HomeMy WebLinkAbout00-06478 NMf of
OF THE PPO HON TARP
2011 APR -4 PH I: 20
MARCIE L. LINGLE, IN THE COURT OF COMMON PLEAS OF
PlaiA RLAND COU?N .j.: CUMBERLAND COUNTY, PENNSYLVANIA
PEUNSYL AINJ
vs. NO. 2000 - 6478 CIVIL
CIVIL ACTION - LAW
ROBERT G. LINGLE,
Defendant IN CUSTODY
PETITION TO MODIFY CUSTODY AND VISITATION ORDER
PTO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Petitioner herein, MARCIE L. McCARDELL,
formerly MARCIE L. LINGLE, by and through her attorney, Marlin
R. McCaleb, Esquire, who files the following Petition to Modify
Custody and Visitation Order and in support thereof avers as
follows:
1. The Petitioner herein is MARCIE L. McCARDELL, formerly
IAARCIE L. LINGLE, an adult individual who lives and resides at
74 Pleasant View Drive, Mechanicsburg, Pennsylvania 17050.
2. The Respondent herein is ROBERT G. LINGLE, an adult
individual whose last known residence and address is 458
Phoenix Drive, Dover, Delaware 19901.
3. The Petitioner and Respondent are the natural parents
of JASON TYLER LINGLE, born August 19, 1998.
4. Petitioner and Respondent herein are the Plaintiff and
LAW OFFICES
MARLIN R. McCALEB
Defendant, respectively, in and to a certain Custody
Stipulation and Agreement that was entered as an order of Court
herein by The Honorable Edward E. Guido, Judge, on September
26, 2000. A true copy of said Order is attached hereto, marked
Exhibit "A". 70, 06 r4A
L??2671
5. The aforesaid Order of Court provided, among other
things, that the parties would share legal custody of JASON and
that Petitioner herein would have primary physical custody of
JASON, subject to Respondent's rights of temporary physical
custody as the parties may agree.
6. Since the entry of the aforesaid Order of Court,
(Respondent has had limited contact with the child, including
sporadic visitations and little other contact.
7. Respondent's last physical contact with JASON occurred
during August, 2009, when Respondent had an overnight
visitation with JASON at the home of Respondent's parents in
the City of Harrisburg, Dauphin County, Pennsylvania.
8. Since the August, 2009, visitation, Respondent has had
no further visitations with JASON in person or by telephone,
nor has he had any contact with JASON by United States Mail,
Internet E-mail or otherwise, nor has he acknowledged JASON on
JASON's birthday or at Christmas or on any other holidays.
9. As the result of his lack of contact with JASON,
Respondent is not knowledgeable about JASON's academic
progress, nor about JASON's interests and activities, nor about
any other matters that would be of interest to a legal
custodian.
10. JASON is a member of Boy Scout Troop #195 in
LAW OFFICES
MARLIN R. McCALEB
Mechanicsburg, which Boy Scout Troop plans a camping trip to
Canada from July 15 through July 24, 2011.
-2-
11. Petitioner believes and therefore avers that in order
for JASON to be able to make said trip, he needs to have the
written consent of all legal custodians, as well as their
written consent to the issuance of a passport to him for
identification purposes.
12. Petitioner has requested that Respondent execute the
Iconsent forms attached hereto and made a part hereof, marked
(Exhibit "B" and Exhibit "C", respectively.
13. Petitioner provided said consent forms to Respondent,
through Respondent's mother, Sigrum Lingle, in November, 2010,
and Respondent's mother informed Petitioner that she had
relayed said forms to Respondent.
14. To date, Respondent has failed and refused to execute
said consent forms, thereby jeopardizing JASON's camping trip
to Canada with Boy Scout Troop #195.
15. Because Respondent has failed to execute said consent
or to otherwise respond to Petitioner's requests and because
Respondent has had no physical or other contact with JASON
since August, 2009, Petitioner believes and therefore avers
that it is not feasible to continue shared legal custody and
that it is in the best interests of JASON to modify the current
custody and visitation order to provide that Petitioner has
sole legal custody of JASON.
WHEREFORE, Petitioner requests your Honorable Court to
LAW OFFICES II
MARLIN R. McCALEB
modify the existing Order for Custody and Visitation to provide
-3-
that she has sole legal custody of JASON TYLER LINGLE.
Respectfully submitted,
Y
Marlin R. McCaleb
Attorney I.D. No. 06353
219 East Main Street
P.O. Box 230
Mechanicsburg, PA 17055
(717) 691-7770
FAX: (717) 691-7772
Attorney for Petitioner
I verify that the statements made in this Petition are true
and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S., Section 4904,
relating to unsworn falsification.
Date: March 28, 2011
M rcie L. McCar el
LAW OFFICES
MARLIN R. McCALEB
-4-
JAN-14-2011 FRI 02:16 PM MTBANK
FAX:7177959113
MARCIE L_ LI?GLE, : IN THE COURT OF COMMON PLEAS OF
P sintifF CUU BERLAND COUNTY, PENNSYLVANIA
V, No. 2008-
ROBERT G. L GI.E, : CTC. ACTION -LAW
IlDefendant : IN CUSTODY
CUSTODY STWULATXON AND AGREEMENT
TMS REENENT AND STIp' a ATION catered unto on the day and year
her+einaftcr set f dX* by and between MARCIE L. LINGLE, hereinafter Maned to as `Mother"
and ROBERT . 4XMGY E, hereinafter refereed to as "Fanner".
Matter cm=* resides at 6 Lynn Avenue, Newburg, Cimaberjand County,
Pennsylvania I
Father currently resides at 6Q4 Providence Drive, Smyma, Delaware 19977;
the parties are the natural Pets of Jason Tyler Lingle, born Auger 19,
1999; and
the parties wish to enter into an agreement relative to custody and Partial
custody of the ch
P. 002
1
Exhibit 'A'
JAN=14-2011 FRI 02:16 PM MTBANK
NOW
agreements as
FAX:7177959113
?RE, in consideration of the mutual covenants, promises, and
set forth, the parties agree as follows:
l . The Mother and Father shall have shared legal custody of the child
2. (other shall maintain primary physical custody of the child with periods of
temporary physi custody belonging to the Father at arty such times as mutually agreed upon
by the parties.
• Mother and Father shall enjoy two consecutive weeks of custody of the child
during the summer, so long as reasonable, 'or notice is provided to the
? PTt other party.
4. patties shall have alternating physical custody of the child during the holidays
as mutually afire d upon-
5. F r er shall enjoy custody of the child on Father's Day, and Mother shall enjoy
custody of the child on Mother's Day.
6.
child.
of the child shall be provided by the party obtaining custody of the
P. 003
2
Exhibit 79
JAN-•14-2011 FRI 02:16 PM MTBANK
P
7,
illness or medical
that the health a
emergency, both
consistent with the
FAX:7177959113 P,004
Parties will keep each other advised immediately in' the event of serious
emergency concerning the child, and shall take any necessary steps to ensure
td well-being of the child is protected. During such illness or 'medical
arties shall have the right to visit the child as often as he or she desires
proper medical care of the child.
8. parties shall not do anything that may estrange the child from the other party,
or injure the opinion of the child as to the other party, or hamper the free and natural
development of thiF child's love and affection for the other i party.
4. The
of the child so Ion
the terms of this S
However, if the pa
shall control.
10
effective only if
and Agreement.
1€,
Court of the
parties may make such alternate arrangements regarding the physical custody
as they may mutually agree. The parties anticipate regularly varying from
•pulation in order to accommodate the schedules of each other and the child.
'es cannot reach a mutual agreement, the terms of this Stipulation and Order
' modification or waiver of any of the provisions of this Agreement shall be
de in writing and only if executed with the same formality as this Stipulation
parties desire that this Stipulation and Agreement be made an Order of the
of Common Pleas of Cumberland County, and f4rther acknowledge that the
3
Whibit "A"
• JAN-14-2011 FRI 02;16 PM MTBANK
FAX;7177959113 P.005
Court of Comm Pleas of Cumberland County does, in fact, have jurisdiction over the issue of
custody of the pal ies' minor child and shall retain such jurisdiction should circumstances change
and either party desires or requires modification of said Order.
12. Ti}e parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not
the result of duress or undue infl uence.
IN WITLESS WHEREOF, the parties hereto intending to be legally bound by the terms
hereo forth t eir signatures the day and year herein mentioned.
?. .? .?
Thomas S. ieh Esquire DA'L'E ? lE L. LINGLE., Mo r-
0 9 1 0 ?. tag- -Q?? ?y. V,, c
DAT ROBERT G- LINGLE, Father
ORDER OF COURT
AND NOW, this day of , 2000, upon presentation and
consideration o the above Custody Stipulation and Agreement it is hereby ordered and directed
that it be entere4 as an Order of Court.
TRUE COPY FRO k9C01tD
In Testimony wharbof, I h•.r unto set my hand
and t saga) of sa. Court a arlis , Pa.
r .....21 day .,
BY THE C T,
_ J.
4
Exhibit 'A'
JAN-14-2011 FRI 02:17 PM MTBANK
COMMONWEALTH OF PENNSY'LVANLk
COUNTY OF dUI ERLAND SS
FAX:7177959113 P-006
On this I_??s' o 2000, before me, the undersigned officer,
personally aP MAR ? L. LINGLE (mown to me (or satisfactorily proven) to be the
person whose a is subscrn`bed to the within Agmement and acknowledge that she executed
the same for th purposes therein contained
IN "OF, I hereunto set my hand and official seal
PUN*
COUNTY OF
On this
personally app
person whose i
same for the pt
IN WIT
TH OF PENNSYLVANIA
SS
_ day of S'?wf•s. ?? , 2000, before me, the undersigned officer,
ROBERT G. LINGLE known to me (or satisfactorily proven) to be the
is subscribed to the within Agreement and acknowledge that he executed the
!s therein contained.
5 WHEREOF, I hereunto set my hand and official seal
Notary Public
ROW F. . OanW S"
?'• NOTjfY PU4ftC
My u
Mornwr, Pm
! f0 Asaoelation of Nofarle!
5
Exhibit 'A'
CONSENT FOR MINOR CHILDREN TO TRAVEL
Date:
I, Robert G. Lingle, authorize my minor child, Jason Tyler Lingle,
to travel to: Canada on a camping trip with Boy Scout Troop 195 from Mechanicsburg,
PA.
The leader in charge of this group is David Bartlett. Their expected
travel dates are from July 15-24, 2011.
In addition, I (we) authorize: David Bartlett or any other parent of authority with the boy
scout troop to consent
to any necessary routine or emergency medical treatment during the aforementioned trip.
Signed:
(Parent)
Address:
Telephone:
Sworn to and signed before me, a Notary Public,
this _ day of
,20
Notary Public Signature and Seal
Exhibit "B"
U.S. Department of State OMB APPROVAL NO: 1405-0129
STATEMENT OF CONSENT OR SPECIAL CIRCUMSTANCES: ESTIM TIEED BUDATE: 12-3-2010
RDEN: 601Minues
ISSUANCE OF A PASSPORT TO A MINOR UNDER AGE 16
WARNING: False statements made knowingly and willfully on passport applications, including affidavits or other
supporting documents submitted therewith, may be punishable by fine and/or imprisonment under the provisions
of 18 U.S.C. 1001, 18 U.S.C. 1542, and/or 18 U.S.C. 1621.
FORM INSTRUCTIONS
1. Complete items 1, 2, and 3.
2. Complete item 4a, Statement of Consent, only if you are a non-applying parent or guardian consenting to the issuance of a
passport for your minor child. NOTE: Your signature must be witnessed and notarized in item 4b.
3. Complete item 5, Statement of Special Circumstances, only if you are an applying parent or guardian and the written
consent of the non-applying parent or guardian cannot be obtained.
1 MINOR'S NAME
Last 61irst
n 'e- Jas on Middle T /e /
2. MINOR'S DATE OF BIRTH (mm/dd/yyyy) 3. YOUR RELATIONSHIP TO MINOR
UU i 1998 {far
4a. STATEMENT OF CONSENT To be completed by the non-applying parent or guardian when he orrshe will
not be present at the time the applying parent or guardian submits the minor's application.
' / )D fT C - L y AIL t _ , give my consent to the issuance of a United States passport to my minor child
Print Your Name
named on this application.
OATH: I declare under penalty of perjury that all statements made in this supporting document are true and correct.
Signature of Parent or Guardian
4b. STATEMENT OF CONSENT NOTARIZATION
Name of Notary
Print Name
Location
City, State
Commission Expires
Signature of Notary
Date (MM/dd/yyyy(
Date (mm/dd/yyyy)
NOTARY
SEAL
Date of Identification Presented 1:1 Driver's License El Passport[] Military Identification
Notarization by Non-Applying Parent or El Other (specify,)
Date (mm/dd/yyyy( Guardian: Place of Issue Issue Date
II) Number
5. STATEMENT OF SPECIAL CIRCUMSTANCES To be completed by applying parent or guardian when
the written consent of the non-applying parent or guardian cannot be obtained. (use back of form if additional space is needed.).
OATH: I declare under penalty of perjury that all statements made in this supporting document are true and correct.
I.__ Signature of Parent.or Guardian Date (mm/dd/
DS-3053 _ yyyy)
02-2008
Page 1 of 2
)C' Zblblt 'Co
MARCIE L. LINGLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. c
2000-6478 CIVIL ACTION LAWS
XM "Q rn?
ROBERT G. LINGLE 2
IN CUSTODY ?? rn
DEFENDANT
=9
C') rzt
ORDER OF COURT - '
AND NOW, _ Wednesday, Ap ril 06, 2011 upon consideration of the attached Co mpla int,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 11, 2011 _ at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john j. Mandan, jr., 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.
y C; -- // C?V e
Cumberland County Bar Association
h 32 South Bedford Street
?!<<`jCarlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARCIE L. LINGLE,
Plaintiff
VS.
ROBERT G. LINGLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 6478 CIV? --{
CIVIL ACTION - LAW rnm e
IN CUSTODY w>
AFFIDAVIT OF RETURN OF SERVICE
Louise Layton
law, deposes and says:
1. I am a competent adult,
> S? - .1-1
-being duly sworn according-"to
50 years of age, and I am
employed by DM Professional Services, Inc., 5 Orchard Lane,
Wilmington, DE 19809.
2. I am not a party to the above action, nor am I related
to or an employee of a party to the above action.
3. On 4/28/ , 2011, at 5:39
o'clock,
P M., I served a true and attested copy of the within
Petition to Modify Custody and Visitation Order and Order of
Court dated April 6, 2011, upon Robert G. Lingle, the
Defendant/Respondent herein, by handing the same to him.
4. Service occurred at
458 Phoenix Dr
Dover, DE 19901
(Signat re)
LAW OFFICES
MARLIN R. McCALEB
Sworn to and subscribed
before me this 29 day
of April 2011.
Not
:11 EXPIRES Z
MARCH 14, 2015
P TARY Pi35k-
OF If HDE P? ``\
MARCIE L. LINGLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
c q
V.
rn Ca _
;z rn 2000-6478 CIVIL ACTION LAW r-
r-
ROBERT G. LINGLE k>
r-= rn o?
--•fo
IN CUSTODY < =-n
DEFENDANT
W
T"D
ORDER OF COURT f
AND NOW, Wednesday, Ap ril 06, 2011 , upon consideration of the attached Complai nt,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on - Wednesday, May 11, 2011 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john f Man an, fr., 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
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the steal o said Co rt at Carlisle, Pa
This . i day of r' I 20
_(?J ' rothonotary