HomeMy WebLinkAbout01-2621 : IN THE COURT OF COMMON PLEAS OF
: CUM E AND COUNTY, PE SYLVA
VS. :
:
: NO. CIVIL TERM
NOTICE TO DEFEND
TO THE RESPONDENTS NAMED HEREIN:
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so, the case may proceed without you, and a judgment may be entered against you by the Court
without further notice for any money claimed in the Petition or for any other claim or relief
requested by the Plaintiffs. You may lose money or pwperty or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER 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
Two Liberty Avenue
Carlisle, PA 17013
(717)249-3166
Le ban demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la
notificacion. Usted debe presenter una apariencia escrita o en persona o per abogado y archivar en
la corte en forma escrita sus defenses o sus objectones a las demandas en contra de su persona. Sea
avisedo que si usted no se deflende, las corte tomara medidas y puede entrar una orden contra usted
sin previo arise o notificacion y per cualquier queja o alivio qu¢ es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
: 2. TH~. CO~T oF co~oN PLUS oF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :
: NO. 96- CIVIL TERM
:
~ ~ ~, /~ / , Defendant : CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is ~7~,2 .~r..%¢~.¢ /~/ , residing at .
2. The Defendant is .~/~ .~_ ~,~/ , residing at
3. Plaintiff seeks ~
of ~e following child(ten):
N~E P~SENT ADD,SS AGE
. _
· he ch~Zd(~en)'~~bo~n uc o~ ~edZo~.
During the past five years, the child(ten) has resided with
the following persons and at the following addresses:
LIST ALL P~SONS ADDRESSES DATES
The mother of the childCren) is ~//~ ~/
She is (single) ~ (divorced) .
The father of the child(ten) is ../-~//.A -~-%~4, /~ /
currently residing at
He is (single) ~(divorced) .
4. The relationship of Plaintiff to the child(ren) is
The Plaintiff currently resides with:
RE~TIONSHIP
W
5. The relationship of Defendant to ~e ~hild(ren) is
wi~:
RE~TIONSHIP
6. Plaintiff ~(has not) participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of this minor child(ten) in this or another court.
The court, term and number, and its relationship to this action
is:
Plaintiff (~(has no) information of a custody proceeding
concerning the child(ten) pending in a court of this
Commonwealth. The court, term and number, and its relationship
to this action is:
Plaintiff (~s)(does not know) of a person not a party to
the proceedings who has physical custody of the child(ten) or
claims to have custody or visitation rights with respect to the
child(ten). The name and address of such person is:
?. The best interest and Permanent welfare of the
child(ten) will be served by granting the relief requested
8. Each parent whose parental rights to the child(ren) have
not been terminated and the person who has physical custody of
the chi~d{ren~ have been named as part~es to this action. All
other persons, named belowv who are known to have or claim a
right to custody or visitation of the child(ten) will be given
notice of the pendency of this action and the right to intervene=
NAME ADDRESS BASIS OF CLAIM
WHEREFORE, Plaintiff reguests this court to grant
(custody) ~ .... i-~ --':-tz_'= ~: '-:~-~a__
- = ' ...... · I of the child(ten) to the
Plaintiff.
Respectfully submitted,
Plaintiff
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.
' Plaintlff
29
JUSTIN EUGENE PAUL : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
BETH ANN PAUL
DEFENDANT : 01-2621 CIVIL ACTION LAW
: IN CUSTODY
AND NOW, Wednesday, May 09, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. . the conciliator,
at 214 Senate Avenue, Suite 10S, Camp Hill, PA 17011 on Tuesday. May 22, 2001 at i 1:00 n.m.
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 del'me and narrow the issues to he 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 cfa temporary or permanent order.
The court hereby dfrect~ the parties to furnish any and nil existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearhlg.
FOR THE COURT.
By: /s/ M,,llccq _P. C-.reeoy. 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 cou You must
at~end the scheduled conference or hearing, rt.
YOU SHOULD TAKE THIS PAPER TO YOUR ATI'ORNEY 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
2 Liberty Avenue
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
AVAZL~BLE YORK, PA. 17404 Kelly Deardorff
24 HOURS
Kei~h Deardor£f
PHONE (717) 846-9863
RETURN OF SERVICE
I,~'/~~ ,personally served a cop¥~of the
by handing hin~a c~py and leaySng the copy w~th h~on
the ~.~ day Of ~,~ ,at ~ ,~ ~.. locat,on
I, served a copy of the attached
for
on 'on the day of
199 at ~i~: a2 the Zocation of
It ~as left ~ith the above person
because that person was
I verify that the statements in this return of service are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities..
JUSTIN EUGENE PAUL. :
: IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. : No. 01-2621'Civil Action - Law
:
BETH ANN PAUL, :
: IN CUSTODY
Defendant. :
ORDER OF COURT
AND NOW, this 22nd day of May 2001, it is hereb~ directed that the conference
p"evious!y scbeduled for this date is re.scheduled. The po-,'ties and their ~_~pective counsel appe~
before Melissu Peel Greevy, Esq.,'the conciliator, at 214 Senate Avenue Suite 105 Camp Hill,
PA 17011 on the 4th day of Jnne., 2001 at 1:00 p.m. to reconvene the Custody Conciliation
Conference. At such conference, an effort will be made to resolve the issues in dispute, and to
enter a temporary order. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
Custody Concdia~
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individual having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business betbre 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~LTSTIN EUGENE PAUL : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
:
BETH ANN PAUL
: 01-2621 CIVIL ACTION [.AW
DEFENDANT
IN CUSTODY
AND NOW, Wednesday, May 09, 2001 , upon consideration of the atlached Complaint,
it is hereby directed that parties and their respective counsel appear before Mellesa P. Groovy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 10S, Camp Hill, PA 17011 off Tuesday, May 22, 2001 at 11:00 a.m.
for a Pre-Hearing Custody Conference. At .~uch conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues te 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 purtic~ to furnish uuy nad all existing Protection from Abuse orders,
Special Relief orders, Ired Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: I~l Meli~.~ P. Gree~y. 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 sbunt accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please comact 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 ATI'ORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATFORNEY 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
2 Liberly Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166T~,.[jC ~..0~'"?' !"~'?." '. [~.'-,'(' ~".?.q
This .....~ ....... day of.~ ........... , ......~
Protho~mt~
MAY 0 2 200!
/~.../ : IN THE COURT OF COMMON PLEAS OF
· : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
//./,,,, A;,// NO. o/- 6 l ClVlE TERM
NOTICE TO DEFEND
TO THE RESPONDENTS NAMED HEREIN:
You have been sue.d in Court. Ifyou wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so, the case may proceed without you, and a judgment may be entered against you by the Court
without further notice for any money claimed in the Petition or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other Hghts important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER 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
Two Liberty Avenue
Carlisle, PA 17013
(717}249-3166
Le han demandado a usted cnla corte. Si usted quiere defenderse de cstas dcmandas expuestas en las
paginas siguientes, usted tiene viente (20) dias de plazo al pattie de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en
la corte en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted
sin previo aviso o notificacion y per cnalquier queja o alivio que es pedido en la pcticion de
demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
TRUE COPY FROM RECORD
In Testimony wlmreof, I here unto set my han~
and the sisal ol said Coup, at Carlisle. ~2:~/
IN THE COURT OF COMMON PLEAS OF
· " '~.- ~.,~.,..,¢ I";..,.I , Plaintiff :
,'" ' ' : CUMBERLAND cOUNTY, PENNSYLVANIA
V. :
: NO. ~
CIVIL
TERM
:
...,/,.,,, /,:~.. / , Defendant : CUSTODY
COMPLAINT FOR CUSTODY ~:..1'":
:,~' t '.
.,f-... ·"
1. The Plaintiff is r/,,. {.e.,~ Z' ~/ , res~d ,.g. at''
'
g-,J .~/ F.,,/ ,/ /;¥.,,, (:,,..X,,.Z,.,// ,,?~.~. ~'-:':L: r.:. ...
2. The Defendant is ~'/[ ~-'/.,,, /c:~'~,,// , resi~ng:.'-~t :'
3 Plaintiff seeks ~ (-partial :u=~y,~ , ........... )
of the following child(ten):
NAME PRESENT ADDRESS AGE
The ehild(ren)-~m~ w~born out of wedlock.
The child(ten) is presently in the ~ustody of ~/,h ,/~,r,,.~/~... /
J~ ; 2o'~o
During the past five years, the child(ten) has resided with
the following persons and at the following addresses:
LIST ALL PERSONS ADDRESSES DATES
~./Z A,,,,, /Z.../ z.// u. ?~.'/,,Z,,~/,,,, ;~',~,,~, ~,,,,,¥ ,/_;.~_,o
The mother of the child(ren) is
2--6
currently residing at ~/~ ~." /~,,A,~'"/~'/./~/''~' ~' ,.., Z "
She is (single) ~~ (divorced) ·
He is (single) ~arri~_~(divorced) .
4. The relationship of Plaintiff to the child(ren) is
/-,. F/,~.- The Plaintiff currently resides with:
NAME RELATIONSHIP
5. The relationship of Defendant to the child(ren) is
/~/~ The Defendant currently resides
with:
NAME RELATIONSHIP
6. Plaintiff ~(has not) participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of this minor child(ren) in this or another court.
The court, term and number, and its relationship to this action
is:
Plaintiff (~(has no) information of a custody proceeding
concerning the child(ten) pending in a court of this
27
Commonwealth. The court, term and number, and its relationship
to this action is:
Plaintiff (~)(does not know) of a person.not a party to
the proceedings who has physical custody of the child(ren) or
claims to have custody or visitation rights with respect to the
child(ten). The name and address of such person is:
7. The best interest and permanent welfare of the
child(ten) will be served by. granting the relief requested
8. Each parent whose parental rights to the child(ten) have
~ot been terminated and the person who has physical custody of
the chifd(re~) have been named as parties to this action. Ail
other persons, named below, who are known to have or claim a
right to custody or visitation of the child(ren) will be given
notice of the pendency of this action and the right to intervene:
NA~E ADDRESS BASIS OF CLAIM
WHEREFORE, Plaintiff requests this court to g=ant
(custody)~t_ a~----r~ ..... ..... ~-l.~A~!~at~-~n~~:..- . of the child(ren) to the
Plaintiff.
Respectfully submitted,
Date /''-- / Plaintiff
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subj.ect to the penalties of 18 Pa.C.S. §4904 rela~ing to unsworn
falsification to authorities.
' Plaintiff
2--9
JUSTIN EUGENE PAUL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 01-2621
:
BETH ANN PAUL, : CIVIL ACTION - LAW
Defendant : CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this ! ~'~ day of ~ ,2001, upon consideration of
the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. ~. The parties, Justin Eugene Paul and Beth Ann Paul, shall have
shared legal custody of the minor Children, Shelby Elaine Paul, born August 23, 1992; Dakota
Eugene Paul, born June 6, 1996; Dalton Lee Paul, born June 6, 1996. 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 Pa. C. S. § 5309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious or school records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. P~].~iJg~-~[~. Primary physical custody of the minor Children shall be with the
Father. Mother shall have partial physical custody arranged as follows:
A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
to commence on June 9, 2001. The weekend schedule may be altered to
include Father's National Guard duty weekend.
B. Father shall provide a copy of his National Guard schedule to the Mother
by June 7, 2001, and annually within seventy-two hours of receipt thereof.
3. ~. The parent whose custodial period is beginning shall be
responsible for providing transportation.
4. ~. Holiday custody shall be arranged as follows:
A. ~. Mother shall have custody on December 24th at 10:00 p.m.
through New Year's Day 11'.00 a.m. each year.
No. 01-2621
B. [13j;~~. Mother shall have custody for Independence Day at
such times as the parties may agree.
C. ~.i~%[e[. Father shall have custody for Easter in odd-numbered years and
Mother shall have custody for Easter in even-numbered years. The
custodial period for Easter shall be from 9:00 a.m. until 9:00 p.m.
D. ~Lba[l.ksgJYJ-~' Father shall have custody for Thanksgiving in even-
numbered years and Mother shall have custody for Thanksgiving in odd-
numbered years. In odd-numbered years, if Mother's custodial weekend
begins the Friday after Thanksgiving, she shall have the custodial
weekend from Thanksgiving Day at 10:00 a.m. until the Sunday following
Thanksgiving at 6:00 p.m.
ntitled to up to three weeks for the purpose of
5. VacatiOn. Each party shall b.e .el .... , ,.~ ,ouan consecutively, unless otherwise
summer v~ not more than two oT wnlcn sna, u= ,=,-,- annual training with
agreed. Two of Mother's vacation weeks shall include Father's two-week
the National Guard. Mother shall have custody from June 13, 2001, through June 30, 2001,
while Father is on National Guard duty. The parties shall provide no less than a thirty-day
notice to each other with regard to any vacation time which they may plan to take.
6. Whenever possible, the parties shall give each other at least a seventy-two hour
notice of any changes needed to the weekend schedule.
..... ,-- ~.--*~,,,notarv's office indicating that .
ather shall file a Proof _of S. ervlce ~ m.~ r,,,,,,,~eren~7~e which was held on June
7. F ..... "~'e Custody Conull atlon Conf
Mother has recalve(~ notice u~ u, '
2001. 8. This Order is temporary in nature. If Mother is aggrieved by the terms of this Order,
she may petition the Court for modification and an additional Custody Conciliation Conference
will be scheduled.
BY
J.
u erie Paul, 414 Third Street, 2n~ Floor, New Cumberland, PA 17070
Beth Ann Paul, 613 W. Philadelphia Stre ,
JUSTIN EUGENE PAUL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 01-2621
:
BETH ANN PAUL, : CIVIL ACTION - LAW
Defendant : 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 subject of this
litigation is as follows:
NAME ~ CURRENTLY IN CUSTODY OF
Shelby Elaine Paul August 23, 1992 Father
Dakota Eugene Paul June 6, 1996 Father
Dalton Lee Paul June 6, 1996 Father
2. A Custody Conciliation Conference was held on June 4, 2001, with the following
individuals in attendance: the Father, Justin Eugene Paul, who appeared pro se. Mr. Paul
appeared at the Conference and provided the Custody Conciliator with a copy of a Return of
Service executed by Kelly Deardorff of the Constable's office in York, Pennsylvania. The
Return of Service indicated that the Defendant was personally served with the copy of papers
provided which included the Order scheduling the Conference and the Custody Complaint on
the Defendant on May 23, 2001. The Custody Conciliation Conference was delayed in
beginning and Mr. Paul remained at the Conciliator's office until an hour and one half following
the designated starting time of the Custody Conciliation Conference. During that period of
time the Defendant did not call or attend the Conference. Neither did she send a designated
representative to the Conference. In as much as the Conciliator is satisfied that the Defendant
has been served and has not attended the Conference, a Temporary Order is attached.
Date ~2~//''~/0 / '('~~-~~' ~'~--~
Melissa P~e~Gree~', Esquire ~
Custody Conciliator