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Home My WebLink About91-2572 II DENISE L. MATTHEWS, formerly, Denise L. Monismith, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 1991- 2572 CIVIL TERM BARRY R. MONISMITH, SR. Respondent! Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND FOR CIVIL CONTEMPT 1. Petitioner is Denise L. Matthews, an adult individual, currently residing at 126 Liberty Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Barry R. Monismith, an adult individual, currently residing at RD 2, Box 49L, Hidden Valley Road, Loysville, Pennsylvania, 17047. 3. Petitioner seeks custody of the following child: Barry R. Monismith, Jr., age 14 years, born 11/5/90. 4. The parties are subject to a Court Order issued by the Honorable Edgar B. Bayley, on December 5,2001, and attached to this Petition. The Petitioner avers that the Respondent is in violation of the Court Order in that; A. The Respondent for more than a year has refused to permit the Petitioner to exercise her alternate weeks of shared custody and dictated the times she could be with her son. B. The parties were ordered to participate in counseling and the Respondent terminated the counseling after two sessions. I' 'I 'I I I II DENISE L. MATTHEWS, formerly, Denise L. Monismith, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 1991- 2572 CIVIL TERM BARRY R. MONISMITH, SR. Respondent! Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND FOR CIVIL CONTEMPT 1. Petitioner is Denise L. Matthews, an adult individual, currently residing at 126 Liberty Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Barry R. Monismith, an adult individual, currently residing at RD 2, Box 49L, Hidden Valley Road, Loysville, Pennsylvania, 17047. 3. Petitioner seeks custody of the following child: Barry R. Monismith, Jr., age 14 years, born 11/5/90. 4. The parties are subject to a Court Order issued by the Honorable Edgar B. Bayley, on December 5, 2001, and attached to this Petition. The Petitioner avers that the Respondent is in violation of the Court Order in that; A. The Respondent for more than a year has refused to permit the Petitioner to exercise her alternate weeks of shared custody and dictated the times she could be with her son. B. The parties were ordered to participate in counseling and the Respondent terminated the counseling after two sessions. " 5. Petitioner states that her son has a strong desire to live primarily with her as he is verbally and physically abused by his father on a regular basis. The Petitioner has an extensive criminal history involving violence and has been the subject of multiple Protection From Abuse Orders which he was found to be in contempt of. 6. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been denied her rights under the current custody order by the father. (b) The child is now 14 years of age and has expressed a strong desire to be in the primary care of the mother. (c) The child has been mistreated in the father's home. WHEREFORE, Plaintiff requests your Honorable Court to: A) grant primary custody of the child to the Petitioner; B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) find the Respondent to be in civil contempt of the existing order; and 0) grant such other relief as is just and in the best interest of the child including the award of attorney's fees against the Respondent. \1 Respectfully submitted, Date:~ ~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 Ii I verify that the statements made in the foregoing Petition to Modify Custody and For Civil Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. j~ 9bW\\& 1. ~ Denise L. Matthews DATE: ~ ...........""'"-- ~- , WOlf 3 0 2001 BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENISE 1. MONISMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~'"1- day of --:::;:}J-.~. ' 2001, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 31, 2000 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of joint counseling for the purpose of assisting the parties in developing sufficient communication, cooperation and trust to enable them to effectively co-parent their Child and also to assist the parties in understanding the effects of the ongoing conflicts between the parties on the Child. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling as well as the participation of the Child in counseling. The Father shall be responsible to pay all costs of the counseling. The Father shall contact the Mother's counsel within 10 days of the Conciliation Conference to advise of the availability of his insurance coverage and selection of a counselor. The parties shall cooperate in promptly scheduling the initial and subsequent sessions. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Sunday at 8:00 p.m. The Father shall be responsible to provide all transportation for the exchanges of custody. During the exchange, the Father shall remain in his motor vehicle and the Mother shall remain in her residence. 4. The parties shall not involve the Child as an intermediary between the parties for exchanging messages. 5. The Mother shall be entitled to use the Father's residential telephone number only in order to speak with the Child when the Father has custody or for emergencies involving the Child. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. ....." ~- ). -,. r7'1~";t-T'. . . ,- .. '.'''r- '- - 'lilln__.~, 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shaH control. BY THE COURT, ~!:~j jJ IkJ'Y cc: Joan Carey, Esquire - Counsel for Mother Barry R. Monismith, Sr., Father TRUE C"'PY fROM RECORD In Testimcr ...' '.. ", "e unto ;^' ..'" h?"d and t 1. ,., 0 '. bear"':. 1>. sea 01 Sv.U ";1. I :~', , . ". :rh' ....S...... yo... .~._..., 41.1 . . .... . u p. notary -~, ~~ ,,~'.1,~ J;.;.", '""'- ,"'~~ BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CNIL ACTION LAW DENISE 1. MONISMITH, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits theJollowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. (JR) November 5,1990 MotherlFather 2. A Conciliation Conference was held on November 28,2001, with the following individuals in attendance: The Mother, Denise 1. Monismith, with her counsel, Joan Carey, Esquire, and the Father, Barry R. Monismith, Sr., who is not represented by counsel in this matter. Date 3. The parties agreed to entry of an Order in the form as attached. ^),-nAP.A'f1~/1 ';:;'7 d.oo( ~ I Dawn S. Sunday, Esquire Custody Conciliator OBARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : 91-2572 CIVIL ACTION - LAW DENISE L. MATTHEWS (MONISMITH) Defendant : IN CUSTODY CROSS CLAIM FOR MODIFICATION AND NOW, comes Barry R. Monismith, Sr., by and through counsel, Karl E. Rominger, Esquire and in support of his Cross Claim for Modification avers as follows: 1. Petitioner is Barry R. Monismith, Sr., who resides at RR #2, box 49 L, Loysville, P A 17047. 2. Respondent is Denise L. Matthews, formerly Denise Monismith, who resides at a126 Liberty Avenue, Carlisle, Pennsylvania 17013. 3. A modification was filed on January 14, 2005, by Denise L Matthews, formerly Denise L. Monismith. 4. On December 5, 2001, the Honorable Edgar B. Bayley, entered a Custody Order attached as Exhibit "A". 5. In the last two (2) years the parties have modified the Order and the minor child has been living with Petitioner with visitation in mother. 6. In the previous two (2) years they had deviated heavily from the Order previously entered, and it would not be in the best interest of the child to suddenly and abruptly revert to the December 5,2001, Order. 7. Since the entry of said Order, there has been a significant change in circumstances in that: a) The minor child is with Petitioner ninety (90%) percent of the time. b) Respondent was recently arrested for harassing Petitioner's current spouse. c) Respondent does not currently have a driver's license. d) Respondent has been institutionalized for various mental health reasons. 8. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody in Father with visitation in Mother as agreed upon by the parties. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: I,~/t!; r'/j / ~ KarrE. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date: ~ /' I -z.j -67 , ~~ijL~ Barry R.;Monisrnith, Sr. ~ " " BARRY R. MONISMlTH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENlSE L. MONISMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, thi, ~ day of Jj1" (I C" lY\ bt: R , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 31, 2000 shall continue in effect as modified by this Order. 2. The parties shaU participate in a course of joint counseling for the purpose of assisting the parties in developing sufficient communication, cooperation and trust to enable them to effectively co-parent their Child and also to assist the parties in understanding the effects of the ongoing conflicts between the parties on the Child. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling as well as the participation of the Child in counseling. The Father shall be responsible to pay aU costs of the counseling. The Father shall contact the Mother's counsel within 10 days of the Conciliation Conference to advise of the availability of his insurance coverage and selection of a counselor. The parties shall cooperate in promptly scheduling the initial and subsequent sessions. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody ofthe Child on an alternating weekly basis with the exchange to take place each week on Sunday at 8:00 p.m. The Father shall be responsible to provide all transportation for the exchanges of custody. During the exchange, the Father shall remain in his motor vehicle and the Mother shall remain in her residence. 4. The parties shall not involve the Child as an intermediary between the parties for exchanging messages. s. The Mother shall be entitled to use the Father's residential telephone number only in order to speak with the Child when the Father has custody or for emergencies involving the Child. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion ofthe Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. ~x;{);li ~ f' 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COURT, /5/ %;u) IJ en Y Edgar B ayley, ~ J. cc: Joan Carey, Esquire - Counsel for Mother Barry R. Monismith, Sr., Father BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 91-2572 CNIL ACTION LAW DENISE L. MONISMITH, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. (JR) November 5, 1990 MotherlFather 2. A Conciliation Conference was held on November 28,2001, with the following individuals in attendance: The Mother, Denise L. Monismith, with her counsel, Joan Carey, Esquire, and the Father, Barry R. Monismith, Sr., who is not represented by counsel in this matter. Date 3. The parties agreed to entry of an Order in the form as attached. IU,-nM--""'1U'l J9 ~( 1J~'!7J ' Dawn S. Sunday, Esquire Custody Conciliator ....' ~,;:::> = "" (.... .." % N eft Q c ~, ;:\1<" f:;:,~q,\ :j:< r:,~,. iJ),"..' r:; () ~C'! ,?,.,(-, 5'i';; ~ ....., "% c.;? Q, ::;1 -",,-0 fl1? _,,'n' :',1'7 l._~C) '~L':!~ ~:)'f.~ .~. rrl ~:2\ .". .~ L.fl cr. -~ DENISE L. MATTHEWS, formerly, Denise L. Monismith, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 1991- 2572 CIVIL TERM BARRY R. MONISMITH, SR. RespondenU Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Denise L. Matthews, an adult individual, currently residing at 126 Liberty Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Barry R. Monismith, an adult individual, currently residing at RD 2, Box 49L, Hidden Valley Road, Loysville, Pennsylvania, 17047. 3. Petitioner seeks custody of the following child: Barry R. Monismith, Jr., age 14 years, born 11/5/90. 4. The parties are subject to a Court Order issued by the Honorable Edgar B. Bayley, on December 5, 2001, and attached to this Petition. The Petitioner has filed a request for primary custody and in conjunction with sending a copy of the Petition forwarded a letter, attached hereto as exhibit A, indicating Petitioner's intent to follow the existing Order. The Respondent has refused to permit the Petitioner to have any custody of her son citing the current suspension of her operator's license. The Petitioner has arranged for transportation by her brother Scott Monosmith and her daughter Melissa Lindsay durin9 her weeks of custody Llntil her privileges are restored in March, 2005. WHEREFORE, Plaintiff requests your Honorable Court to: A) Set an emergency hearing in order to reaffirm the existing Court Order and further set the parties rights until such time as there can be a full hearing in this matter; B) find the Respondent to be in civil contl3mpt of the existing order; and C) grant such other relief as is just and in the best interest of the child including the award of attorney's fees against the Respondent for wilful violation of the Court Order. Respectfully submitted, Date: IjZ"iloS I ~ ~~ML---' Robert l. O'Brien, Esquire O'BRIEIN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 rob/domesticlmatthews/emergency relief I verify that the statements made in the foregoing Petition Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. 7\0'-' A,,-' -j 11 (JP:1.<-\ Denise L. Matthews DATE: ~ {27{05: Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com January 14, 2005 Barry R. Monismith RD2 Box 49L Hidden Valley Road Loysville, Pennsylvania 17047 Re: Matthews v. Monismith Dear Mr. Monismith: Enclosed please find a petition I am filing on behalf of my client, involving your son, Barry. Please note that we are seeking payment of attorneys' fees due to your violation and being in contempt of the existing court order. Pending a hearing on this matter and the conciliation that would precede it, my client is going to exercise her rights under the existing court order. Accordingly, when you deliver her son next weekend, she will keep him for the following week. If you attempt to interfere with that, we will file an additional contempt petition against you, and request an emergency hearing. Again, at that time, we will be requesting that the Court order you to pay attorneys' fees. You will be receiving an Order directly from the Court scheduling this matter. Sincerely, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLOlaf Ene. cc: Denise Matthews file rlo.dir/domestic/matthews/monismith,ltr I j A -.'- - :-...- . .... 1 I BARRY R. MONISMlTH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENISE L. MONISMITH, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits theJollowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. (JR) November 5, 1990 MotherlFather 2. A Conciliation Conference was held on November 28, 2001, with the following individuals in attendance: The Mother, Denise L. Monismith, with her counsel, Joan Carey, Esquire, and the Father, Barry R. Monismith, Sr., who is not represented by counsel in this matter. Date 3. The parties agreed to entry of an Order in the form as attached. !\),-nJJ?.- Ju/l ~7 d.oo( /]~"'7f I Dawn S. Sunday, Esquire Custody Conciliator --- , NaV 8 0 201 BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-.2572 CIVIL ACTION LAW DENISE L. MONISMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~1-- day of V),.~. ' 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated May 31,2000 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of joint counseling for the purpose of assisting the parties in developing sufficient communication, coope:ration and trust to enable them to effectively co-parent their Child and also to assist the parties in understanding the effects of the ongoing conflicts between the parties on the Child. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling as well as the participation of the Child in counseling. The Father shall be responsible to pay all costs of the counseling. The Father shall contact the Mother's counsel within 10 days of the Conciliation Conference to advise of the availability of his insurance coverage and selection of a counselor. The parties shall cooperate in promptly scheduling the initial and subsequent sessions. 3. Pending"further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Sunday at 8:00 p.m. The Father shall be responsible to provide all transportation for the exchanges of custody. During the exchange, the Father shall remain in his motor vehicle and the Mother shall remain in her residence. 4. The parties shall not involve the Child as an intermediary between the parties for exchanging messages. 5. The Mother shall be entitled to use the Father"s residential telephone number only in order to speak with the Child when the Father has custody or for emergencies involving the Child. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. - ~ - ~ ~ -. - " ,~ - ,., 1-."" , 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tcnns of this Order shall control. BY THE COURT, ~.!.'4~J -L3~ cc: Joan Carey, Esquire - Counsel for Mother Barry R. Monismith, Sr., Father TRUE C"PY fROM RECORD In Testimcr .... - -.. ", .re unto ~,' .,'" n?~d and f I. s'.' 0 -. bear"':. P. sea 01 (,.i,C:; ,;1. I :~'. , . Ii.. :rh ......5....... yo... .~."..., &It.l ., , -.. .. .. . P IIY ('~! r...:> C', , ,:';'." (:J ~-i, - C-,;_)- ..1 7-._, r:,;n ;..J en C__ f'. ~::..: ~ \L \? ["'.., \) CO 0, ~ --- ~) !J'. 1"' NJ f':: 0 B d r- " (p. t"" ---J - DENISE L. MATTHEWS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 91-2572 CIVIL ACTION LAW BARRY R. MONISMITH, SR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 24, 2005 ___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, at 39 West Main Street, Mecbauicsburg, PA 17055 on __~,,-dnesday, February 16, 2~~!i. , the conciliator, at 10:00 AM -----_....,--,,- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scbeduled hearin\(. FOR THE COURT, By: Isl Dawn S. Sunda~-, Es<]: . ,j,.J_ Custody Conciliator ~- The COUlt 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 COUlt, please contact our oCtice. All arrangements must be made at least 72 hours prior to any hearing or business betore th,e court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Bedtord Street Carlisle, Pennsylvania 1701.1 Telephone (717) 249-3166 ~r/ f- .n;r'?J IAf -47 f 'P' _ . 5'41 yC-f ;! ~~;/, IGl .>('./ j:.. /fT~' 4; - PQ 5CZ 51'? I VIN1F'AQ~"r . I t ;,lnr:r\ ,'-", ~_I_~: .:kj f\.j.,. ,',J__' ,.,->' !'~?':!}inJ Z I :01 Wi SZ /l"r ron? if ~",l;t. } >.ri," , ('.I,;,""',' " -- ,,:!nV;';'JH:(;i+_~ :1~J Jr 32'H;:"~j--6~r1t~' .A) BARRY R. MONISMITH, SR. PLAINTIFF IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 91-2572 CIVIL ACTION LAW DENISE L. MATTHEWS (MONISMITH) DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tbursday, January 27, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at~_ 39 West.I\1aill_1>treet, Mecbanicsburj/, P A ] 7055,.._, on _. Wednesday, February ]6.2005 at ]0:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Proteetion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!, FOR THE COURT, By: Isl Dawn S. Sund;w. Esq. Custody Conciliator 1'" 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 HA VE 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 170 1.3 Telephone (717) 249-3166 1{,./~~.~ ~~I ~~7 .lOsel ~ r1! ~ --;t /r:nf ~ 50.5(-' I ~ fj<' -'7 nr.- /47 /'fJ )0 ,el II :Ol;)'! 07 '. ," oc. ,1\fr sonz ^. 'fA I '"'.\ '(' o. V,.l.Uj-~ ;!...' :u"" . - -.::_:-':(J '~ '~d 3Hl :In ",),.L'l ."13~1 ' ,~ "', l "-' ],.:J JAN 2 8 211115 '" f0tl' DENISE L. MATTHEWS, formerly, Denise L. Monismith, Petitioner/Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 1991- 2572 CIVIL TERM BARRY R MONISMITH, SR Respondent! Defendant IN CUSTODY ORDER OF COURT AND NOW this 3li day of ~ c L , 20mi a hearing on the Petition for Emergency Relief is scheduled in the above-captioned case for ~./if' the ;<reI day of ~ ,2005, in Courtroom # / of the Cumberland County Courthouse, Carlisle, Pennsylvania/ _41;- / [) : .3 0 c[. rh , I -rJ 1 / ; ,j /D/ L-() J. o ~.() '}-.o D ~ YJ~c/ ::J17~~ ~ i ~J ~~,2 ',J..-. ~.~\) ~~' c'JV;- ".jL._ :=LU w...:C r- tl.,_ () (:"') o (0 r- I C,::J U..J U- (,r;"l C:::l c:;,;> c-, DENISE L. MATTHEWS, formerly, Denise L. Monismith, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 1991- 2572 CIVIL TERM BARRY R. MONISMITH, SR. Respondent! Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Denise L. Matthews, an adult individual, currently residing at 126 Liberty Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Barry R. Monismith, an adult individual, currently residing at RD 2, Box 49L, Hidden Valley Road, Loysville, Pennsylvania, 17047. 3. Petitioner seeks custody of the following child: Barry R. Monismith, Jr., age 14 years, born 11/5/90. 4. The parties are subject to a Court Order issued by the Honorable Edgar B. Bayley, on December 5, 2001, and attached to this Petition. The Petitioner has filed a request for primary custody and in conjunction with sending a copy of the Petition forwarded a letter, attached hereto as exhibit A, indicatin~J Petitioner's intent to follow the existing Order. The Respondent has refused to permit the Petitioner to have any custody of her son citing the current suspension of her operator's license. The Petitioner has arranged for transportation by her brother Scott Monosmith and her daughter Melissa Lindsay during her weeks of custody until her privileges are restored in March, 2005. WHEREFORE, Plaintiff requests your Honorable Court to: A) Set an emergency hearing in order to reaffirm the existing Court Order and further set the parties rights until such time as there can be a full hearing in this matter; B) find the Respondent to be in civil contempt of the existing order; and C) grant such other relief as is just and in th,e best interest of the child including the award of attorney's fees against the Respondent for wilful violation of the Court Order. Respectfully submitted, Date: '/2'7/0.5' ~ ~6A.u--' Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 rob/domesticlmatthews/emergency relief I verify that the statements made in the foregoing Petition Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. D Q,u,,-' i 110:<-&, Denise L. Matthews DATE: ~ /21{05: Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. 0 'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com January 14, 2005 Barry R Monismith RD2 Box 49L Hidden Valley Road Loysville, Pennsylvania 17047 Re: Matthews v. Monismith Dear Mr. Monismith: Enclosed please find a petition I am filing on behalf of my client, involving your son, Barry. Please note that we are seeking payment of attorneys' fees due to your violation and being in contempt of the existing court order. Pending a hearing on this matter and the conciliation that would precede it, my client is going to exercise her rights under the existing court order. Accordingly, when you deliver her son next weekend, she will keep him for the following week. If you attempt to interfere with that, we will file an additional contempt petition against you, and request an emergency hearing. Again, at that time, we will be requesting that the Court order you to pay attorneys' fees. You will be receiving an Order directly from the Court scheduling this matter. Sincerely, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/af Enc. cc: Denise Matthews file rlo.dirldomesticlmatthewslmonismith.ltr I ' A ~'.' - - :.'~-.-r'" BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENISE L. MONISMITH, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. (JR) November 5, 1990 Mother/Father 2. A Conciliation Conference was held on November 28,2001, with the following individuals in attendance: The Mother, Denise L. Monismith, with her counsel, Joan Carey, Esquire, and the Father, Barry R. Monismith, Sr., who is not represented by counsel in this matter. Date 3. The parties agreed to entry of an Order in the form as attached. 11~f!7J Dawn S. Sunday, Esqurre Custody Conciliator f..J--nUA71 huJ ~7 :J..oo( , ---------- , NOV 3 0 2001 BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENISE 1. MONISMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~"l- day of -VP~. ' 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 31, 2000 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of joint counseling for the purpose of assisting the parties in developing sufficient communication, cooperation and trust to enable them to effectively co-parent their Child and also to assist the parties in understanding the effects of the ongoing conflicts between the parties on the Child. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling as well as the participation of the Child in counseling. The Father shall be responsible to pay all costs of the counseling. The Father shall contact the Mother's counsel within 10 days of the Conciliation Conference to advise of the availability of his insurance coverage and selection of a counselor. The parties shall cooperate in promptly scheduling the initial and subsequent sessions. 3. Pending"further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Sunday at 8:00 p.m. The Father shall be responsible to provide all transportation for the exchanges of custody. During the exchange, the Father shall remain in his motor vehicle and the Mother shall remain in her residence. 4. The parties shall not involve the Child as an intermediary between the parties for exchanging messages. 5. The Mother shall be entitled to use the Father's residential telephone number only in order to speak with the Child when the Father has custody or for emergencies involving the Child. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both partie,; shall ensure that third parties having contact with the Child comply with this provision. " - ,. _. j - . .~ -'~ "l~ - '- ... .. 7. This Order is entered pursuant to an agreement of the parties at a a.istody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TIIE COURT, ~~f:.J fJ. ~y cc: Joan Carey, Esquire - Counsel for Mother Barry R. Monismith, Sr., Father TRUIE C"'PY fROM RECORD In Testimcr . ...' '.. ", 're unto ~.. .,'H ~?~d and t I I, ., 0 -. beart.... t>. sea 0 s~.u ..... I ,,:-1 , I a. :rh' .....:.1...... yo... .~.^..., ~.I , . -.. .. .. p uy , , " '.0 (:J '~.' t:..~ (-, ;V [":,:) ~:h v) r::,I' T". (."..... 1l Ii:.. " \,.. f'-.' \) CO , ,; <2- l)', !' " N=J R (" f',) c;: r-- '" ct\ ;;-- " '-J FEB 1 8 2005 tV pi DENISE L. MATTHEWS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW BARRY R. MONISMITH, SR. Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND> COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. November 5,1990 Mother/Father 2. A conciliation conference was held on February 16, 2005, with the following individuals in attendance: The Mother, Denise L. Matthews, with her counsel, Robert L. O'Brien, Esquire, and the Father, Barry R. Monismith, Sr., with his counsel, James I. Nelson, Esquire. 3. This Court previously entered an Order on December 5, 2001 under which the parties shared having custody of the Child on an alternating weekly basis. Since that time, on an informal basis, the Child had been living in the Father's household primarily for over a year until recently when the parties resumed the alternating weekly schedule as a result of the initiation of legal proceedings. The Mother has filed a Petition for Contempt and Modification seeking primary physical custody of the Child and the Father filed a Crossclaim for Modification also seeking primary physical custody. 4. At the time of the conciliation conference the conciliator was informed that a hearing has already been scheduled in this matter for March 2, 2005. With the hearing already scheduled to be held in just two weeks, there was little prospect for meaningful conciliation as both parties intend to proceed to resolution through the hearing. It appears that the two rdated issues to be addressed at the hearing include the physical custody arrangements and the Child's school enrollment. 5. As the hearing has already been scheduled and there is ,ill existing Order dated December 5, 2001 under which the parties are presently sharing physical custody, no further Order is necessary pending the hearing. ;:e..~if 1(-/ / doo5 Date L~~ Dawn S. Sunday, EsqUIre Custody Conciliator / cc:. R~ert L. O'Brien, Esquire - Counsel for Mother fames I. Nelson, Esquire - Counsel for Father " j c .v r , L \'. . . - --------- BARRY R MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 91-2572 CIVIL ACTION - LAW DENISE 1. MATTHEWS (MONISMITH) Defendant : IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Plaintiff, Barry R Monismith, by and through his attorney, Karl E. Rominger, Esquire files the following Petition for Contempt and avers the following: 1. The Petitioner is Barry R Monismith, who resides at RR. 2 Box 49-L, Loysville, P A 17047. 2. Respondent is Denise 1. Matthews (Monismith), who resides at I South High Street, Newville, P A 17241. 3. Since January 24, 2005 the parties have had joint custody of Child. 4. On or about June 9, 2005 the Honorable Judge Oler signed an Order, stating, "In all other respects, the order of court dated December 5,2001, shall remain in full force and effect." 5. The Order from December 5, 2001, states, "The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Sunday at 8:00p.m." 4. Respondent has failed to obey the Court Order, in that Respondent and Child were not home on Sunday, February 26, 2006 at 8:00p.m. for the Petitioner to pick up the Child. 5. Additionally, Respondent does not answered nor she returned telephone calls to Petitioner. 6. Respondent has threatened Petitioner to call the police if he continues to the call the residence. . 7. Additionally, the December 5, 2001 Court Order, states, "The parties shall not involve the Child as an intermediary between the parties for exchanging messages." 8. Respondent has failed with the Court Order in that she told the Child to tell Petitioner "tell the fucking asshole you don't want to see him anymore," and Child told Petitioner that Respondent wanted him to stay home with her. Petitioner implied he would come pick him up, but Respondent would not allow this. 9. Continually, Respondent changed the Child's family doctor without notifying Petitioner, and still has not relayed this information to Petitioner. 10. The Child's grades are dropping in school and the Child has missed a total offourteen days of school, twelve of those days were in Respondent's care. WHEREFORE, Petitioner respectfully requests this Honorable Court to find the Respondent in contempt of Court, and require her to comply with the December 5,2001 Court Order, Allowing Petitioner physical contact with the Child, grant Petitioner attorney fees and make-up time with Child. Respectfully Submitted, ROMINGER, BAYLEY & WHARE Dated: ~ U(P '). Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner BARRY R MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : 91-2572 CIVIL ACTION - LAW DENISE L MATTHEWS (MONISMITH) Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Barry R Monismith, do hereby certify that I this day served a copy of the Petition to Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Robert O'Brien, Esquire 19 West South Street Carlisle, Pa 17013 Respectfully Submitted, ROMINGER, BAYLEY & WHARE Dated: 3/ /l! /6& ) Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff BARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : 91-2572 CIVIL ACTION - LAW DENISE 1. MATTHEWS (MONISMITH) Defendant : IN CUSTODY VERIFICATION 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. Cons.Stat. Ann. S 4904 relating to unsworn falsificatio;_ to authorities. / ~4'1;' /- Date: :3 -tf-u6 0-{,.q. -,::) 7.Z B \I:- \l . \) ~ ~ \) Q~~ t .-L r-...") " .--j BARRY R. MONISMITH, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 91-2572 CIVIL ACTION LA W DENISE 1.. MATTHEWS (MONISMITH) DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 27, 2006 ._,_, upon consideration of the attached Complaint, it is hereby directcd that parties and Iheir respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at ...~2.West Main Street, Mechanicsburg,-').~_]!.~.5_~__ on___':Y.~~.II..esday~!,.ril].~, 2006 ____.. at I] :30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve Ihe issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. ._~ Custody Conciliator r' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the coun, 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 HA VE 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 31 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Y;r~'':9 -fiv ~ /'fl11Uf ~7 <70 <...C[ ~~ Cl ~ P /"rl ~I/., dJQ (..e- f' ~(.(90 f1lJ ';t /f/7 ~l y.-J/) ?JV'{J?'[ 'Ii' I: ;irv<) 08 :S lid LZ ~'n~ SOOZ N:!\li' .;;) ~:.Il :Ie -':~::;~:i~i~',"-Cl?IIY V c BARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Denise 1. Matthews, in the above captioned case. Respectfully submitted, ---- J e ca 0 st, Esquire MldPenn Legal Services 401 E. Louther Street Carlisle, P A 17013 (717) 243-9400 Date:<!6. U( " ~. BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Denise 1. Matthews, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Date: r.;. 0 . 0 u... J e ica olst, Esquire idPenn Legal Services 40 I E. Louther Street Carlisle, PA 17013 (717) 243-9400 ,._, :':.11 (;,,-1 ?:: c~ f'<i BARRY R. MONISMITH, SR. Plaintiff ,-~:-..._--.-----..._----- i Rr<'.".r i'lf,.',"'" , "." , ,. - .~ ."_.r\..j ~-:.",.\ -..i Jr'...;....' I , . i A PR 2 6 2006 ! ~. ( i IN THE COURT OF COM N-Pi:P^ROR-d CUMBERLAND COUNTY, PENNSYLVANIA .- . .' vs. 91-2572 CIVIL ACTION LAW DENISE 1. MATTHEWS (MONISMITH) Defendant IN CUSTODY ORDER OF COURT AND NOW, this '71. 1-1-_ day of '^ . .. r , 2006, upon consideration of the attache~onciliation~and directed as follows: A Hearing is scheduled in Court Room No. I of the Cumberland County Courthouse on the _~'111vday of ~/) ~ ,2006, at/:]D o'clock~. m., at which time testimony will be taken. For pu ses the hearing, the Father, Barry R. Monismith, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT, cc: L~E. Rominger, Esquire - Counsel for Father }tssica C. Holst, Esquire - Counsel for Mother ~ ..~ '>fttI.~J1 / II I a, lit (:, .Ae.- ~,:n ,-. ...: '-' ,~ . BARRY R. MONISMITH, SR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 91-2572 CIVIL ACTION LAW DENISE 1. MATTHEWS (MONISMITH) Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Barry R. Monismith, Jr. November 5, 1990 Mother/Father 2. A custody conciliation conference was held on April 19, 2006, with the following individuals in attendance: The Father, Barry R. Monismith, Sr., with his counsel, Karl E. Rominger, Esquire, and the Mother, Denise 1. Matthews (formerly Monismith), with her counsel, Jessica C. Holst, Esquire. 3. This Court previously entered an Order in this matter on December 5, 2001 under which the parties have shared physical custody of the Child on an alternating weekly basis. The Father tiled this Petition for Contempt seeking enforcement of that Order, make-up time with the Child and counsel fees. As the parties provided completely contradictory accounts of the events on which the Father's Petition is based, the conciliation process was ineffective. In order to resolve this matter, it will be necessary for the Court to make determinations of credibility through testimony at hearing. 4. The Father's position on custody is as follows: The Father stated that the Mother and the Child were not at their residence when he came to pick up the Child on February 26 under the regular alternating weekly schedule. The Father further stated that he was present at the Mother's residence every week thereafter but his efforts to obtain custody of the Child were unsuccessful. The Father absolutely denied making any proposal or reference to the Mother concerning the change in custody if the Mother were to withdraw the child support contempt proceedings. The Father requested that the \/. .. , Court provide him with make-up time with the Child, enforce the existing Order and, although it is not in his petition, the Father is seeking primary physical custody of the Child. 5. The Mother's position on custody is as follows: The Mother stated that she and the Child were at her residence on February 26 for the exchange of custody but the Father did not come to pick up the Child. The Mother stated that she assumed the Father was following through on his prior proposal that the Mother would have primary physical custody of the Child if she would drop the child support proceedings. According to the Mother, the Father did not make any effort to obtain custody of the Child in March and when the Father did exercise his period of custody with the Child in early April, the Father returned the Child to the Mother's residence in the middle of that period. 6. The conciliator submits an Order in the form as attached scheduling a hearing on the Father's Petition for Contempt. It is estimated that the hearing will require at least one-half day. /JpuI 02-'( dl-Cx) (J Date d1~-- ~~ Dawn S. Sunday, EsqUIre Custody Conciliator - BARRY R. MONISMITH, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH) Defendant : CUSTODY MOTION FOR CONTINUANCE Defendant, Denise Matthews, by and through her attorneys, MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. This matter was originally scheduled for a hearing on July 24, 2006 at 1 :30 p.m. 2. Defendant has advised counsel that her daughter, an important witness for purposes of the above-captioned custody hearing, is due to deliver her baby on or about July 15, 2006, and will likely be unavailable for purposes of testifying on July 24, 2006. 3. Defendant has advised counsel that the child, Barry Monismith, Jr., who is the subject of the above-captioned custody matter, recently began meeting with a mental health counselor. Counsel for Defendant believes that with more sessions, the counselor may be able to provide important and relevant information that could assist the parties in reaching a resolution to this matter. ~ '"' 4. Counsel for Defendant respectfully requests that this Court coutiuue this matter to a later date to allow for the recovery of Defendant's witness and to allow for additional sessions between the minor child and his Counselor. 5. Counsel for Plaintiff does not concur with this request. WHEREFORE, Plaiutiff requests that the Court grant this Motiou and reschedule the hearing in this matter. - Respectfully Submitted, J es ca olst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, P A 17013 BARRY R. MON!SMITH, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSytV ANIA : NO. 91-2572 CIVIL TERM v. DENISE 1. MATTHEWS CMONIsMfTH) Defendant : CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Defendant, Denise Matthews, bereby certity that I bave served a COpy of the foregoing Motion for Continuance on the following date and in the manner indicated below: U.S. First Class Mail. Posta{!e Pre-p'!i..Q Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 MidPenn Legal Services, Inc. Date: (:; -3U~ _ - - .~ ~st, lisquire - MidPenn Legal Services 401 East Louther Street Carlisle, P A 17013 ,~ .... :1 ~ C' (-= ,. ~ (.:':;:"2) 1i...:....:J C:/"'" (,) = -,..:.~" c-...) - ... ". BARRY R. MONISMITH, SR., Plaintiff v. DENISE L. MATTHEWS (MONISMITH), Defendant IN THE COURT OF COMMON PLEAS 'OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAA W NO. 91-2572 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of July, 2006, upon consideration of Defendant's Motion for Continuance, and the Court's schedule being unable to accommodate a rescheduled hearing in this matter before October, 2006, the motion is denied. ~rl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff Jessica Holst, Esq. JtfidPenn Legal Services 401 East Louther Street Carlisle, P A 17013 Attorney for Defendant :rc - BY THE COURT, ~ - r I""' r,_';;, <I : I \ I r\ "'j .... _li;lJl)'lik~!" BARRY R. MONISMITH, SR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1991-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant IN CUSTODY ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of Plaintiff's Petition for Contempt, and following a hearing held on this date, the Court finds that the Defendant, Denise L. Matthews (formerly Monismith) has intentionally, voluntarily, and willfully failed to comply with the existing Order of Court with respect to the custody of the parties' child, Barry R. Monismith, Jr., (date of birth, November 5, 1990), and it is ordered and directed as follows: 1. The Defendant is adjudicated in contempt of Court. 2. Within 60 days of today's date, Defendant shall reimburse Plaintiff for attorney's fees in the amount of $600; 3. For the next 12 weeks of alternating custodial periods, Plaintiff's periods of physical custody shall extend for two weeks, and Defendant's period shall extend for one week, and; 4. Defendant shall cease making her residence available to the child during Plaintiff's periods of custody, except as otherwise agreed upon in writing by the parties. By the Court, /fessica Holst, Esquire 401 E. Louther Street Carlisle, PA 17013 For the Plaintiff ~rl E. Rominger, Esquire ~ 155 South Hanover Street Carlisle, PA 17013 For the Defendant J. ~ ~ ~O o .i (---"; ! f\,;; BARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant IN CUSTODY MOTION FOR RECONSIDERATION Petitioner/Defendant, Denise L. Matthews (Monismith), by and through her counsel, MidPenn Legal Services, and Jessica Holst, Esquire, states the following: 1. A contempt hearing in this matter was scheduled before the Honorable Judge Wesley Oler on Monday, July 24,2006, at 1:30 p.m. 2. Monday morning, Mother's counsel received notice that Mother was ill, required medical attention and would be unable to attend the contempt hearing. 3. At 10:30 a.m., Mother's counsel received notice from the Carlisle Regional Medical Center that Mother was at the Emergency Room seeking treatment. 4. At 12:30 p.m., Mother's counsel received notice that Mother was still in the hospital and was undergoing treatment. 5. Mother's counsel contacted opposing counsel and the Court to advise of Mother's medical situation. Counsel was ordered to appear at 1:30 in Chambers to determine how this matter was to proceed. 6. Mother's counsel contacted Carlisle Regional Medical Center at 1 :20 p.m. to determine Mother's status and was advised that Mother had been discharged. The Medical Center would not state the time of the discharge. 7. Mother's counsel advised the Court of Mother's status as informed by the Medical Center. The Court delayed the start of the contempt hearing until 2:15 p.m. to allow for Mother to appear for the hearing. 8. Mother did not appear for the hearing, testimony was taken from other witnesses and the Court issued an Order finding Mother in contempt, establishing a temporary make-up schedule, and awarding Father attorney's fees. 9. Subsequent to the hearing, Mother's counsel was contacted by Joey Wisner, P A-C, from the Carlisle Regional Medical Center. Ms. Wisner advised Mother's counsel that the Medical Center employee had provided incorrect information and that Mother had not been discharged until 2:45 p.m., after the contempt hearing had ended, the record had been closed, and an Order entered. Subsequently, she provided documentation of this information to Mother's counsel, which is attached as Exhibit A. 10. Mother asserts that it would have been impossible for her to attend the hearing at 1 :30 p.m. or at 2: 15 p.m. and that had the Court been aware of the fact that she was in the hospital emergency room at the time, there would have been a compelling reason to continue the hearing to permit her to testify, and further asserts that she has suffered substantial prejudice due to the hearing proceeded in her absence. 11. Pursuant to Pa.R.C.P. 1930.2(b), granting this Motion for Reconsideration is an appropriate means of relief under the circumstances. 12. Pursuant to 42 Pa.C.S. ~ 5505, this court has the authority to modify or rescind any order within 30 days after its entry. This matter was heard on July 24, 2006, and the Order was entered subsequently thereto. 13. Mother's counsel has contacted Attorney Rominger who does not concur with the relief requested herein. WHEREFORE, Mother respectfully requests that this Court grant her Motion for Reconsideration; vacate or stay the effect of it's Order of July 24,2006; schedule a hearing at which Mother will be permitted to offer her testimony as well as that of her witnesses who were with her at the hospital and therefore unavailable on the date of the hearing; and issue a new Order based on all the evidence heard by the Court, including the evidence presented by Mother. Respectfully submitted, Date: ~.) (.~ 01 , Esquire Mi e Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 '". --~ " . CARLISLE RECIONAL MEDICAL CENTER July 24, 2006 Dear Denise, I am writing this note per your request to verify your discharge time from our emergency department. Our records clearly indicate that you were receiving treatment in our department from 10:21 to 14:45 on 7/24/06. I apologize for any miscommunication that may have occurred regarding your discharge time. Sincerely, ~/} /A-C- ~.~ Joey Wisner, PA-C ~~~ 45 Sprint Drive. P.O. Box 4100. Carlisle, PA 17013.717-249-1212. www.CarlisleRMC.com VERIFICATION The above-named PETITIONER, DENISE L. MATTHEWS (MONISMITH), verifies that the statements made in the above Motion for Reconsideration are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: ~ - l1) - oCo ~~~~ ~ ~~- DENISE L. MATTHEWS (MONISMITH) BARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, ofMidPenn Legal Services, attorney for the Defendant, Denise L. Matthews, hereby certify that I have served a copy ofthe foregoing MOTION FOR RECONSIDERATION on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Date: ~. \ \ . O\.. A H 1st, Esquire enn Legal Services 401 E. Louther Street Carlisle, P A 17013 (717) 243-9400 () ,....;) ~ e::>> c: c::;) ~ <:T' -0 OJ ::=- ~ 92SJ c ~~ (I) Z,". (1)1> ~6 -< " r;::; :x> -, ::=- ~~i ,-:n ?>-~ :x -?ri >'C: c::? ~ z ~ :::l 0 -< \.0 o BARRY R. MONISMITH, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 91-2572 CIVIL TERM DENISE 1. MATTHEWS (MONISMITH), Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Denise 1. Matthews (Monismith), Petitioner/Defendant, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am provi . n free legal services to the party. ess' 0 st, Esquire Mi erm Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 e ..... ~ = = :s:: .... ~~ >- ii c:: Z.o' G') ZSc (f) :. -<~: <c :I> :I!'::!:i p- :2:' ; :x Qo ...:::::~(~ am l>c s> Z ~ :< c BARRY R. MONISMITH, SR., Plaintiff v. DENISE L. MATTHEWS (MONISMITH), Defendant I ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAA W NO. 91-2572 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of August, 2006, upon consideration of Defendant's Motion for Reconsideration, a hearing is scheduled for Friday, September 15,' 2006, at 9:15 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Aarl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff Jessica Holst, Esq. ,l'i.fidpenn Legal Services ~ 401 East Louther Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, J. ~. tJ \() &" '" \ ..,.,/ c > ViNVAIASNN3d I "",!"', /;..."';L'~OI^'n" f\J.J\h ,.),' ,'." .... ':,:"1(''( hJ L t; :01 \<IV B I ;)IW 900Z AUVlONJiilO::Jd 3Hl :JO 3Dl,j~O-Q31Lj AS OF q"5-J.~ CASE# 91- ~ HAS BEEN SCAN~ED. ALL EARLIER FILINGS TO THIS CASE HA VE BEEN MICROFILMED. 0 r---:> C:::l 0 c_: (=:J ." cr> ---~ "4 (/) ! l.t ::r: ;n _.,~) lil I -n t~~J : ::) Ul .'~) (-) _.- -U 'c; .. ~..- '-j --:c:.; rrl 1") ~___I -I ~-> c..) ~1J W -< . .... BARRY R. MONISMITH, JR., Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant/Petitioner IN CUSTODY PETITION TO REQUEST ATTENDANCE OF MINpR CHILD .~> Petitioner, Denise L. Matthews, by and through her counsel, MidPenn Legal Services, states the following: 1. The above-captioned matter is scheduled for hearing on Friday, September 15, 2006, at 9:15 a.m. 2. Petitioner believes that it is necessary for the Court to speak privately to the minor child involved in this custody matter in order to better ascertain the current situation. 3. Petitioner does not believe that Respondent will bring the child without a Court Order requiring that he do so. 4. Counsel for Respondent has indicated to Petitioner's counsel that Respondent did not intend to bring the minor child to the September 15, 2006, hearing and does not concur with Petitioner's request. .. .. WHEREFORE, Petitioner respectfully requests that this Court enter an Order requiring that Respondent bring the child to the September 15,2006, hearing. Itted, J sica Ho st, Esquire idPenn ~egal Services 401 East Lbuther Street Carlisle, PA. 17013 (717) 243-9400 .. BARRY R. MONISMITH, JR., Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA w. : NO. 91-2572 CIVIL TERM DENISE L. MATTHEWS (MONISMITH), Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of Mid Penn Legal Services, attorney for Defetndant, Denise L. Matthews, hereby certify that I have served a copy of the forgoing Petition to Request Attendance of Minor Child on the following date and in the manner indicated below: U.S. First Class Mail Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Date: _ q .~ ,0 \,Jl J es ica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, P A 17013 (717)243-9400 C) c,: ,..~ c.-::> ~":-) Cf'<\ U) I Ul u N W f'.J o.#'. AI\. .. BARRY R. MONISMITH, JR., Plaintiff/Respondent v. DENISE L. MATTHEWS (MONISMITH), Defendant/Petitioner <-;~~7='-- I J.J ;~;'p.,o.c;~r~: D ~ k~y.~~j --~~.:::~-- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 91-2572 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this JJl day of ~ \ . ' 2006, upon consideration of the attached Petition, the Plaintiff is Ordered to bring the minor child, Barry Monismith, Jr., to the hearing scheduled for Friday, September 15,2006, at 9:15 a.m. in Courtroom 1, Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Jessica Holst, Esquire ~idPenn Legal Services 401 East Louther Street Carlisle, P A 17013 vKarl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 ~ ~ ~ 8' . 'fino 08 :9 HV II d~3S 900l Al:f'ilOi\lG:u.C:dJ 3Hl :10 3C'JH:!(:' 0311:J BARRY R. MONISMITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DENISE L. MATTHEWS, Defendant 91-2572 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of September, 2006, upon consideration of Defendant's Motion for Reconsideration, and pursuant to an agreement reached in open court among the parties and their respective counsel, Karl E. Rominger, Esquire, on behalf of the Plaintiff, and Grace D'Alo, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The parties agree that the July 24, 2006, order lS modified as follows: (a) The order of attorney's fees is decreased to $100. (b) Defendant will pay the $100 within 10 days of the date of this order. 2. All previous orders now In effect will remain in effect except as modified above. By the Court, Karl E. Rominger, EsqUirr For the Plaintiff Grace D'Alo, Esquire 1- For the Defendant c~ ~ ,~ pcb i(. Z :2 Hd 22 d3S 9DOl Atl\/lOi\U,~LLOdd 3Hl :10 3J!:!~o-o::n!j