feet to a P in dretl ihtrty_five BE?fVGNG' t the Place of 12 Lots and 13 Part of 9, 0 10 11, berg t' whichns re or d' No. 2 ofl2ose- Oerl d County R In t}1e Cum ecord HAVIN Plan ook 1. pagefgseeds sin le f, b r' Rckk es>den 71B p wn asaa it nu 8, 410, 412 mbered 404. 406, and 4 syd anta d, New Cumberland. Hlll- Penn_ hove"' sfd n? o CL[IDING. R adhered 408 and 424 Has an as and vania. New Cumberland, Pe EXCEPTING nnsyl_ 9e7 and o6 Lots ALSO from said 20, 19, 12 l , Of New Cumbte ?a subdivision Pllazi corded in ,an Bookd Home$ re- 416, g known as prettff es Page 50, ! Hillside 8' 420, 422, 426400' 402, Road respectively, and 428 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA JAMES HENRY, Civil Action At Law Plaintiff, Case No6Lf 3101 CUSTODY VS. SHARON A. HENRY, Defendant, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 27TH day of July 2004 I made service of the foregoing Custody Complaint and Order setting Hearing date , upon the defendant Sharon A. Henry byway of first class mail postage prepaid. MS. SHARON HENRY 5169 EAST TRINDLE ROAD LOT 18 MECHANICSBURG, PA. 17055 S. Street g, PA. 17055 717-790-5500 r ? ?t ; ?..?. ? ?' ??:: G C' o ? < { p W tli SEP 1 3 2004 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY ORDER OF COURT 2004, upon AND NOW, this _?y of ?QA?77?? consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Henry, and the Mother, Sharon A. Henry, shall have shared legal custody of Aimee E. Henry, born December 15, 1992, Shelby M. Henry, born July 23, 1996, and Kevin J. Henry, born August 24, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition, the Father shall notify the Mother in the event any of the Children receives medical or dental treatment, along with information regarding the provider and the nature of the treatment. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 4:30 p.m. through Sunday at 12:00 noon and at any additional times arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Children during even numbered years from New Year's Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 1:00 p.m. D. Easter: The parties shall alternate having custody of the Children over Easter from the day before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m., with the Mother having custody in even numbered years and the Father having custody in odd numbered years. E. Halloween Trick or Treat Night: In every year, the Mother shall have a period of custody with the Children on Trick or Treat Night so that she can take pictures of them in their costumes and have some additional time to visit with the Children. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day weekend from Saturday at 12:00 noon through Sunday at 12:00 noon and the Father shall have custody of the Children over the Father's Day weekend for the same period. G. Children's Birthdays: The Mother shall be entitled to have custody of the Children for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. The Mother shall be entitled to have custody of the Children for up to two non-consecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions of her custodial time under this provision for a minimum of one day at a time, however, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 6. The Father shall be responsible to provide all transportation for exchanges of custody under this Order. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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. cc: ,Gregory S. Hazlett, Esquire - Counsel for Father v$haron A. Henry, Mother o9ai-oy ??_ ? ?; u.??- ?? ? rr_ ` 1 -.- 1 `)F_? rc? r.i jr3_ iii ?- CV in -?u c y? (n 1L ?? 's o -r ? CJ JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. SHARON A. HENRY Defendant 04-3101 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aimee E. Henry December 15, 1992 Father Shelby M. Henry July 23, 1996 Father Kevin J. Henry August 24, 1998 Father 2. A conciliation conference was held on September 7, 2004, with the following individuals in attendance: The Father, James Henry, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Sharon A. Henry, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. A ?a ?JC,Yn Gxii 30? Dawn S. Sunday, Esq ire Date Custody Conciliator P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Petitioner JAMES HENRY, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-3101 CIVIL ACTION - LAW V. SHARON A. HENRY, Plaintiff/Respondent, : IN CUSTODY Defendant/Petitioner PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes your Petitioner, Sharon A. Henry, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Modification of a Custody Order: matter. 1. Your Petitioner, Sharon A. Henry, is the Defendant in the above-captioned custody 2. The Respondent, James Henry, is the Plaintiff in the above-captioned custody matter. 3. The parties are the parents of three (3) children, Aimee, born 12/15/92, Shelby, born 7/23/96, and Kevin, born 8/24/98. 4. On September 21, 2004, the Court entered an Order of Court concerning the custody of the children, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 5. During the last five (5) years since the entry of the Order of Court, the children have resided at 413 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. The Defendant is not aware of any other persons asserting a right of custody or partial custody of the children. 7. Neither party is a member of the Armed Forces of the United States or any if its Allies. 8. Judge Bayley has heard this matter before. 9. The Defendant/Petitioner believes and therefore avers that it is in the best interests of the children to modify the current Order to provide the following: A. significant periods of partial custody in the Petitioner herein; B. reaffirm the need to exercise joint legal custody; and C. such other changes that are in the best interests of the children. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully Submitted, P.?iclffVVagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner Date: j -2- 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.A. §4904, relating to unworn falsification to authorities. Date: ? v _ ,or `?Y R P 'F ,. ?? rC fr-' T G_3 FS! •_ c t t 'S *P1o °O PO Al's CV- At 544 o a JAMES HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON A. HENRY DEFENDANT 2004-3101 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 22, 2009 at 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearinu. FOR THE COURT. By: Is/ Dawn S. Sunday, Esq. 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 OF THE 2009 juH 1 7 PH 2: '; U t''LI,'t, ?J E r 4L, G 12 -o y' /, i?-off' /A„_ ?.,.?e? 7 ? ?d? AUG 1 4 20096 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?r day of Av(?4-- 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Henry, and the Mother, Sharon A. Henry, shall have shared legal custody of Aimee E. Henry, born December 15, 1992, Shelby M. Henry, born July 23, 1996, and Kevin J. Henry, born August 24, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition, the Father shall notify the Mother in the event any of the Children receives medical or dental treatment, along with information regarding the provider and the nature of the treatment. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Monday morning, when the Mother shall transport the Children to school. In the event there is no school on Monday, the Mother shall transport Kevin to daycare and Aimee and Shelby to the Father's residence before the Mother begins work. The Father shall transport the Children to the Mother's residence on Saturday morning. The Mother shall have custody of the Children at any additional times as arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Children during even-numbered years from New Year's Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd-numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thanks iving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 1:00 p.m. D. Easter: The parties shall alternate having custody of the Children over Easter from the day before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m., with the Mother having custody in even-numbered years and the Father having custody in odd-numbered years. E. Halloween Trick or Treat Night: In every year, the Mother shall have a period of custody with the Children on Trick or Treat Night so that she can take pictures of them in their costumes and have some additional time to visit with the Children. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day weekend from Saturday at 12:00 noon through Sunday at 12:00 noon and the Father shall have custody of the Children over the Father's Day weekend for the same period. G. Children's Birthdays: The Mother shall be entitled to have custody of the Children for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall be entitled to have custody of the Children for up to three nonconsecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions of her custodial time under this provision for a minimum of one day at a time. However, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 6. Unless otherwise provided in this Order, the Father shall be responsible to provide all transportation for exchanges of custody. 7. Both parties shall notify each other immediately upon making any medical or medically related appointments for the Children. Both parties shall be given the opportunity to attend any appointments and obtain information from medical care providers. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. cc egory S. Hazlett, Esquire - Counsel for Father ? Y. Richard Wagner, Esquire - Counsel for Mother 1?. COQ t ES rn. g t (.£c? I 210? ,f JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. SHARON A. HENRY Defendant Prior Judge: Edgar B. Bayley 04-3101 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aimee Henry December 15, 1992 Father Shelby Henry July 23, 1996 Father Kevin Henry August 24, 1998 Father 2. A custody conciliation conference was held on August 12, 2009, with the following individuals in attendance: the Father, James Henry, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Sharon A. Henry, with her counsel, P. Richard Wagner, Esquire. 3. The parties agreed to entry of an Order in the form as attached. X5"/13 Lo 9 Date Dawn S. Sunday, Esquire Custody Conciliator FILED--OrriCE CF TH M. ''-i ?ti+OTAPY, 2009 AUG 17 FM 3= 06 r A lY Andrew C. Sheely, Esquire 127 S. Market Street � t P.O. Box 95 Mechanicsburg, PA 17055 1 i1a 17,. r f PA ID NO. 62469 717-697-7050 (Phone) UmdERLANI) 717-697-7065 (Fax) PEW4SYL V,i a ' JAMES HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SHARON A. HENRY, 04 - 3101 Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF IN RE: MOTHER'S REFUSAL TO ADHERE TO MEDICAL RECOMMENDATIONS Petitioner, James Henry, by his attorney Andrew C. Sheely, Esquire, hereby submits this Petition for Special Relief and in support thereof, states the following: 1. Plaintiff/Petitioner is JAMES HENRY, (hereinafter referred to as "Father") , is an adult individual who resides at 401 Kent Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 2 . Defendant/Respondent is SHARON A. HENRY, (hereinafter referred to as "Mother" ) , is an adult individual who resides at 5169 East Trindle Road, Lot 18, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 3 . The parties are the parents of two minor children, namely, Shelby M. Henry, born July 23, 1996 and Kevin J. Henry, born August 24, 1998. s sr3 . ob p� � 4 . The present legal and physical custody of the parties' child is controlled by an Order of Court dated August 17, 2009 entered by the Honorable Edgar B. Bayler, Judge, a copy of which Orders are attached hereto and collectively by reference herein as Exhibit "A" . 5. The current order grants Father primary physical custody of the minor child, subject to limited physical custody with Respondent. 6 . The current order grants Father and Mother shared legal custody. 7 . The minor child Kevin J. Henry has been under the care of various doctors since Kevin was four years old due to various emotional and behavioral problems. 8. During the past several weeks, the minor child Kevin J. Henry has suffered from substantial anxieties and disorders manifesting in academic decline in school activities, including anger management (threats) and extreme frustration difficulties. 9 . As a result of these problems, Petitioner took the minor child Kevin J. Henry to a child behavior and health specialist for recommendations and possible treatment to minimize the problems incurred by the minor child. 10 . As a result of the medical inquiries, recommendations were made by Dr. Barbara Sumbatian, a licensed medical practitioner in the Commonwealth of Pennsylvania. G 11. The recommendations of Dr. Sumbatian included use of prescriptive medication and drugs for treatment of the minor child's mental and emotional related problems. 12 . Dr. Sumbatian's recommendations were communicated to Respondent who has since repeatedly refused to permit or to authorize the minor child to take the recommended medications and drugs. 13. Mother's refusal to consent is contrary to the recommendations of the treating medical doctor and contrary to the safety and well being of the minor child. 14 . Petitioner is simultaneously filing a Petition for Modification of the above-captioned Custody Order. 15. The best interests of the minor child will be served by temporarily suspending the legal custody provisions of the August 17, 2009 Order of Court pertaining to shared legal custody, and granting Petitioner primary legal custody so as to permit and direct the treatment of the minor child with medication recommended and authorized by the child's treating physician and doctor. 16. Respondent Mother does not consent to this Petition for Special Relief as she has repeatedly advised the minor child to refrain from using medication. 17. No judge has handled this case since the retirement of Judge Bayley. WHEREFORE, Petitioner, James Henry, respectfully requests this Court to: A. Enter an Order of Court modifying the current custody order and awarding exclusive primary legal custody to Petitioner pending a conciliation conference; and B. Grant such other relief as this Court in its discretion deems appropriate. Respectfully submitted, Date: April 2013 Andrew C. Sheely, Esquire Attorney for Father Petitioner/Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: April 2013 _ J e Henry Exhi.b:Lt "A" - AUG -14 20096 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY ORDER OF COURT AND NOW. this 1'�' day of 2009, upon consideration of the attached Custody Conciliation Report, itils ordered and directed as follows: 1. The Father, James Henry, and the Mother. Sharon A. Henry. shall have shared.legal custody of Aimee E. Henry, born December 15. 1992. Shelby M. Henry, born July 23, 1996, and Kevin J. Henry. born August 24, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent. to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition, the Father shall notify the Mother in the event any of the Children receives medical or dental treatment, along with information regarding the provider and the nature of the treatment. 2. The Father shall have primary physical custody of the Children. I The Mother shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Monday morning, when the Mother shall transport the Children to school. In the event there is no school on Monday. the Mother shall transport Kevin to daycare and Aimee and Shelby to the Father's residence before the Mother begins work. The Father shall transport the Children to the Mother's residence on Saturday morning. The Mother shall have custody of the Children at any additional times as arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A. which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years. the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment. B. In odd-numbered years. the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Children during even-numbered years from New Year's Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd-numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 1:00 p.m. D. Easter: The parties shall alternate having custody of the Children over Easter from the day before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m., with the Mother having custody in even-numbered years and the Father having custody in odd-numbered years. E. Halloween Trick or Treat Night: In every year, the Mother shall have a period of custody with the Children on Trick or Treat Night so that she can take pictures of them in their costumes and have some additional time to visit with the Children. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day weekend from Saturday at 12:00 noon through Sunday at 12:00 noon and the Father shall have custody of the Children over the Father's Day weekend for the same period. G. Children's Birthdays: The Mother shall be entitled to have custody of the Children for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall be entitled to have custody of the Children for up to three nonconsecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions of her custodial time under this provision for a minimum of one day at a time. However, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 6. Unless otherwise provided in this Order. the Father shall be responsible to provide all transportation for exchanges of custody. 7. Both parties shall notify each other immediately upon making any medical or medically related appointments for the Children. Both parties shall be given the opportunity to attend any appointments and obtain information from medical care providers. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. BY THE COURT, J cc: Gregory S. Hazlett, Esquire—Counsel for Father P. Richard Wagner, Esquire - Counsel for Mother y69 TWIsMon'0e-wW,I We Oft Set fitly NIX SW 0111 at 'cat , POL let! 010 02 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aimee Henry December 15. 1992 Father Shelby Henry July 2':), 1996 Father Kevin Henry August 24, 1998 Father 2. A custody conciliation conference was held on August 12, 2009, with the following individuals in attendance: the Father, James Henry, with his counsel, Gregory S. Hazlett, Esquire, and the Mother. Sharon A. Henry, with her counsel. P. Richard Wagner, Esquire. 3. The parties agreed to entry of an Order in the form as attached. x"113 f o 9 Date Dawn S. Sunday. Esquire Custodv Conciliator CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Special Relief upon the individual below on the below listed date by first class mail, postage prepaid, as follows: Sharon A. Henry Lot 18 5169 East Trindle Road Mechanicsburg, PA 17050 April lb , 2013 rtx:.z Andrew C. Sheely, rney Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 2 r � 717-697-7065 (Fax) -II I 7, " rn ~s JAMES HENRY, IN THE COURT OF COMMON Pttf&S :3F ? Plaintiff CUMBERLAND COUNTY, PENNOLVAIUA VS. CIVIL ACTION - LAW SHARON A. HENRY, 04 - 3101 Defendant IN CUSTODY w PETITION FOR MODIFICATION OF CUSTODY ORDER Plaintiff, James Henry, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Modification of a Custody Order and respectfully states as follows: 1 . Plaintiff is JAMES HENRY, an adult individual who resides at 401 Kent Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 2 . Defendant is SHARON A. HENRY, an adult individual who resides at 5169 East Trindle Road, Lot 18, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, namely, Shelby M. Henry, born July 23, 1996 and Kevin J. Henry, born August 24, 1998. 4 . Substantial changes have occurred since the entry of the August 17 , 2009 Order of Court requiring modification, including the following: rV3 0D/A tdf7 a. The relationship between Shelby M. Henry and her mother has deteriorated to the point where Shelby M. Henry refuses to have any contact with Defendant/Mother; and b. The relationships between Defendant/Mother and both minor children have become adversarial, hostile and at times violent; and c. Defendant/Mother has refused to agree with medical recommendations of doctors treating Kevin J. Henry's anxiety, anger, mood and aggressive disorders resulting in substantial disruptions in the minor child' s education and social life since the beginning of 2013; and d. Defendant/Mother routinely telephones Kevin J. Henry and advises him that he does not have to take any recommended medications; and e. Certain emotional difficulties and problems of Kevin J. Henry are directly related to his refusal to take the required medication as recommended by his treating physicians; and f. Defendant/Mother has repeatedly caused incidents contrary to the best interests and welfare of the minor children. 5 . Immediate and long term modification of the current custody order is necessary to require that the minor child Kevin J. Henry comply with the medical determinations of his treating physicians without interference by Defendant/Mother. 2 6. Defendant/Mother is in need of parental counseling to address her inability to communicate with the minor children in normal and customary manners. 7. Absent full compliance with the recommendations of the treating doctors of Kevin J. Henry, Plaintiff/Father believes and therefore avers that the minor child will continue to suffer from the difficulties arising when medication is not permitted by Defendant/Mother. 8. Plaintiff/Father is simultaneously filing a Petition for Special Relief to address Defendant/Mother's refusal to permit the minor child to take prescribed medication. 9. The present legal and physical- custody of the parties, children is controlled by an Order of Court dated August 17, 2009 entered by the Honorable Edgar B. Bayley, a copy of which Order is attached hereto as Exhibit "A" . 10. The best interests of the minor children will be modifying the present order of court to grant Plaintiff/Father sole legal custody of both children, and granting Plaintiff/Father temporary physical custody of the minor children pending Defendant/Mother's completion of appropriate counseling to address the anger and hostility issues between her and the minor children. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff/Father requests your Honorable Court to grant Plaintiff/Father full legal custody and temporary, full physical custody pending appropriate counseling and recommended treatment to address the inability of Defendant/Mother to communicate with the minor children in a non-adversarial and hostile manner. Respectfully submitted, Date: April 2013 44 0j Andrew C. Sheely, ire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 4 VERIFICATION I verify that the statements made in this Petition for Modification are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to inn_wor!Y t lsi `ication to authorities. Date: April 2013 -TYm Henry Exhibits "A" AUG 14 20016 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY ORDER OF COURT AND NOW. this day of I.-%IA01 2009, upon 7 ri consideration of the attached Custody Conciliation Report, itlis ordered and directed as follows: 1. The Father, James Henry. and the Mother. Sharon A. Henry. shall have shared.legal custody of Aimee E. Henry, born December 15. 1992. Shelby M. Henry, born July 23, 1996, and Kevin J. Henry. born August 24, 1998, Each parent shall have an equal right.. to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition, the Father shall notify the Mother in the event any of the Children receives medical or dental treatment. along with information regarding the provider and the nature of the treatment. 2. The Father shall have primary physical custody of the Children. -4 I The Mother shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Monday morning, when the Mother shall transport the Children to school. In the event there is no school on Monday. the Mother shall transport Kevin to daycare and Aimee and Shelby to the Father's residence before the Mother begins work. The Father shall transport the Children to the Mother's residence on Saturday morning. The Mother shall have custody of the Children at any additional times as arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A. which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. and Segment B. which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years. the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Children during even-numbered years from New Year's Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd-numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 1:00 p.m. D. Easter: The parties shall alternate having custody of the Children over Easter from the day before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m., with the Mother having custody in even-numbered years and the Father having custody in odd-numbered years. E. Halloween Trick or Treat Night: In every year, the Mother shall have a period of custody with the Children on Trick or Treat Night so that she can take pictures of them in their costumes and have some additional time to visit with the Children. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Chifdren on Mother's Day weekend from Saturday at 12:00 noon through Sunday at 12:00 noon and the Father shall have custody of the Children over the Father's Day weekend for the same period. G. Children's Birthdays: The Mother shall be entitled to have custody of the Children for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall be entitled to have custody of the Children for up to three nonconsecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions of her custodial time under this provision for a minimum of one day at a time. However, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 6. Unless otherwise provided in this Order. the Father shall be responsible to provide all transportation for exchanges of custody. 7. Both parties shall notify each other immediately upon making any medical or medically related appointments for the Children. Both parties shall be given the opportunity to attend any appointments and obtain information from medical care providers. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. BY THE COURT, J cc: Gregory S. Hazlett, Esquire—Counsel for Father P. Richard Wagner, Esquire - Counsel for Mother COPY FROM PIECORU s: lwji—m whwad,l We aft set my lam Sn"W at Carkle, P& JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aitnee Henry December 15. 1992 Father Shelby Henry July 23, 1996 Father Kevin Henry August 24, 1998 Father 2. A custody conciliation conference was held on August 12, 2009, with the following individuals in attendance: the Father, James Henry, with his counsel, Gregory S. Hazlett, Esquire, and the Mother. Sharon A. Henry, with her counsel.P. Richard Wagner, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1113 Lo 9 Date Da-%Nn S. Sunday, Esquire 7— Custodv Conciliator CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Modification upon the individual below on the below listed date by first class mail, postage prepaid, as follows: Sharon A. Henry Lot 18 5169 East Trindle Road Mechanicsburg, PA 17050 April � 2013 U' — And ew C. ely, t orney JAMES HENRY, : IN THE COURT OF COMMON PLEAS ; Plaintiff : CUMBERLAND COUNTY, PENNSY 'N ' - vs. CIVIL ACTION - LAW r-� o ID SHARON A. HENRY, 04- 3101 Defendant : IN CUSTODY 2 ' ^Zw it PRAECIPE TO WITHDRAW APPEARANCE I, Gregory G. Hazlett, Esquire, withdraw my appearance as attorney of record for James Henry, Plaintiff, in the above-captioned case. April 2013 Gre G. ire est Main S et echanicsburg, PA 17055 I PRAECIPE TO ENTER APPEARANCE I, Andrew C. Sheely,Esquire, enter my appearance as attorney of record for James Henry, Plaintiff, in the above-captioned case. April , 2013 Andrew C. Sheely, Esquir 127 South Market Street P.O. BOX 95 Mechanicsburg, PA 17055 w CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance upon the individual below on the below listed date by first class mail, postage prepaid, as follows: Sharon A. Henry Lot 18 5169 East Trindle Road Mechanicsburg, PA 17050 April /ID 2013 4rewAnl. Sheely, Esquire JAMES HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN�IAEi � .1 r� r-q V. 2004-3101 CIVIL ACTION LAW Crr -- ,:,`' SHARON A.HENRY IN CUSTODY ' DEFENDANT -` ORDER OF COURT AND NOW, Friday,April 12,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,Esy. ,the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday,May 07,2013 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT,. By: /s/ Dawn S. Sunda Es . 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 1701.3 Telephone (717)249-3.166 o � elf JAMES HENRY, jk7 THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS . CIVIL ACTION LAW SHARON A. HENRY, 04 - 31.,01 Defendant 1N CUSTODY ORDER OF COURT AND NOW, this iS day of t 2013, upon consideration of the avel-rRents in -'--he attached .Petition for Special Relief, a hearing is hereh),,,., se-c. forth the day of 13, a -. 2DO o'clock 19 m in Courtroom No. of t-i-,e C.Umberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Pending said hearing, Plaintiff shall comply with the recommendations of the treating physicians of the minor child, Kevin J. Henry. J. Thomas A. PlaceY ZAndrew C. Sheely, Esqu'i-re common Pleas Judge Attorney for Petitioner ., Sharon A. Henry, Pro Se copl;gs- rTI rr; -TI C"-- t C-D -4 4-:- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS . CIVIL ACTION - LAW `5 SHARON A. HENRY, 04 - 3101 Defendant IN CUSTODY AFFIDAVIT OF SERVING ORDER OF COURT p N -- COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a copy of the April 15, 2013 Order of Court in the above-captioned matter to be served upon SHARON A. HENRY, Defendant, by Constable J. Michael Ward, as indicated by the attached Service of Process form on April 16, 2013. A DREW C. SHEE SWORN to and subscribed before me this /G day of April, 2013. No _ry Pub 11 My C mmission ^xpi es : N€TARML G£.4L Rm(y tA.t;P;ISGLY,Nawy Pubric a M6&';mjMWrg Solo,OumWean t U. My CAmml MOn DEPIM MN. 19,21314 rr SERVICE OF PROCESS COMMONWEALTH OF PENNSYLVANIA Docket/Case# O y — 3101 COUNTYOF ('�,>?6� 1�� 1-let�r�l Plaintiff v. OeNcq Defendant - r Served upon S \a CO rJ C &3117 by handing a copy of Describe Document(s): 16 C�s{cx��/ t� r11 tntg t4oC, To (Person actually served) (Relationship/Title) (Date) (Time) s� s c Ti7i�rntF fi?j L4 Ifs Mech ut4y/rt Pfq- (Location), Served By: (Signature) 12114e Akb /t C (Name and Title) Received By: JAMES HENRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 2004-3101 CIVIL TERM : CIVIL ACTION - LAW SHARON A. HENRY, Defendant : IN CUSTODY PRAECIPE To the Prothonotary: Please enter my appearance on behalf of the defendant, Sharon A. Henry, in the above captioned custody action. Respectfully submitted, ANDREWS & JOHNSON �L� Tay • P. Andrews, Esquire 78 -st Pomfret Street sle, PA 17013 (717) 243-0123 cc: Andrew C. Sheely, Esquire Attorney for Plainitff 127 S Market Street �3 n Mechanicsburg, PA 17055 rra cn r' JAMES HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW SHARON A. HENRY, 04-3101 CIVIL TERM Defendant IN CUSTODY IN RE: AGREEMENT TO WITHDRAW PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 18th day of April, 2013, upon consideration of the agreement to withdraw the Petition for Emergency Relief of Plaintiff and Defendant, Plaintiff and Defendant are hereby ordered and directed to comply with the medical and prescription recommendations of Barbara Sumbatian, M. D. Plaintiff and Defendant shall direct the minor child, Kevin J. Henry, to comply with the medical and prescription recommendations of Dr. Sumbatian. Neither Plaintiff nor Defendant shall interfere directly or indirectly with the minor child' s visits or appointments with Dr. Sumbatian or any pharmacy providing medication to Kevin J. Henry. The Petition for Emergency Relief is hereby withdrawn. By the Court, ................................ ............. —::::� ThomasN Placey C. P. J. -O:x A rew C. Sheely, Esquire m ,. �i ,,-P.O. Box 95 =M � r-, ,127 S S . Market Street cnt" w /M -{ ' ° echanicsburg, PA 17055 ` V For Plaintiff Taylor P. Andrews, Esquire � , rs 78 West Pomfret Street ' /Carlisle, PA 17013 V For Defendant :mae JAMES HENRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. :NO: 2004-3141 CIVIL TERM : CIVIL ACTION - LAWc = =rn SHARON A. HENRY, Defendant : IN CUSTODY r- v "D PETITION TO MODIFY CUSTODY ORDER Petitioner,Sharon A.Henry,by her attorney,Taylor P.Andrews,Esq.,represents as follows in support of this motion to modify custody order: I. Petitioner is Sharon A. Henry, Defendant in the above captioned action. She is mother of Shelby M. Henry, dob 7/23/96, and Kevin J. Henry, dob 8/24/98. 2. Respondent is James Henry,Plaintiff in the above captioned action that pertains to the children identified in paragraph#1 above. 3. Legal and physical custody and partial custody are currently controlled by an order of the Cumberland County Court dated August 17, 2009 and a copy of that order is attached hereto. 4. Respondent has recently filed a Petition For Modification of Custody Order and a Petition For Special Relief. Both petitions contained averments that Mother refused to cooperate with recommended treatment for Kevin J. Henry. 5. The Petition For Special Relief has been resolved by an agreement adopted,by Hon. Thomas A. Placey, that both parents will cooperate with the recommendations of the treating providers for Kevin J.Henry,and the Petition has been withdrawn.Judge Placey's order is attached. 6. The Petition of Father for a modification of custody has been referred to Custody Conciliator, Dawn S. Sunday, Esq. and a conciliation conference is scheduled for May 7, 2013 at 9:00 AM. A copy of the order for conciliation is attached hereto. 7. This Petition for Modification of Custody Order by Mother is filed to raise additional concerns to be conciliated at the conciliation conference on May 7, 2013. 8. Despite the August 17, 2009 order that awarded shared legal custody and that expressly empowered Mother to be engaged in information and decisions about the medical care of the children,Father has repeatedly acted to deprive Mother of information about medical treatment for Kevin J. Henry, including instructions to the doctor providing treatment to deny Mother's requests for information about treatments and appointments. 9. Father's actions to exclude Mother from decisions about Kevin's treatment has bred suspicion and resentment that, with Mother's void of information about diagnosis and treatment, have prevented any effective collaboration between parents with regard to Kevin's behavior and needs, and,have had a very counterproductive impact on Kevin. 10. Mother seeks the involvement of a coach or intermediary who can oversee the communications and decisions of the parties with regard to all decisions and the exchange of information pertaining to therapy for Kevin because she does not trust that Father will honor her shared legal custody in the future any more than he has in the past. WHEREFORE,Petitioner(Mother)requests this Court to modify the current custody order by establishing a process or other form of oversight that will assure that she is able to participate in treatment decisions and to be informed and educated about those decisions for the children,and Petitioner requests that this petition also be referred to Custody Conciliator,Dawn S. Sunday,Esq., for conciliation on May 7, 2013. Respectfully submitted, ANDREWS & JOHNSON Tay or . Andrews, Esquire 786Vest Pomfret Street Carlisle, PA 17013 Pa Supreme Ct: 15641 (717) 243-0123 (717) 243-0061 fax t-pandrewsgpa.net JAMES HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW SHARON A. HENRY, 04-3101 CIVIL TERM Defendant IN CUSTODY IN RE: AGREEMENT TO WITHDRAW PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 18th day of April, 2013, upon consideration of the agreement to withdraw the Petition for Emergency Relief of Plaintiff and Defendant, Plaintiff and Defendant are hereby ordered and directed to comply with the medical and prescription recommendations of Barbara Sumbatian, M. D. Plaintiff and Defendant shall direct the minor child, Kevin J. Henry, to comply with the medical and prescription recommendations of Dr. Sumbatian. Neither Plaintiff nor Defendant shall interfere directly or indirectly with the minor child' s visits or appointments with Dr. Sumbatian or any pharmacy providing medication to Kevin J. Henry. The Petition for Emergency Relief is hereby withdrawn. By the Court, Thomas Placey C. P. J. Andrew C. Sheely, Esquire P.O. Box 95 127 S . Market Street Mechanicsburg, PA 17055 For Plaintiff Taylor P. Andrews, Esquire - 78 West Pomfret Street TRUE COPY FROM RECORD Carlisle, PA 17 013 to Testimony whereof,!,here unto set my hand For Defendant and the seal of seid Court at-arlisle,Pa. T is day of 20 J-3_ :mae � . prothonotary From: 04/12/2013 15:11 #702 P.008/015 AUG '14 2009 f . 1 JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. 04-3102 CIVIL ACTION LAW SHARON A.HENRY . Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ��e�S� 2009, 'upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The Father,James Henry, and the Mother.Sharon A. Henry.shall have shared-legal custody of Aimee E. Henry, bom December 15. 1992. Shelby M. Henry, born July 23, 1996, and Kevin J. Henry,bom August 24, 1998. Each parent shall have an equal right,to.be exercised jointly with the other parent. to make all major non-emergency decisions affecting the Children's general well-being i including, but not limited to, all decisions regarding their health, education and religion. Pursuant to -the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including,but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition,the Father shall notify the Mother in the event any of the Children receives medical or dental treatment,along with information regarding the provider and the nature of the treatment. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m.through Monday morning,when the Mother shall transport the Children to school. In the event there is no school on Monday. the Mother shall transport Kevin to daycare and Aimee and Shelby to the Father's residence before the Mother begins work. The Father shall transport the Children to the Mother's residence on Saturday morning. The Mother shall have custody of the Children at any additional times as arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Cbri tmas: The Christmas holiday shall be divided into Segment A,which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B,which shall run from Christmas Day of 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment.B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. I •• I I From: 04/12/2013 15:11 #702 P.009/015 I B. New Year's, The Mother shall have custody of the Children during even-numbered years from New Year's•Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd-numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thankseivinst: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m,until 1:00 P.M. D. Easter: The parties shall alternate having custody of the Children over Easter from the day before Easter at 5:00 p.m.through Easter Sunday at 5:00 p.m.,with the Mother having custody in even-numbered years and the Father having custody in odd-numbered years. E. Halloween Trick or Treat Night, In every year, the Mother shall have a period of custody with the Children on Trick or Treat Night so that she can take pictures of them in their costumes and have some additional time to visit with the Children. F. Mother's Dayff gther's Day: In every year, the Mother shall have custody of the Children on Mother's Day weekend from Saturday at 12:00 noon through Sunday at 12:00 noon and the Father shall have custody of the Children over the Father's Day weekend for the same period. G. Children's Birthdays: The Mother shall be entitled to have custody of the Children. for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall be entitled to have custody of the Children for up to three nonconsecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions.of her custodial time under this provision for a minimum of one day at a time. However, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 6. Unless otherwise provided in this Order, the Father shall be responsible to provide all transportation for exchanges of custody. 7. Both parties shall notify each other immediately upon making any medical or medically related appointments for the Children. Both parties shall be,given the opportunity to attend any appointments and obtain information from medical care providers. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. i From: 04/12/2013 15:12 #702 P.010/015 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. BY THE COURT, J cc: Gregory S.Hazlett,Esquire—CounseI for Father P.Richard Wagner,Esquire-Counsel for Mother COPY FMM ASCORO in Twtgwy w"Y",i tm UM so my hang I t�rli�a Ra JAMES HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA q CD V. 2004-3101 CIVIL ACTION LAW -3- C-, -7- SHARON A.HENRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,April 12,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,_Esq., the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday,May 07,2013 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Da"S. Sunday,Esq.je Custody Conciliator 'V The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi'lites 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 VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904,relating to unsworn falsification to authorities. DATE: 1 3U 03 4-�"d-) Sharon A. Henry JAMES HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. NO: 2004-3141 CIVIL TERM CIVIL ACTION - LAW SHARON A. HENRY, Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, l '2013,1 mailed a copy of Petition to Modify Custody Order to the following person at the following address by U.S. Mail delivered to: Andrew C. Sheely,Esquire 127 South Market Street PO Box 95 Mechanicsburg,PA 17055 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. ANDREWS &JOHNSON By: p Tr P. Andrews, Esq. eys for Plaintiff Pomfret Street Carlisle, PA 17013 (717)243-0123 r + JAMES HENRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2004-3101 SHARON A. HENRY, Defendant : IN CUSTODY r' PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow, Sharon A. Henry, Petitioner,to proceed in forma ap uperis. I,Taylor P.Andrews,Esq.,attorney for the party proceeding in forma ap uperis,certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party through the Cumberland County Bar Association Pro Bono program in this custody action. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Tay or�. ndrews, Attorney for Petitioner t"nca mm Xi CD _w- f JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2004-3101 SHARON A. HENRY Defendant : IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone,including my family and associates,to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Sharon A. Henry Address: 5169 East Trindle Road, Lot 18, Mechanicsburg, PA 17050 b. Social Security No: 202-58-3379 If you are presently employed, state: Employer: None Address: Salary or wages per month: Type of work: If you are presently unemployed, state: Date of last employment: Jan. 14, 2013 for 3 weeks through temp agency Salary or wages per month: $8 per hour for 40 hours per week Type of work: Warehouse work C. Other income with the past twelve months UC @$184 per week until 2/15/13 Business or profession:_ 0 Other self-employment: 0 Interest: 0 Dividends: 0 K Sn Pension and annuities: $33 per week from PSERS Social Security benefits: 0 Support payments: 0 Disability payments: 0 Unemployment compensation and supplement benefits: 0 Workman's compensation: 0 Public Assistance: 0 Other: 0 d. Other contributions to household support: roommate approx$1,000 per mo SS retirement (Wife)(Husband)Name: N/A If your(husband)(wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: 0 e. Property owned Cash: Checking account: < $1.00 Savings account: 0 Certificates of Deposit: 0 Real Estate (including home): 0 Motor vehicle: 0 Stocks; bonds: 0 Other: f. Debts and obligations > $20,000 in unpaid medical bills Mortgage: Rent: Loans: Monthly expenses: approx $300 per month g. Persons dependent upon you for support Name: Shelby Henry and Kevin Henry as per Court order 4. I understand that I have a continuing obligation to inform the court of improvements in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.4904,relating to unsworn falsification to authorities. Date: J��/t 1CRsus�, Q. ��y Sharon A. Henry JAMES HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-3101 CIVIL ACTION LAW �9 SHARON A. HENRY C) IN CUSTODY DEFENDANT 4r.0 ORDER OF COURT AND NOW, Monday,May 06,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg,PA 17055 on Tuesday,May 07,2013 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunda 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. GpP.Ics (�fl a,�� p Cumberland County Bar Association I 32 South Bedford Street K'n�C�WS. J\ Carlisle, Pennsylvania 17013 \- 1 C s •l., Telephone (717) 249-3166 E5 5-010" t JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C"7 ry VS. 2004-3101 CIVIL ACTION L NF SHARON A. HENRY Defendant IN CUSTODY ,- -c 3>C7: ORDER OF COURT AND NOW, this day of 2013, upon consideration of the attached Custody Conciliation Report, it is or red and directed as follows: 1. The prior Orders of this Court dated August 17, 2009 and April 18, 2013 shall continue in effect. 2. The parties have agreed to participate in a Family Group Decision Making Conference. Each parent should call the Family Group Coordinator as soon as possible at 717-240-6120 to initiate the process. 3. Beginning on Sunday, May 12, 2013, the Father shall contact the Mother by telephone every Sunday evening at 8:00 p.m. to share information on any appointments which have been scheduled for the Children or any activities, special events or significant developments related to either of the Children during the prior or following week. 4. The parties and counsel shall attend a follow-up custody conciliation conference (after their participation in the Family Group Conferencing process) in the office of the conciliator, Dawn S. Sunday, on Wednesday, July 31, 2013 at 10:00 a.m. 5. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COUR , Thomas A. Placey J. cc: rew C. Sheely Esquire—Counsel for Father Taylor P. Andrews Esquire—Counsel for Mother JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-3101 CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY Prior Judge: Thomas A. Placey 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 Children who are the subjects of this litigation is as follows: NAME AGE CURRENTLY IN CUSTODY OF Shelby Henry 16 Father Kevin Henry 14 Father P' 2. A custody conciliation conference was held on May 7, 2013, with the following individuals in attendance: the Father, James Henry, with his counsel, Andrew C. Sheely Esquire, and-the Mother, Sharon Henry, with her counsel, Taylor P. Andrews Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -?019'q-3101 vs. 2004:41W CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY ORDER OF C T AND NOW, this of 2013 day , upon consideration of the attached Custody Conciliation SReport, it*ordered and directed as follows: 1. The prior Order of this Court dated August 17, 2009 is vacated and replaced with this Order. 2. The Father, James Henry, and the Mother, Sharon A. Henry, shall have shared legal custody of Shelby M. Henry, born in 1996 and Kevin J. Henry, born in 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all .records and information pertaining to the Children including, but not limited to, school and medical records and information. The Father shall provide copies of the Children's school calendars and report cards to the Mother on a regular basis. In addition,the Father shall notify the Mother in the event either of the Children receives medical or dental treatment along with information regarding the provider and the nature of the treatment. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Mother shall have custody of the Children at any additional times as arranged by agreement between the parties. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Children during even-numbered years from New Year's Eve at 5:00 p.m. through New Year's Day at 5:00 p.m. and the Father shall have custody of the Children in odd-numbered years for the same time period. For purposes of this provision, the entire New Year's period of custody shall be deemed to fall within the same year as New Year's Eve. C. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 5:00 p.m. E. Children's Birthdays:- The Mother shall be entitled to have custody of the Children for a minimum of two hours on each Child's birthday in the evening, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Children for up to three nonconsecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Father of her selection of dates. The Mother may schedule portions of her custodial time under this provision for a minimum of one day at a time. However, such periods shall not be scheduled to interfere with the Father's weekend periods of custody. 7. Unless otherwise provided in this Order, the Father shall be responsible to provide all transportation for exchanges of custody. 8. Both parties shall notify each other immediately upon making any medical or medically related appointments for the Children. Both parties shall be given the opportunity to attend any appointments and obtain information from medical care providers. 9. The Father shall contact the Mother by telephone every Sunday evening at 8:00 p.m. to share information on any appointments which have been scheduled for the Children or any activities, special events or significant developments related to either of the Children during the prior or following week. The parties shall strictly follow this provision in holding this telephone call each week unless the parties agree in advance to modify the timing of the telephone call. 10. The Father shall promptly provide to the Mother any schedules that he receives for the Children's sports or other activities, report cards and other similar documentation of the Children's progress or development. 11. All decision making regarding the Children shall be conducted directly between the Mother and the Father without the involvement of third party family members. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 14. 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. OURT, Thomas A. Lacey J. cc: �lor P. Andrews Esquire—Counsel for Mother c James Henry—Father rrp m M i } CD *Q -, ss+ Ct "°i Q 'I". JAMES HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA *20,D/ VS. —200#41U CIVIL ACTION LAW SHARON A. HENRY Defendant IN CUSTODY Prior Judge: Thomas A. Placey 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 Children who are the subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Shelby Henry 1996 Father Kevin Henry 1998 Father 2. A custody conciliation conference was initially held on August 13, 2013, with the following individuals in attendance: the Father's counsel, Andrew C. Sheely Esquire, and the Mother, Sharon A. Henry, with her counsel, Taylor P. Andrews. The Father, James Henry, did not attend. It was determined at the conference that a Family Group Conference had been scheduled for August 24, 2013 pursuant to the prior Order of this Court dated May, 2013. Both parties' Petitions for Modification were discussed and it was determined that the conciliation conference should reconvene only after the Family Group Conference had been completed. A second conference was scheduled for September 5, 2013. 3. The custody conciliation conference reconvened on September 5, 2013 with the following individuals in attendance: the Mother, Sharon A. Henry,with her counsel, Taylor P. Andrews Esquire, and the Father, James Henry, who is no longer represented by counsel in this matter. 4. The Family Group Conference had been held as planned on August 24, 2013 and a six page report had been provided to the parties summarizing the discussions and outlining conclusions. 5. Additional concerns raised by the parties were addressed at the conference and the parties were able to reach a resolution as reflected in the proposed attached Order. Both outstanding Petitions for Modification have been resolved. -� a o 1,3 Date Dawn S. Sunday, Esquire Custody Conciliator JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON A. HENRY : NO. 20044101 CIVIL TERM Defendant : IN CUSTODY MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT Petitioner is Taylor P.Andrews,Esquire,counsel of record for Sharon A.Henry,Defendant in the above captioned custody action. Petitioner respectfully represents: 1. Sharon A.Henry is the Defendant in the above captioned custody action. On or about April 12, 2013 Petitioner was assigned the custody case of Defendant, Sharon A. Henry, as a pro bono referral from the Cumberland County Bar Association Pro Bono Program. 2. On or about April 18,2013 Petitioner entered an appearance on behalf of Sharon A. Henry in the above captioned custody case. 3. The above captioned custody case proceeded through multiple conciliations and to a recommended decree dated September 12, 2013 by the Hon. Thomas A. Placey. 4. There is no pending activity in the above referenced custody case. 5. Petitioner informed Defendant, Sharon A. Henry, at the time of the last conciliation on August 13, 2013, that he would withdraw from her representation in this custody case a month after the entry of the custody order if there were no pending matters in the custody action. 6. Mid Penn Legal Services and the Cumberland County Pro Bono Referral system do not permit a case to remain open and assigned to an attorney indefinitely, and Petitioner,therefore seeks to withdraw as counsel in this case. 7. There is no prejudice to the Defendant, Sharon A. Henry,by petitioner withdrawing because there is no action pending in this custody case. 8. If there is future action in this custody case,Defendant,Sharon A.Henry,will have to reestablish her eligibility for pro bono counsel and that requirement would be disguised if Petitioner remained as counsel of record. t-, v.: �,: fir 9. Plaintiff, James Henry, was previously represented by Andrew J. Sheely, Esq., but Plaintiff proceeded without counsel at the last conciliation. WHEREFORE,Petitioner requests the Court to grant Petitioner leave to withdraw as counsel of record in the above captioned custody case. Respectfully submitted, ANDREWS & JOHNSON .. Tayl"'. An rews, Esquire 78 -.t Pomfret Street C, sle, PA 17013 (717) 243-0123 JAMES HENRY, ' JJ �,,"41I'a,. Plaintiff ■ l � �` IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL COURT 2004-3101 CIVIL TERM SHARON A. HENRY, Defendant IN CUSTODY IN RE: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT ORDER OF COURT AND NOW, this'2.. day of October 2013, upon consideration of Petitioner's Motion for Leave to Withdraw as Counsel for Defendant, without opposition from opposing counsel, a RULE is issued upon all interested parties to show cause why defendant's counsel should not be entitled to withdraw. PETITIONER shall effectuate service of this Order of Court upon Plaintiff and Defendant. RULE RETURNABLE twenty (20) days from the date of service. BY T E COURT, Thomas t . Placey C.P.J. Distribution: Taylor P. Andrews, Esq. ,- James Henry = ' ,/Sharon A. Henry . ' ,1 Cej 14CS 1/24 -'t 1-C-C-L <c-)1- _,_ „,.., : ...iv .- I a 3/I 3 :7'N-::C*-* 1 JAMES HENRY : IN THE COURT OF COMMON PLEA .pF.„`, <_ Plaintiff : CUMBERLAND COUNTY, PENNSYIAN4 _. v. : CIVIL ACTION - LAW 3101 _.< , SHARON A. HENRY : NO 2004- CIVIL TErd:, Defendant : IN CUSTODY L ) MOTION TO MAKE RULE ABSOLUTE AND TO GRANT LEAVE TO COUNSEL TO WITHDRAW Petitioner is Taylor P.Andrews,Esquire,counsel of record for Sharon A. Henry,Defendant in the above captioned custody action. Petitioner respectfully represents: 1. On October 17,2013 Petitioner filed a motion seeking leave of Court to withdraw as counsel for Defendant in the above captioned case. 2. On October 22, 2013 the Hon. Thomas A. Placey issued a Rule upon the interested parties to show cause why the request of Petitioner should not be granted. An answer to the Rule was to be filed by 20 days after service. 3. Petitioner served the Court's Order issuing the rule by regular first class mail posted October 28, 2013 to the following parties: Sharon Henry 5169 East Trindle Rd. Mechanicsburg, PA 17055 James Henry 401 Kent Drive Mechanicsburg, PA 17055 Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, PA 17055 A copy of Petitioner's certificate of service is attached hereto as Exhibit 1. 4. None of the parties in interest have filed an answer to the Rule issued by the Court. 5. Petitioner requests that the Court now make the Rule absolute and that he be granted leave to withdraw as counsel for the Defendant. WHEREFORE,Petitioner requests the Court to grant Petitioner leave to withdraw as counsel of record in the above captioned custody case. Respectfully submitted, ANDREWS & OHNSON I, i , ?FY P 4 Ta rr P And'ws, Ps-quire 7: t Pomfret Street Carlisle, PA 17013 (717) 243-0123 JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW SHARON A. HENRY : NO. 2004-3101 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, October 28, 2013,I mailed a copy of Order of Court and Motion to Leave to Withdraw as Counsel for Defendant to the following person at the following address by U.S. Mail delivered to: Sharon Henry 5169 East Trindle Rd. Mechanicsburg, PA 17055 James Henry 401 Kent Drive Mechanicsburg, PA 17055 Andrew C. Sheely,Esquire 127 South Market Street Mechanicsburg, PA 17055 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. ANDREW :Y-i, �t 1 i BY .�� • '/ le,r or P. Andrews,Esq. •ttorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 EXHIBIT a S JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON A. HENRY : NO. 2004-3101 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, December /5 , 2013 I mailed a copy of this Motion to Make Rule Absolute and to Grant Leave to Petitioner Withdraw as Counsel for Defendant to the following person at the following address by U.S. Mail delivered to: Sharon Henry 5169 East Trindle Rd. Mechanicsburg, PA 17055 James Henry 401 Kent Drive Mechanicsburg, PA 17055 Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, PA 17055 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. AND:. ,,,tI p By. Aim for P. Andrews, Esq. ttorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ■t (i° JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW 2710 SHARON A. HENRY : NO. 2004- CIVIL TERM Defendant : IN CUSTODY ORDER AND NOW,this day of December,2013,no answer having been filed to the Rule issued by this Court on October 22,2013, Taylor P.Andrews,Esquire,is hereby granted leave to withdraw as counsel for Defendant in this custody action. BY TH. COURT, Thomas A . `Lacey J. Zron A. Henry, Defendant ✓ Andrews, Esq., Taylor P. Andre Es Petitioner y Cl>pltES trta.1.15-L al/EV/3 rrl , //9 77) -f-i .L:" CO JAMES HENRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW 3/of SHARON A. HENRY : NO. 2004-4 '1' CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: As per the leave of Court granted by the Hon. Thomas A. Placey, I hereby withdraw my appearance previously entered on behalf of Defendant, Sharon A. Henry, in the above captioned case. Respectfully submitted, ANDRE • JOHN ON / Af Tay or P. • n res Esquire 78 e 'omfret Street Car isle, PA 17013 (717) 243-0123 r ae - r.,.a