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HomeMy WebLinkAbout04-6022 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA . NO. 0'1 - fr,N~ Ciu; l~8L"I Civil Action - Law MELISSA A. ECHARD KELLER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.04-L-6~ CiULl<-r8L~ MELISSA A. ECHARD KELLER, Defendant Civil Action - Law COMPLAINT 1. Plaintiff is Teresa A. Englehart, an individual residing at 3116 Bramar Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Melissa A. Echard Keller, an individual residing at 2631 Lombardy Court, Columbus, Indiana 47203. 3. Plaintiff is the natural mother of Defendant and Plaintiff has had legal custody of the Defendant's minor child, Analeigh (Plaintiff s granddaughter) since October, 1999. This custody was initially confIrmed by the Court pursuant to an Order dated March 24,2000 as fIled to Juvenile Docket No. 15 of 1998 and continued with the most recent custody award being confirmed on January 10,2003 to Docket No. 01-3529, as filed in the Court of Common Pleas of Cumberland County Pennsylvania. 4. Plaintiff had filed for child support in the interest of Analeigh, against Defendant on or about August 8, 2000 and that obligation is ongoing. 5. On or around July 2,2003, Defendant contacted the office of Plaintiffs counsel and indicated that she desired to terminate her parental rights to Analeigh, indicating that she lacked the ability to care for the child, Analeigh. 6. Defendant indicated that she wanted to finish school, was again pregnant and had another young son. 7. Plaintiff was skeptical about Defendant's request in light of her past course of conduct which included prolonged custody hearings, incurring additional costs for psychological evaluations, and her past untruthful and unreliable promises. 8. Plaintiff told Defendant that she would only initiate the adoption process if Defendant sought and retained counsel, if Plaintiff received verification that Defendant was sure about her decision, and that she met with counsel and completed the actual consent to the adoption. 9. In compliance with these conditions, Defendant then sought representation through the Dickinson Law School Clinic and provided a signed consent for the adoption. 2 10. At Defendant's further request, Plaintiff and Defendant entered into a Support Stipulation which tolled the current assessment of her child support obligation, gave the Defendant a hiatus in meeting this legal obligation and gave her a right to make reduced payments on arrears. A copy of the Agreement is attached hereto as Exhibit "A". 11. Defendant had signed the Consent to the adoption of her daughter, Analeigh originally on January 15,2004 but same was noted by Plaintiff to include a falsification of witnesses by Defendant. 12. Defendant then re-executed the consent with her counsel on January 27,2004. 13. Based solely on the representation that Defendant would cooperate and proceed to conclude the adoption, Plaintiff commenced the adoption action on or around March 15, 2004, in the Cumberland County Orphan's Court, Action No. 126 Adoptions 2004. 14. Plaintiff then undertook the task of finding and serving the natural father, David Hetes, so that his rights could also be terminated. 3 15. The parental rights of the natural father were involuntarily terminated by the Court after hearing on August 18,2004. 16. The final adoption hearing was scheduled for September 9,2004. 17. On the morning of September 9,2004, Defendant's counsel contacted Plaintiffs counsel advised that Defendant was withdrawing her consent. 18. The adoption hearing was postponed due to Defendant's withdraw of her consent and not finalized. 19. Plaintiff was then forced to file a Petition for Involuntary Termination of Defendant's Parental Rights on September 21,2004. 20. As a result of Defendant's failure to proceed as agreed upon to conclude the adoption, Plaintiff has incurred significant counsel fees, publication costs and expenses. 21. These costs and expenses are continuing but, as of November 18, 2004 were FIVE THOUSAND EIGHT HUNDRED SEVETY DOLLARS AND 10/100 ($5,870.10). The total costs of these proceedings will be amended to include costs since this matter is continuing and will be presented as of the date of trial. 4 22. Additionally, as a result of and reliance on Defendant's requested adoption, Plaintiff suspended the charging of the Support Order, which Support Order had been previously assessed against the Defendant at the sum of THREE HUNDRED FORTY-FIVE DOLLARS ($345.00) per month. 23. Plaintiff is due reimbursement of all back support from November, 2003 through to the present. COUNT I BREACH OF CONTRACT 24. Paragraphs 1 through 23 are incorporated herein by reference. 25. Plaintiff and Defendant had entered into an Agreement that, Plaintiff would legally adopt Analeigh and incur all of the expenses to effectuate the adoption with Defendant's cooperation and voluntary consent. 26. As a term of the Agreement, Defendant's support obligation would be intermittently suspended and terminated once the adoption was final. 5 27. Plaintiff had completed all steps of the involuntary termination proceeding of the natural father, David Hetes, as well as the adoption process and has incurred significant costs, including attorney's fees. 28. Defendant breached the parties' agreement by withdrawing her consent of the adoption of her daughter, Analeigh M. Englehart, at the last minutes prior to the conclusion of the adoption. 29. Plaintiff has incurred additional legal fees and costs to attempt to terminate Defendant's parental rights which would not have been necessary had the Defendant not withdrawn her voluntary consent, which consent was the sole reason that Plaintiff commenced the proceeding. 30. Plaintiff is due child support from November 23, 2003 for the child in light of Defendant's breach of the agreement. This sum will be quantified after the conclusion of the Support Appeal proceedings but should at a minimum be THREE HUNDRED FORTY-FIVE DOLLARS ($345.00) per month, which represented the prior ordered support. 31. Defendant's breach of contract was intentional, willful and outrageous in light of her actions as they relate to her child and the Plaintiff and punitive damages should be awarded to the Plaintiff. 6 WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant as follows: a) The sum of FIVE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS and 10/100 ($5,870.10) incurred as of November 18, 2004 as a result of the initiation of the adoption proceeding. b) Additional costs incurred after November 18, 2004, including but not limited to expert witness costs incurred in preparation for the involuntary termination hearing of Defendant's rights, legal fees and costs incurred in preparation and trying of that matter, as well as additional legal costs and fees incurred in the conclusion of the adoption process, if allowed by the court. c) All support which would be due to the Plaintiff from November 23,2003 to the present, including all legal costs and attorney's fees incurred in securing said sums. d) Punitive damages as the court determines appropriate. Dated: December 1,2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. 32317 Attorney for Plaintiff 7 EXHIBIT "A" J .. TERESA ENGLEHART, Plaintiff : IN THE COURT OF COM:MON PLEAS : Cillv1BERLAND COUNTY, PENNSYL V ANI!. v, : CIVIL ACTION - LAW : IN SUPPORT : No. 00710 S 2000 : PACSES Case Number: 435102543 MELISSA A. ECHARD, Defendant, ORDER ADOPTING.lNTERIM SUPPORT AGREEMENT AND NOW, to wit, this Lb~y of ~ ' 2004, upon consideration of w the foregoing Interim Support Agreement, it is hereby ordered, adjudged and decreed that the ~ terms, conditions and provisions of the foregoing Interim Support Agreement dated March 4, 2004 are adopted as an Order of Court. BY THE COURT, / I L./ /1- vV 1 J. ..... :"'.:) ',-< ;it ~ _"1..":.-.., :::;;, - c'., I\:) J(. ..t:::- C ;,; .::::0 .....::: ~ .-z::.: '"\ /-,'" .. , - I, " TERESA ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ;'.NIA v. : CIVIL ACTION : IN SUPPORT MELISSA A. ECHARD, Defendant : NO. 00710 S 2000 CIVIL TERM : P ACSES Case Number 435102543 INTERIM SUPPORT AGREEMENT THE FOLLOWING AGREEMENT, made this -E-L day of 04"c.A.--, 2004, between Plaintiff Teresa Englehart and Defendant Melissa A. Echard, concerns an agreement regarding support for Analeigh Englehart, born January 16, 1998. The parties agree to the following: 1) Arrears are to remain suspended and are confirmed at $3,465.53, the amount set by the Domestic Relations Office in a November 25, 2003 Support Order. Defendant Melissa A. Echard is required to pay the sum of$35.00 per month commencing on the date Ms. Echard obtains employment or 90 (ninety) days after the date of this signed agreement, whichever occurs first. 2) Ms. Echard agrees to be bound by all normal enforcement measures of the Domestic Reiations Office. 3) This Agreement is contingent on the successful conclusion of the termination of ,:::J parental rights of Melissa A. Echard and the adoption of the child by T~tesa ~ '. ~ Englehart. Pending the completion of the adoption process, the appeal~ndin~ shall be generally continued. In the event that the termination ofMs.'E~hard{\,) '. :";,-";: (5 rights are not concluded, this matter shall be relisted for hearing b~f~re the ~cial r::;S -c::: support master and all defenses, claims and rights of both parties shall be retained ,~ r (~ !: I rdroactive to the date of filing ofthe petition fce modification underlying the November 25,2003 Support Order. Once the termiY':ltion of parental rights and adoption are cOfllpleted, the appeal shall be withdrawn and the support action terminated but fOf collection of arrearages in confofmity with the terms and " ' PZOViS' ~npf this ~greement. ',------/ . /" /' / . / ,/ / '" 'f /';:::" A bxfLJ?:J/ rTeresa Englehart, PI~f 3//; /Q i) / ,. . C. ~ ~ 1/ ~' " , ~/ , 1 '.'1 .!'.." J. A,,(jAJ/(..::-{ ,-r) &kA_h Me issa A. Echard, Defendant {j i1 ;/((] rrlz_. [1 L.I Date ~~/4tjt1 ~nhiferfIi. Halthty . f) /} CeJtif1e~ ~~gal Ipfern 1/ /j YII,U l,;tb~ jJ)~- ~J THOMAsttvI. PLACE <-6 ROBERTE. RAINS ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Counsel for Melissa A. Echard Date / .' ,rWl --,. ,..~ .......~ Barbara umple-Sullivan, Esq. 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 Counsel fOf Teresa Englehart 3-;2-3/7 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W MELISSA A. ECHARD KELLER, Defendant VERIFICATION I, Teresa A. Englehart, hereby certify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /010j0( ~tll'e~ /FltRESA A. ENG~RT ^=J~ t1 ~ ~ -..() 0' ~ .~ ~ 6 &~ $ n: >' ,-; t ' k, (') (~ ) c.: "-> (""'.':',':) r'"'~., ,.t:;- C) I'r; '-') I C' ._) .1 :::;.:!Q f:l. :TI r'- -CJ['n :-,:11r') , I ('^ C::jU -) i~; ~~ ~'Ef ::> () (.') :"1'1 :;~ :l.J -< -u :l: - .. r',) CC SHERIFF'S RETURN - REGULAR CASE NO: 2004-06022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENGLEHART TERESA A VS KELLER MELISSA A ECHARD RICHARD HOWELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLER MELISSA A ECHARD the DEFENDANT at 1210:00 HOURS, on the 2nd day of December, 2004 at COURTROOM 4 CUMBERLAND CO COURTHOUSE CARLISLE, PA 17013 by handing to MEILSSA A KELLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: ~ "'.:./ -,,/'::;" rJ p' . .'7 h'" "..;:rff..,;;,-,;,.,-;p;,:;:,.":',,,:.' ..r'" k.:A..-'/"'~--R' tY'"......~.. '*1 .,.--. R. Thomas Kline Sworn and Subscribed to before 12/02/2004 BARBARA SUMPL~L~.VAN By, N U / Deputy Sheriff me this 't'e. day of ~ :}IJ(..).!/ A.D. Y~;ot[ino~~ ,~. l Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland. PA 17070 (7\7) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law PRAECIPE TO LIST CASE FOR NON-JURY TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the above-captioned matter: for JURY Trial at the next term of civil court. -.X for Trial WITHOUT A JURY. X Civil Action-Law _ Appeal from arbitration Other The trial list will be called on and Trials commence on Pre-Trials will be held on DATE: August 15,2005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant : Civil Action - Law CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE FOR LISTING CASE FOR TRIAL, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Melissa A. Echard Keller 702 Rogers Lake Road, Ap Kannapolis, NC 28Q Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court 1.0. No. 32317 Attorney for Plaintiff DATED: August 15, 2005 (j~ ~., \~~. ?~; ~ .~~ ~.':' (-- / -~ - 0' -0 ~ - r:'! o o q" :t-rJ rn~,\ -0'1, ~i.) -~') l..::,_" ::.\~ ~"l< '(-::"B :;2:':.'(11 (2t ~ :0.<. C2 c, -6:;\\ ~ ~ 'ii' ~ '8 '7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-] 445 TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS YL VANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law PRAECIPE TO ENTER DEF AUL T JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment in favor of the Plaintiff and against the Defendant above named for want of Answer as required. The Complaint was initially filed on December I, 2004. A Ten (10) day Notice to Enter Judgment was given to the Defendant on December 21, 2004. (Attached as Exhibit "A") No Answer had been filed. A second Ten (10) day Notice to Enter Judgment was given to the Defendant on May 5, 2005. (Attached as Exhibit "B") This was returned because Defendant had moved to another address. A third Ten (10) day Notice to Enter Judgment was given to the Defendant on June 29, 2005 at her new address. (Attached as Exhibit "C") No Answer has been filed. Certain ascertainable damages were set forth in Plaintiffs Complaint. These damages were $5,870.10. However, additional damages to be quantified were also in Plaintiffs Complaint and were incurred after November 18,2004. These damages must \/' be set after trial. Simultaneously with this Praecipe is being filed a Praecipe to List Case for a Non-Jury Trial to set these additional damages. Dated: August 15, 2005 B rbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Attorney for Plaintiff 2 '>. "4 ... '^'>-~',"C'-'-"'-""--", '-~"-'l_.'-:_~~~_::- _'.~:~:~~::='_'_~::~-.._ . LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070~1931 PHONE (717) 714-1445 FAX (717} 774-7059 December 21,2004 Ms. Melissa A Echard Keller 2631 Lombardy Court Columbus, Indiana 47203 Re: Teresa A. Englehart v. Melissa A. Echard Keller No. 04-6022/ Cumberland County Dear Ms. Keller: Enclosed constituting service on you is the Notice dated December 21,2004. Please review this matter with your cOWlsel. ,/ ......... V e~Y'b;u1~ /' ;' / /. IL Barbara Sumple-Sullivan BSS/ld Enclosure cc: Ms. Teresa A Englehan ! uS POSTAL SERVICE CERTIFICATE OF MAILING MA~ ~E USED FOR DOMESTIC AND INTERNATIONAl MAIL, DOES NOT I ~ ~ I PROVIDE FOR INSURANCE-POSTMASTeR ~ ~ Received From" . !ltS-l G.Ul}vf ~ Barbara Sumple-SulhvaJ};~ )ll;/IT~i ~ 549 Bridge Street C! ;'ff'J \'Z ffi '" <:> co m ,., . :D,., i if> 3 -- "'tI- N" " !2_o --.> ~. ~~c~ o " .., ... i"i" . 1ri -.> " PS Form 3817, January 2001 ","c;",".".' ,..""","",.,.~.'_, _....~ ,..... ''':'''',~,,,,,'~'.-.''''''_''..,,,~,'-'''=:''';"~-_''''''', -.be'.'" _.."'.='''_'-''-''''.'''''''':""-'"'"'''-'''x-:-'''''',:_''''''''..,."....~...,...,,,''-'''''......'....-''''''''''-"'"'''. '~~'__"_ .=--.c_.~..,::"':...:"....'''''''_'''"'''''..,'''=,,;._=~....... :__~. .-..,,~. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774~1445 TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant : Civil Action - Law NOTICE TO: Ms. Melissa A. Echard Keller 2631 Lombardy Court Columbus, Indiana 47203 DATE OF NOTICE: December 21,2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN lHE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OlHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TOA LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOC 2 LIDERTY A VENUE /" CARLISLE, PENNSYL V ANlK170 TELEPHONE NUMBER: ('Z--r7:) 24 )' ~~ Swnpl~Sulliv", &".." Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 ''"\ , LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 1707Q.1931 PHONE (717) 774-1445 FAX (717) 7'4-7059 May 5, 2005 Ms. Melissa A. Echard Keller 2631 Lombardy Court Columbus, Indiana 47203 Re: Teresa A. Englehart v. Melissa A. Echard Keller No. 04-6022 / Cumberland County Dear Ms. Keller: Enclosed constituting service on you is the Notice dated May 5,2005, Please review this matter with your counsel. // / .../' Very trl}ly / /' I B~b= S"mpl,-S"llivm BSS/ab Enclosure cc: Ms. Teresa A Engleh,"~ , CJ:R71fICA 110 Of ""AILING u s POSTAL SERVICE. NAl.- MAil, DoES NOT . . MEST1C AND INTERNAT10 :f. MAY 'BE uSEO FOR ~CE::._p05TMAS'TER w ~ M PROVIDE FOR INSU ul\:van Esquire'", ~ ~ 'S OJ, R","","'From Barbara sumple-S ' , /,( '1~IOW el~ui~ e:n~ 549 Bridge Street /~"190e>: c::~ ~'g New cumberland, P A -, r ~ 0 "ressoato: ',rdinarylT\8na ~ r-.. one ~ece 0 1l"....LJ , mt:OU::s5A ' 4 ~D'-I 6, ~~61 L.D . 4'l~a3 lY\..8US \~\l'-1\\lI< ll,' I . "- ,.,.J. =0 0 I\~~ ea ~2 o o o o f'I12001 PS fOTTTl 3817, Jcmua Barbara Sumple-SulJivan, Esquire Supreme Court #323\7 549 Bridge Street New Cumberland, P A ] 7070 (7]7) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant : Civil Action - Law NOTICE TO: Ms. Melissa A. Echard Keller 2631 Lombardy Court Columbus, Indiana 47203 DATE OF NOTICE: May 5, 2005 IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (l0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCI 2 LIBERTY AVENUE // CARLISLE, PENNSYL V AN~17 3 TELEPHONE NUMBER: (1) -3 Ii Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court 1.D. No. 32317 tY I ) ! I LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 29, 2005 Ms. Melissa A. Echard Keller 702 Rogers Lake Road, Apt. A Kannapolis, NC 28081 Re: Teresa A. Englehart v. Melissa A. Echard Keller No. 04-6022 I Cumberland County Dear Ms. Keller: Enclosed constituting service on you is the Notice dated June 30, 2005. Please review this matter with your counsel. or'''''--- / / .' ./- ;1;" , , I Barbara Sumple-Sullivan BSS/lh Enclosure u.s. POSTAL SERVICE CERTIFICATE OF MAILING cc: Ms. Teresa A. Englehart (v MAY Be USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Received From; One piece of ordInary mall addressed to: t'\~ . '(\'\~iSSc.. .? C(' r~ keW flJd- ~"Ie.("$1 D--kR I M~ ~a.l\"k fb1)-$ I nc. Q~D~) C ~i:R- ~c:::J C' Dlc..c bc:::J ... PS Form 3817. Janua<y 2001 ~<I ~~ .t <:> . ~ . .... . ~ "'1 In :r '- <:: <:: n . :t>Z c: :3' __3: . ON...JOJ:;tl ctoC)m.....-o z. ...l:JJOO -I <~r VI c " -< '" '" '" c '" . In " " Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law NOTICE TO: Ms. Melissa A. Echard Keller 702 Rogers Lake Road, Apt. A Kannapolis, NC 28081 DATE OF NOTICE: June 29, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERlY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOC 2 LIDERTY A VENUE CARLISLE, PENNSYL V ANI&'l73 /I TELEPHONE NUMBER: (7J1).-3. li6' / ./ 1...= S"mpl~Slliliv... E"1";" { ~ttorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLlV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE FOR DEFAULT JUDGMENT, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: August 15,2005 B bam Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-193] (717) 774-1445 Supreme Court 1.0. No. 32317 Attorney for Plaintiff t I::J r.:, -lc. 7' :-0 ~ tL I:\- 0 Cl ~> (/ (;:::1' 0 c.:;) -11 f rJ"' -- ~ -u .' ". jl..." .c::-. ~ - C") r.1p: ~ P- -nrn ~ ~ . , :;;'Y V( C1' (::-~C, r ~ ..,., ~\;,-n ()~}J ~ ~ -' .-,.",,") ~ 19 i':j\"n t- ., ~~ ----... 0 ~~ ~ 0 TERESA A. ENGLEHART V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. ECHARD KELLER NO. 2004-6022 CIVIL ORDER OF COURT AND NOW, this 30TH day of AUGUST, 2005, a pretrial conference in the above-captioned matter is SCHEDULED for TUESDAY, SEPTEMBER 13, 2005, at 9:00 a.m. in Chambers of the undersigned jUdge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. B Barbara Sumple-Sullivan, EsqUire Edward E. Guido, J. Melissa A. Echard Keller 702 Rogers Lake Road, Apt. A Kannapolis, N. C. 28081 .~/frULc'M Fit-Or! COURT ADMINISTRATOR 9- ., -...."'"' ;.":\,-..) At.\",~f'"n"" zs :0\ vW \ S gfW ~OOZ i\d'ilC>iOH.iO'dd 3\il :10 3:J\:HO-CEll\:I TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. ECHARD KELLER, Defendant CIVIL ACTION - LAW NO. 04-6022 CIVL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Tuesday, September 13, 2005, before the Honorable Edward E. Guido. Present for the Plaintiff was Barbara Sumple-Sullivan, Esquire, and the Defendant did not appear. This is a breach of contract action arising from a failed adoption. Plaintiff has already obtained a default judgment for the costs incurred up to the time that Defendant withdrew her consent to adoption. A hearing has been requested to determine damages incurred as a result of legal services rendered in connection with the attempt to involuntarily terminate mother's rights. Counsel has been asked to submit a pretrial brief providing authority for her theory that these expenses are recoverable. A bench trial in this matter is scheduled before the undersigned on October ~ ~,p o :30 a.m. Edward E. Guido, J. \iif\_j\;ii\"jA~]i\i r-!'3d j il"tr,r~,. ;. ,.." '-'~"'l''''~',,\ ^-i.. \h iLl,. >~ ';:".': ~-:'.",;! \'J 18 : I t'ld 02 d3S SOUZ AH\;fl0NOH.LOlld 3H1 ::10 :!8l:HD-0311:l - Barbara Sumple-Sullivan, Esquire For the Plaintiff Melissa A. Echard Keller 702 Rogers Lake Road Apartment A Kannapolis, NC 28081 :lfh Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A, ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law MOTION FOR CONTINUANCE OF A HEARING AND NOW this 1st day of November, 2005, comes Barbara Sumple-Sullivan, Esquire, on behalf of Plaintiff, and files this Motion for Continuance of a Hearing for the following reasons: I, This civil action was filed by Plaintiff to recover losses and costs which she incurred as a result of Defendant's breach of an agreement to conclude an adoption proceeding she initiated, 2, A Default Judgment was entered on August 16,2005, in the amount of Five Thousand Eight Hundred Seventy Dollars and lOll 00 ($5,870.10) as set forth in Plaintiffs Complaint. However, hearing on the assessment of certain other previous unliquidated damages remain outstanding, specifically damages that relate to legal costs and child support due by Defendant and by the father of the child, 3. A Pre-Trial Conference was held on September 13,2005, to address the quantification of the damages as a result of the Default Judgment. 4. Defendant did not attend the Pre-Trial Conference held on September 13, 2005. Defendant has also failed to file a Pre-Trial Memorandum as required by the Order of Court dated August 30. 2005, which is a disadvantage to Plaintiff because she has no knowledge of Defendant's defenses. 5. A support conference was held at Domestic Relations on October 27,2005, which Defendant did not attend, but testitied by phone, without the prior consent of Plaintitf. 6. Since Defendant did not appear in person at the support conference and could not provide certain documents, she is now required to secure the documents and provide them to the support conference officer, which is delaying resolution of the child support matter. 7. Given that the Default Judgment damages are based on the outcome ofthe support matter, Plaintiff is requesting the Default Judgment Hearing previously scheduled for October 28, 2005, be continued until after January 1,2006, in order to allow for resolution of the support matter as it relates to Defendant. 8. Plaintiff is also requesting that Defendant's previously granted permission to testifY by phone, without the consent of Plaintiff, be revoked and Defendant appear in person at the Default Judgment Hearing. 9. Finally. Plaintiff is requesting that Defendant be ordered to file a Pre-Trial Memorandum prior to the Default Judgment Hearing. WHEREFORE. Plaintiff requests this Honorable Court continue the Default Judgment Hearing until after January 1,2006, require Defendant's physical attendance at the Default Judgment Hearing and require Defendant to file a Pre-Trial Memorandum prior to the Default Judgment Hearing. Dated: November 1, 2005 /~// / // // / (~"b'" Smnpk-'u"'"n, "'qui" . Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Attorney for Plaintiff Barbara Sumple-Sullivan. Esquire Supreme Court #323 \ 7 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A, ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law CERTIFICATE OF SERVICE l, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing MOTION FOR CONTINUANCE OF A HEARING, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: November I, 2005 Ms. Melissa A. Echard Keller 702 Rogers Lake Road, Apt. A - ) Kannapolis, NC 28081 ;" / .'L-~ [ ~arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PAl 7070-193 I (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff ....' ~ GJ' -;r. ~ I o (.: ~ -"0(':' f\1\,\'1 ~/> {;o,," ei"{' ~~~~~~ ~ .4 - q, ..... ::r;~ 0"-- M J,y C)t:. '~t,-5~-\ <-::;t~ ('stf\ ~~.~ .J~ :4 -0 ~ - c- C- - --- ~ 1) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. P A 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff RECEIVED NOV 0 1 Z005 BY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER. Defendant Civil Action - Law AND NOW, this d"A ORDER dayof ~~ , 2005, upon consideration of Plaintiffs Motion for Continuance of a Hearing: I) The Default Judgment Hearing is resche~led for ::r".~ l r cr 2006 at f.IU a.m.-p.m. in Courtroom ~ of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Cumberland County, Pennsylvania; 2) Defendant shall physically be in attendance at the above scheduled Default Judgment Hearing; and 3) Defendant shall file her Pre-Trial Memorandum as previously required by the Order of Court dated August 30, 2005, within JCL days of the above scheduled Default Judgment Hearing. (p 2) ,tJ \\ J. Edward E. Guido \j :i\'//\- lAS'I\] f'~ ~?d 'I" ",~,r'r ,', ", '''''n'' A..I\ :. J_" ~'~:':" IV 00: II HV 2- AON SOOl A!:!V.LOM)H.l.OCld 31-U :10 3:JI::UO-G3lI.:l TERESA A. ENGLEHART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. MELISSA A. ECHARD KELLER : NO. 2004-6022 CIVIL TERM ORDER OF COURT AND NOW, this 12TH day of DECEMBER, 2005, the Defendant's request to participate by phone in the above captioned matter on January 9, 2006, is GRANTED. Defendant shall file her pre-trial memorandum in accordance with our order of November 2, 2005, together with a telephone number she can be reached at on the day of the hearing. ~'\ /eBy the Court, '~I ~...c....~ Edward E. Guido, J. ~arbara Sumple-Sullivan, Esquire For the Plaintiff :sld .~,cP \).-- \ , , -,." ;! ,-, '":-.';'1 ';" . LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774.7059 December 1, 2005 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Teresa A. Englehart v. Melissa A. Echard Keller Docket No. 04-6022 / Cumberland County Dear Judge Guido: My client has reviewed Ms. Keller's request to testify by telephone. Prior testimony by phone in support matters have proven unsuccessful. Therefore, we request her presence and continue to oppose her request. / / BSSllh cc: Ms. Teresa A. Englehart ~ '. RECEIVED NOV 0 1 2005 . Barbara Sumple-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff BY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER. Defendant Civil Action - Law AND NOW, this d"A ORDER dayof ,J~ , 2005, upon consideration of Plaintiffs Motion for Continuance of a Hearing: I) The Default Judgment Hearing is resche~led for 1" (yI'.J l I' ( 2006 at 5o'U/) a.m.-p.m. in Courtroom ~ of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Cumberland County, Pennsylvania; 2) Defendant shall physically be in attendance at the above scheduled Default Judgment Hearing: and 3) Defendant shall file her Pre-Trial Memorandum as previously required by the Ordcr of Court dated August 30, 2005, within J{l days of the above scheduled Default Judgment Hearing. -- BY T COURT: (p 2) ,tJ \\ J. Edward E. Guido 1J-;,d.tlf"""V~ 4.. Y#...f U (-f - (J 6.' "'7...-'"::_..-.. . ~ . -' TRANSMISSION VERIFICATION REPOR1~ TIME 11/18/2005 14:14 NAME FAX TEL SER.# BROJ5J344047 DATE. TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 11/18 14: 14 97747059 00:00:21 01 OK STANDARD ECM ~ /'1;'t:-4 .~14 A-. ~e.#Q;l.-b ~~;<(, 7~ ;L1-~f'~S ~ ~'t4-j)l N~r. /7 )(':;'t'-, NJ4 f"(J)/--IS A /..; . o.?y>- / Fel '- tX ,,,)' I / ......- < , To The Honorable Judge Ed Guido, Friday, November lIth, 2005 Your Honor I'm writing a letter of request in lieu to the Civil Action-Law hearing that was rescheduled fOf January 9th, 2006 at 9:00am in Courtroom 5. I the defendant Melissa Keller am requesting to participate in the hearing by telephone. I understand that I have a better chance of achieving the results 1 want if I appear personally before you your Honor, but nonetheless I do have a few travel hardships as well. Currently I am caring for my two children and another foster child. My four year old participates in a 3 hour preschool class on the military base that myself and husband are stationed. Pre-school starts at 8 am and ends at II :15am in which I am responsible for dropping off and picking up. There are no exceptions to any other party picking my child up from school besides my husband or I. Your Honor the otlter reason I am requesting to appear by telephone, is because my husband and I are fostering another child in our home at this time and state is not providing other supplemental child care for this child or monies at this current time for me to pay for this child to be watched by another person the required time. that involves myself traveling to and from P A from Jacksonville/Camp Lejeune NC. The hearing would require me to leave the night before in order to get there on time and drive home immediately afterwards in order to tend to my one child in pre- school. I also currently care for my other child who is 2 years of age. My husband is not able to stay home from the Marine Corps in order to attend to these children while I am gone for two days. He is currently involved in long days and training due to being deployed soon to Iraq. I understand the law is designed to make allowances when a patn' is long distance from the place ofthe hearing; and my physical presence is not technically required. Our household budget is tight as it is, to pay for all the gas and lodgilljl, and child care expenses for my children, it would make things more complicating. Prior to this hearing another one was scheduled for Friday, October 28th 2005. I had made advance arrangements to be present by telephone and my request was granted. Now , J'..... ..1._ 1.........:.......... "Tn'"' . - 4. To The Honorable Judge Ed Guido, Friday, November II th, 2005 Your Honor I'm writing a letter of request in lieu to the Civil Action-Law hearing that was rescheduled for January 9th, 2006 at 9:00am in Courtroom 5. 1 the defendant Melissa Keller am requesting to participate in the hearing by telephone. 1 understand that 1 have a better chance of achieving the results J want if 1 appear personally before you your Honor, but nonetheless I do have a few travel hardships as well. Currently 1 am caring for my two children and another foster child. My four year old participates in a 3 hour preschool class on the military base that myself and husband are stationed. Pre-school starts at 8 am and ends at 11: 15am in which I am responsible for dropping off and picking up. There are no exceptions to any other party picking my child up from school besides my husband or I. Your Honor the other reason I am requesting to appear by telephone, is because my husband and 1 are fostering another child in our home at this time and state is not providing other supplemental child care for this child or monies at this current time for me to pay for this child to be watched by another person the required time that involves myself traveling to and from PA from Jacksonville/Camp Lejeune NC. The hearing would require me to leave the night before in order to get there on time and drive home immediately afterwards in order to tend to my one child in pre- school. 1 also currently care for my other child who is 2 years of age. My husband is not able to stay home from the Marine Corps in order to attend to these children while I am gone for two days. He is currently involved in long days and training due to being deployed soon to Iraq. 1 understand the law is designed to make allowances when a party is long distance from the place of the hearing; and my physical presence is not technically required. Our household budget is tight as it is, to pay for all the gas and lodging, and child care expenses for my children, it would make things more complicating. Prior to this hearing another one was scheduled for Friday, October 281h 2005. 1 had made advance arrangements to be present by telephone and my request was granted. Now all ofthe sudden the request of my presence is being required after the hearing was rescheduled. Please consider my request and respond as soon as possible so that 1 may make advance arrangements for teleconferencing during the hearing. Thank You. Sincerel), /:2 1~ 7- [12 l-~ Melissa Keller . /. . " To The Honorable Judge Ed Guido, Friday, November 11th, 2005 Your Honor I'm writing a letter of request in lieu to the Civil A(:tion-Law hearing that was rescheduled for January 9th, 2006 at 9:00am in Courtroom 5. I the defendant Melissa Keller am requesting to participate in the hearing by telephone. I understand that I have a better chance of achieving the results I want if I appear personally before you your Honor, but nonetheless I do have a few travel hardships as well. Currently I am caring for my two children and another foster child. My four year old participates in a 3 hour preschool class on the military base that myself and husband are stationed. Pre-school starts at 8 am and ends at 11: 15am in which I am responsible for dropping off and picking up. There are no exceptions to any other party picking my child up from school besides my husband or 1. Your Honor the other reason I am requesting to appear by telephone, is because my husband and I are fostering another child in our home at this time and state is not providing other supplemental child care for this child or monies at this current time for me to pay for this child to be watched by another person the required time that involves myself traveling to and from P A from Jacksonville/Camp Lejeune NC. The hearing would require me to leave the night before in order to get there on time and drive home immediately afterwards in order to tend to my one child in pre- school. I also currently care for my other child who is 2 years of age. My husband is not able to stay home from the Marine Corps in order to attend to these children while I am gone for two days. He is currently involved in long days and training due to being deployed soon to Iraq. I understand the law is designed to make allowances when a party is long distance from the place of the hearing; ami my physical presence is not technically required. Our household budget is tight as it is, to pay for all the gas and 10dgil1~, and child care expenses for my children, it would make things more complicating. Prior to this hearing another one was scheduled for Friday, October 28th 2005. I had made advance arrangements to be present by telephone and my request was granted. Now all of the sudden the request of my presence is being required after the hearing was rescheduled. Please consider my request and respond as soon as possible so that I may make advance arrangements for teleconferencing during the hearing. Thank You. Sincerely, /'2 7' (.C- r2~' Melissa Keller TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9th day of January, 2006, after hearing, we will defer decision on this matter pending receipt of memoranda of law on the part of each party. Any such memorandum of law shall be filed by close January 20, 2006. J. /garbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For Plaintiff ~lissa A. Echard Keller 702 Rogers Lake Road, Apt A Kannapolis, NC 28081 :mlc O,Olv \ ' 0\' ',-1 0,0", Q ~:\. ~C TERESA A. ENGLEHART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. REESE NO. 2004-6022 CIVIL TERM ORDER OF COURT AND NOW, this 27TH day of JANUARY, 2006, after hearing on the issue of unliquidated damages and having reviewed the brief filed on behalf of Plaintiff, we find as follows; I.) Plaintiff s claim for additional legal fees incurred in her unsuccessful effort to terminate Defendant's parental rights is DENIED. 2.) Plaintiff is awarded additional damages against Defendant in the amount of$3,536.00 representing the lost support from the child's father to the date of the hearing in this matter. We will consider the award of additional lost support upon petition of Plaintiff. Edward E. Guido, J. ~arbara Sumple-Sullivan, Esquire For the Plaintiff ;sld flelissa Reese P.O. Box 7157 Jacksonville, North Carolina 28540 ~iN'f/\lASNN3d IJ'^'nr" ,-" ','"'U"'"'ln''' I JI,;, r,'\..' ,"', ., >-~:''i J 9 t : I Hd Of; NVr900Z A!NIONG'HlOud 3H.l. :JO 3J!:!:iO-aj11:l TERESA A. ENGLEHART : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. MELISSA A. REESE : NO. 2004-6022 CIVIL TERM ORDER OF COURT AND NOW, this 31sT day of MARCH, 2006, Defendant's "Motion to Set Aside Court Order" is DENIED. Edward E. Guido, 1. :sld I if [>/1 .~,... ,dJ I '\ \\J ~\ Q / Barbara Sumple-Sullivan, Esquire F or the Plaintiff _;.relissa Reese \ P.O. Box 7157 Jacksonville, North Carolina 28540 r '. " "1.> n l \I P'c .' ,.. ", , Melissa A. Reese P.O. Box 7157 Jacksonville, NC 28540 Wednesday, February 28,2006 Edward E. Guido Judge One Courthouse Square Carlisle, PA 17013-3387 To The Honorable Judge Guido, I, Melissa A. Reese, defendant NO. 2004-6022 CIVIL TERM, am requesting records from Cumberland County Domestic Relations office be reviewed in support to make your decision to whether or not to set aside the courts order. I was unable to obtain those specific documents on the Natural Father David Hetes. I not only spoke with Cyndi Com, but Staci Snyder as well and both said due to my Child Support case having nothing to do with the father's it is considered confidential information and that that information would have to be order by the Judge or requested by attorney. Because in fact I am defending myself on this matter, I am requesting that your Honor you would order to review that information and make your decision upon review. Respectfully, Melissa A. Reese r TERESA A. ENGLEHART IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. REESE NO. 2004-6022 CIVIL TERM MOTION TO SET ASIDE COURTS ORDER In support of this motion, Defendant offers the following: 1. Defendant did not receive notice of her right to response to Plaintiff's brief that was filed on January 20, 2006. 2. Plaintiff confirmed to Cumberland County Domestic Relations office A Summary of Trier of Fact on November 1, 2005. (See Attached) *The Natural Father David Hetes was still in Locate at this time and his income was still unknown. The Plaintiff has an order filed against him # 080101956. 3. Defendant has a current order to pay $50.00 a month in child support and $50.00 in arrears a month to the Plaintiff. Along with that order the Defendant offered to add her child to her health insurance at no cost to the Plaintiff. (See Attached) 4. Plaintiff was asked in a letter from Cumberland County Domestic Relations to comply and allow for certain valuable documents to be supplied to the Defendant so she could get the child enrolled in Health Insurance. (See Attached) 5. Plaintiff has not complied with Child Support/Enforcement Officer's request to gather those documents and Defendant is unable to comply with her order to add the child to the Health Insurance within 60 Days of the current Child Support Order. r' , The facts in this case demonstrate that the termination of the father's parental rights had no impact on the payment of support and that support would not have been paid even if his rights had remained in effect. The defendant has been paying her child support on time as ordered. Defendant requests in support of this motioDr that there be a motion to set aside the courts order after The Honorable Judge Guido reviews this and other evidence by Cumberland County Domestic Relations pertaining true facts that either the natural father David Hetes has or has not paid his child support to the Plaintiff, Respectfully submitted, Date: February 15. 2006 ''-1, (& . ~<(__ Melissa A. Reese P. o. Box 7157 Jacksonville, NC 28540 I ~ Melissa A. Reese P.O. Box 7157 Jacksonville, NC 28540 TERESA A. ENGLEHART V. MELISSA A. REESE IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6022 CIVIL TERM CERTIFICATE OF SERVICE I, MELISSA A. REESE, do hereby certify that on this date, I served a copy of the foregoing MOTION TO SET ASIDE COURTS ORDER, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Dated: February 15, 2006 7J ? i?c Ita ,,-, Melissa A. Reese P.O. Box 7157 Jacksonville, NC 28540 Defendant Barbara Sumple-Sullivan, Esqnire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TERESA A ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANIA v. : NO. 04-6022 MELISSA A ECHARD KELLER, Defendant Civil Action - Law PRAECIPE TO ENTER JUDGEMENT ON AN ORDER TO THE PROTHONOTARY Upon request of the Plaintiff, please enter the following Order dated January 27, 2006, by the Honorable Edward E. Guido, in the above captioned matter, as a judgment on the Order in the amount of Three Thousand Five Hundred Thirty-Six Dollars ($3 36.00). Date--1/3!dt ~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 323] 7 Attorney for Plaintiff TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant : Civil Action - Law NOTICE To: Ms. Melissa A. Echard Keller P.O. Box 7157 Jacksonville, NC 28540-2157 You are ordered notified that on () 012..\' t, to , 2006, Judgment was entered against you in the above captioned ~ase in accordance with Rule 236 of the Pennsylvania Rules of Civil Procedure. DATE: fJf>fL~ ( L, I d-.VO,b Pro TERESA A. ENGLEHART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. REESE NO. 2004-6022 CIVIL TERM ORDER OF COURT AND NOW, this 27TH day of JANUARY, 2006, after hearing on the issue of unliquidated damages and having reviewed the brief filed on behalf of Plaintiff, we find as follows: I.) Plaintiffs claim for additional legal fees incurred in her unsuccessful effort to terminate Defendant's parental rights is DENIED. 2.) Plaintiff is awarded additional damages against Defendant in the amount of$3,536.00 representing the lost support from the child's father to the date of the hearing in this matter. We will consider the award of additional lost support upon petition of Plaintiff. B'yA~ ~ Edward E. Guido, J. Barbara Sumple-Sullivan, Esquire For the Plaintiff Melissa Reese P.O. Box 7157 Jacksonville, North Carolina 28540 :sld TR U E COpy FROM RECORD In Testj~(ln\i \"!-"';-28f. 1 here unto set my hand and .' e 3S01 cc' Sc',c' ':ovrtfilt-1arlisle, Pa. Th' .3{)~DL~..., :' ^':'0 . .. .., ., ~'I"I rolhonolary Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA v. NO. 04-6022 MELISSA A ECHARD KELLER, Defendant Civil Action - Law CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO ENTER JUDGMENT ON AN ORDER, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: J, It: Iri ( DATED: ~) Ms. Melissa A Echard Keller PO Box 7157 ) Jacksonville, NC 28540-2157 /, '}~/:~,,( 1 . / ,./'/' // '-- c~ t - Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff c () ..(,c:,. p 1- -0 <,-0 4= <0 C-) '+- -.., \Y - :.:-1 F ~ ,,' -~ 1 ~-1 - .....::z -- ~ , ..r:::: c'' ~ .. -a -co lr) - D - \l.r C> J:- (,,') - --J. ~ - . . .- t..:) , 1) " Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law PRAECIPE TO TRANSFER , TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please transfer the judgment entered in this matter on April 6, 2006 in the amount of Three Thousand Five Hundred Thirty-Six Dollars and 00/100 ($3,536.00) to the Court of Common Pleas of Onslow County, North Carolina to allow for Plaintiff to execute upon. Dated: May 8, 2006 Barbara umple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Attorney for Plaintiff ,~ Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-]445 TERESA A. ENGLEHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served a copy of the foregoing Praecipe to Transfer, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Melissa A. Echard Keller P.O. Box 7157 Jacksonville, NC 28540-.2157 ~ DATED: May 8, 2006 umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 2 () ,.." ~ <=> c: <=> ~ S, 0"' -0 GJ ::lI: ~;;g CDr-! ::< ~ f ~ L_......' ze- I :8'" (.0,,'-' -< 0) 06 y -j . ~ -r. -:. ~::Cj -n _L:D - iJ\ 601 ::It 00 "'- ;:;.c; 5'" ...3. V-, - - 0 c ~ ..- ..) ~ .. 'e, C> \" <.J1 '-< ?> , -- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant : Civil Action - Law PRAECIPE TO TRANSFER TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please transfer the judgment entered in this matter on August 16, 2005 in the amount of Five Thousand Eight Hundred Seventy Dollars and 10/100 ($5,870.10) to the Court of Common Pleas of Onslow County, North Carolina to allow for Plaintiff to execute upon. Barbara Smnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cmnberland, PA 17070 (717) 774-1445 Attorney for Plaintiff Dated: May 8, 2006 .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERESA A. ENGLEHART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6022 MELISSA A. ECHARD KELLER, Defendant Civil Action - Law CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing Praecipe to Transfer, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Melissa A. Echard Keller P.O. Box 7157 Jacksonville, NC 28540-2157 Barbara Sumple-SuIIivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff DATED: May 8, 2006 2 ,- () "" ~ "'" ~ <::> ~ "" -Veri :x ;f:1J -rnf; :::- ~~ -7 '., -< ~ ] ..:.- ".~ r ~~:- I <::0 ~C' ;r!:n ...:: ~f; -0 '" ~ :x \J~ ~ '- )>C'::' 6. 4 <::> z ;g ... % =<! 0 .n ,.,. .z:- -< '- ..."-.