HomeMy WebLinkAbout05-0536
WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
CHRISTINA A. HENEGAR and
JOSE TORRES,
: NO. Of:; - SJf"
CI-()~l ~87-1
Defendants
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiffs are Wilfred Fountain and Catherine Fountain, husband and
wife, of 41 0 Oxner Court, Myrtle Beach, SC 29579.
2. Defendant, Christina Henegar, currently resides in a shelter in
Carlise. The address is 110 W. High St. Apt. 4, Carlise, PA 17013.
3. It is alleged that Defendant, Jose Torres, resides in New York and
any specific address is unknown to the Plaintiffs. Plaintiffs were advised by Defendant
Henegar that her last contact with Defendant Torres was when the child was conceived.
4. Plaintiffs seek sole legal and physical custody of Dianne Torres, born
on June 2, 2000, the natural daughter of the Defendants, who was born out of wedlock.
Since birth, the child has resided with the following persons and at
the following addresses:
Christina Henegar,
Christina's parents and
Christina's 2 sisters
Virginia (unknown
location)
6/2/00 to 6/2/02
Christina Henegar,
Kirk Sheneman
Kalya Henegar
155 Logan St.
Dillsburg, PA 17019
Geneva Dr.
Mechanicsburg, PA
and
1055 Nanrock Drive
Mechanicsburg, PA
612/02 to 9/02
9/02 to 9/03
9/03 to 11/04
Plaintiffs and Kalya
Henegar
410 Oxner Court
Myrtle Beach, SC
11/2004 to
12/26/04
Marisol & Ray Vargus,
Christina Henegar,
Kalya Henegar, and
other individuals
1214 Hunter Street
Harrisburg, PA
12/26/04 to
1/5/05
Rodney L. Sheneman,
Bonnie Sheneman
Dominique
703 E. Coover Street
Mechanicsburg, PA
1/5/05 to
1/19/05
Plaintiffs
410 Oxner Court
Myrtle Beach, SC
1/19/05 to
Present
residing in shelter in Carlise. She is single.
The mother of the child is Christina Henegar, who is currently
The father of the child is Jose Torres, whose current residence is
as noted above. Plaintiffs are unaware of Defendant Torres' marital status.
4. There is no biological relationship between the Plaintiffs and the
Defendants. The son of Plaintiff, Catherine Fountain, (Kirk Sheneman) has had a
relationship with Defendant Henegar and Kirk and she have a child together. That child
is not subject of the within litigation.
5. The relationship of Defendants to the child is that of Mother and Father.
The Defendant Henegar currently resides in a shelter and Defendant Torres' address is
unknown.
6. Plaintiffs have not partiCipated as parties or witnesses, or in another
capacity, in other litigation concerning the custody of the child in this or another court.
Plaintiffs have no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Plaintiffs do not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
7. The best interest and permanent welfare of the child will be served by
granting the relief requested because:
(a) Plaintiffs can provide a stable and nurturing environment for the
child;
(b) The child is without health insurance. Plaintiffs need a Court Order
giving them custody of the child to enroll the child on Plaintiffs' health insurance coverage;
(c) Defendant Henegar executed guardianship documents for the child
to be with the Plaintiffs; however, South Carolina, where the Plaintiffs reside, requires that
they cannot enroll the child in any formal school setting or day care without a Court Order;
and
(d) Plaintiffs have had the child in their custody for several months and
she was happy and well adjusted in their care.
8. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, Plaintiffs request the court to grant sole legal and physical custody
of the child in them.
TUCKER ARENSBERG, P.C.
111 N. Front St., P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
VERIFICATION
We, the undersigned, Wilfred Fountain and Catherine Fountain, acknowledge that
the facts stated in the foregoing document are true and correct to the best of our
knowledge, information and belief.
We understand that any false statements herein are made subject to the penalties
of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities.
~~~
Wilfr Fountain
~~ %uJ~
Catherine Fountain
Dated:
tj,N!tJ r;
(
75193.1
I, Christina A. Henegar (mother), give guardianship to WiI and
Catherine Fountain to care for my daughter Dianne M.
Torres/Henegar, DOB 6/2/00, 88# 227-87-0254. The Fountains
have my permission to arrange for routine medical and dental
care, including but not limited to necessary immunizations,
testing for TB, and periodic medical and dental check-ups,
inclusive of routine diagnostic testing. The Fountains are also
authorized to enroll her in school as required by law. Please
allow the Fountains to give consent to all emergency medical
procedures which are necessary to preserve the child's life or
prevent permanent impairment of her health.
Dianne has year round allergies and a history of asthma. Dianne
is on prescription Claritin.
Mother's temporary address and telephone: 1214 Hunter Street,
Harrisburg, PA 17104 717-234-0203
Previous Pediatrician:
Ryder, Barnes and Condon Pediatrics
2106 Aspen Drive; Mechanicsburg, PA 17055
717-691-9683 FAX: 717-691-9689
C )act: Brenda ,eedy, Office Manager or Alex Ryder, RN
i) ) - ;' ( _/?/ -o.r-
Date
Nota9-/~ ~/;h~
NOTARIAl. SEAl.
JUOV S GRDJAN
Notary Publle
l.EMCItNIOIlOlIGH,COlNVCf~
Mv CommIulon Expns./un 7, 2008
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WILFRED FOUNTAIN AND CATHERINE
FOUNTAIN
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-536
CIVIL ACTION LAW
CHRISTINA A. HENEGAR AND JOSE
TORRES
TN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW.
Wednesday, February 02, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq.
at DJ Manlove's, 1901 State St" Camp Hill, PA 17011 on Friday, March 11,2005
, the conciliator,
at 11:30 AM
--
for a Pre-Hearing Custody Conferenee. 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 beard 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 tbe conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!.
FOR THE COURT,
By: Isl
Melissa P. GreITXLEs<J.....__~_
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Amcricans
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 ollice. 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 Bedtord Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED APR 04 ZOO; ::,<
IN THE COURT OF OMMON PLEAS OF
CUMBERLAND COU TV, PENNSYLVANIA
NO. 05-536 CIVIL TERM
WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
Plaintiffs
v.
CIVIL AC ION - LAW
CHRISTINA A. HENEGAR and
JOSE TORRES,
IN CU TODY
Defendants
ORDER OF COURT
AND NOW, this .5 tt day of April. 2005, upon conside tion of the attached
Custody Conciliation Summary Report, it is hereby ordered and direct d as follows:
1. Leoal Custody. Wilfred Fountain and Catherine Founta n, shall have primary
legal custody of the minor child, Dianne Torres, born June 2, 2000. They shall share the
responsibility for decision-making with the child's Mother, Christina A Henegar, and to the
extent that they are able to establish communication with the hild's Mother, share
responsibility for making decisions regarding health, education and religious upbringing.
Major decisions shall be discussed between the Mother and the Plain iffs jointly with a view
toward obtaining and following a harmonious policy in the child's best 'nterest. However, in
the event of a disagreement between the Plaintiffs and the Mother, wi h regard to issues of
legal custody, the Plaintiffs shall have the right to make the final de ision, which decision
shall be subject to review by a court of competent jurisdiction. As the persons with primary
custody of the minor child, the Plaintiffs shall have the right and resp nsibility to enroll the
child in school and authorize her medical care and treatment.
2. Physical Custody. The Plaintiffs, Wilfred Fountain and Catherine Fountain,
shall have primary physical custody of the child subject to partial cus ody with the Mother,
Christina A. Henegar, as the parties may agree.
3. Counsel for the Plaintiffs shall effect service of this Or er on the Defendant
Mother and file an Affidavit of Service promptly after service has been ompleted.
4. Counsel for the Plaintiffs is granted leave of court to se e this Order on the
Defendant Father via publication in a newspaper of general circu ation in Harrisburg,
Dauphin County, Pennsylvania, and via publication in a newspaper of eneral circulation in
New York state, specifically EI Diario or The Villager. and file an Affi avit of Service upon
the completion of both publications.
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NO. 05-536 CIVIL TERM
5. In the event that either Defendant is aggrieved by th terms of this Order,
upon proper petition, the Custody Conciliation Conference will be sc eduled in accordance
with the local rules for purposes of reviewing the Order and address ng concerns raised in
said Petition.
BY THE COURT:
Dist:
Sandra L. Meillon, Esquire, PO Box 889, Harrisburg, PA 17108 11
Christina A. Henegar, 1419 Automme Circle, Virginia Beach, VA 23451 \..:
J.
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WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO NTY, PENNSYLVANIA
Plaintiffs
v.
CHRISTINA A. HENEGAR and
JOSE TORRES,
Defendants
CUSTODY CONCILIATION SUMMARY REPOR
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE 0 CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following r port:
1. The pertinent information concerning the child who i the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN HE CUSTODY OF
Dianne Torres
June 2, 2000
2. A Custody Conciliation Conference was held on March 11, 2005 following the
Plaintiffs' filing of a Complaint for Custody on January 8, 2005. Atte ding the Conference
were: Wilfred Fountain and Catherine Fountain, and their counsel Sandra L. Meilton,
Esquire. The Mother, Christina A. Henegar, did not attend. The Fat er, Jose Torres, did
not attend.
3. The Plaintiffs are Wilfred and Catherine Fountain, Mrs. Fountain's son, Kirk
Shelleman, is the father of the subject child's sister, Kayla Hen gar. Through Mr.
Shelleman's involvement with Christina Henegar, the Plaintiffs came to know Ms. Henegar's
children. Plaintiffs reside in Myrtle Beach, South Carolina. They p ovided a copy of a
notarized guardianship paper providing that the Plaintiffs have guardi nship of Dianne M.
Torres, born June 2, 2000. The guardianship paper grants the PI intiffs permission to
arrange for medical and dental care and allow her to be enrolled in s hool as required by
law. The Plaintiffs report that they have had custody of the child w h Mother's consent
since January 19, 2005, Plaintiffs report that the Defendant, Ms. enegar, has had a
somewhat unstable lifestyle and that she presently does not have c stody of any of her
children. They report that the guardianship paper was prepared by a umberland County
Children & Youth worker. Plaintiffs report the child has no health insur nce and that under
NO. 05-536 CIVIL TERM
South Carolina law, they need a Court Order in order to enroll her i public school. They
seek custody of the child so that they may provide for her education health insurance and
care. Since the Plaintiffs have received custody of the child, they ha e had the child's eyes
examined and she has now been fitted with corrective lenses.
4. Father did not attend the Conference. Plaintiffs' couns I did not know where
to serve him with the Complaint. They report that the Defendant Mot er informed them that
her last contact with him was at conception. It is believed that is mother resides in
Dauphin County. However, there are allegedly criminal charges agai st her for some sort of
child abuse.
5. Mother did not attend the Conference. The Plaintiffs' counsel presented an
Affidavit of Service indicating that a copy of the Custody Complaint an scheduling Order for
the Conference along with a proposed Stipulation was mailed vi certified mail with a
domestic return receipt to the Mother at her sister's home where she is apparently residing
in Virginia Beach, Virginia. A copy of the domestic return receipt i dicates that the party
signing for the receipt of the letter was Melissa Henegar. Plaintiffs report that she is the
sister of the Defendant, Christina Henegar.
6. The Conciliator recommends a Temporary Order of pri ary legal custody to
the Plaintiffs whom it appears are standing in loco parentis with he permission of the
Mother. The Conciliator further recommends that Plaintiffs' counse make service of the
Order upon Mother and that service of the Order upon Father be ade via publication in
both Dauphin County and in New York City where it is believed he ay have at one time
resided.
o / l'-{J~
Date
)
Melissa Peel Gr evy, Esq
Custody Concili tor
:246635
crd,
WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
'" - /_ CrJv' (' ~(e-re Vh-.
NO. J6 ~ 53U7 .
CHRISTINA A. HENEGAR and
JOSE TORRES,
Defendants
: IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
)
11 .
day of //!/y{, ~
COUNTY OF DAUPHIN
<j"
AND NOW, this /1
, 2005, personally
appeared before me, a Notary Public in and for the aforesaid Commonwealth and County,
Catherine Fountain, who being duly sworn according to law, deposes and says that on
February 16, 2005, she mailed a copy of a Custody Complaint with attached scheduling
Order for a custody conference on March 11, 2005, a proposed Stipulation and other
related documents to Christine Henegar, 1419 Automme Circle, Virginia Beach, VA 23451,
by certified mail no. 70042890000348699298, return receipt requested, and the same
was received on February 19, 2005, as indicated by the return receipt card which is
attached hereto.
/ //
L;~T'62("a ~u>U/~/~
Catherine Fountain
Sworn to and subscribed
before me this 1/<-1'1 day
~f0'r(, ,2005.
,U:11 yL
Notary Public
(SEAL)
NOWIW. ..
G&ClMM. lie
NolaIy ~
CIlY Of H,qJRIII H.1llUl1W CClUNII'
My ComI\ In1 -, bplMe Now 6. 2OlI7
76457.1
A
. Complete ~ems 1, 2, and 3. Also complete
~em 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailplece,
or on the front if space permits.
1. ArtIcle Addressed to: I /
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D. Is delivery address dttr'eref1t from Item 11 0 Yes
If YES. enter delivery address below: 0 No
3. Service Type
o CertIfied Mall 0 Expresa Mall
o Registered 0 Return Receipt tor Merchandise
o Insurad Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7004 28'10 0003
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Domestic Return Receipt
>95-Q2-M-1540
U.S. Postal Service,"
CERTIFIED MAil," RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 05-536 Civil Term
CHRISTINA A. HENEGAR and
JOSE TORRES,
Defendants
: IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF DAUPHIN )
'/~A
AND NOW, this ;;;"4 day of May, 2005, personally appeared before me, a
Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal
to Sandra L. Meilton, who being duly sworn according to law, deposes and says that:
1. Pursuant to Paragraph 3 of the Court Order dated April 5, 2005, service was
effected on Defendant, Christina A. Henegar, by United States first class mail, (see
attached Certificate of Mailing).
2. Pursuant to Paragraph 4 of said Order, service was effected on Defendant, Jose
Torres, by publication. See attached proofs of publication.
d "
;' I I,i
/ .14"-'l iJl. yivrv-
Gloria M. Rine
Sworn to and subscribed
before me this JLf~ day
of May, 2005.
~~
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Notary Public
(SEAL)
Notanal Seal
Pa~ne Patti Thomas, Notary Public
aty Of Hanisburg, Dauphin County
My Commission Expires Mar. 24, 2007
Member, Pennsylvania A..wx:iation Of Notaries
78271.1
.
TUCKER ARENSBERG
Attorneys
Sandra L. Meilton
smeilton@tuckenaw.com
May 23, 2005
FILE
Ms. Christina A. Henegar
c/o Melissa Henegar
1419 Automne Circle
Virginia Beach, VA 23451
RE: Fountain v. Henegar and Torres
Dear Christina:
Enclosed is a copy of the Court Order dated April 5, 2005 issued by the Court with
regard to the custody conciliation conference in the above matter.
Sincerely,
TUCKER ARENSBERG, P.C.
Sandra L. Meilton
SLM:gmr
Enclosure
cc: Mr. and Mrs. Wilfred Fountain
78272.1
Tucker Arensberg, PC. 111 N. Front Street PO. Box 889 Harrisburg, PA 17108 p.717.234.4121 f. 717.232.6802 www.tuckerlaw.com
1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619
U.S, POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNA TlONAl MAil, DOES NOT
PROVIDE FOR INSURANCE POSTMASTER
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IDA L. CULHANE
Notary Public, State Of New York
No.01CU6059?06
Qualified In New York ~ County
)mm'SSlon Expires June 4, 2001-
#1 in Local News
:erving East & West Village, Chelsea, 50ho, Tribeca and Lower lI,lanhattan Since
487 Greenwich Street #GA, New York, NY 10013' 212-ZZ:1.1800
THE PAXTON HERALD
Csntr/JI PBnniJylvanis"1I LargS8t Wsskly N8Wllpap9,.
Fax
(717) 657.3523
Tho PD.ton I-lonlld. .'0 f~~ Drivoo, H"";_r& Rl. 17'"'' MlI-1l~<lO
East Shore
(717) 545.9540
(717) 545.8762
Office & Plant. (PO Box 6310) 101 Lincoln Street
Harrisburg, PA 17112
~,
Notary Public
ACTION IN
CUSTODY
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. QS.536 CIVIL lERM
CIVIL ACllON - LAW
IN CUSTODY
WILFRED FOUNTAIN and
CATHERINE FOUNTAIN,
Plaintiffs
Y.
CHRISTINA A. HENEGAR
and JOSE TORRES,
Defendants
ORDER OF COURT
AND NOW, this 5th day of
April, 200:5, upon considera-
tion of the attached Custody
Conciliation SUmmary Report,
M is hereby ordered arld dIrect-
ed as follows:
1. Legal Custody. Wilfred
Fountain and Catherine Foun-
tain, shall have prima~ legC!1
custody of the minor Chlkl, DI-
anne Torres, born June 2,
2000. They shall share the re-
sponsibility for decision mak-
Ing with tne child's Mother,
Christina A. Henegar, and to
the extent that they: are able to
establish communication with
the child's Mother, share re-
sponsibility for making deci-
SIOns regarding health, educ.
tion ana religious upbringing.
Major decisrons shall be dis-
cussed between the Mother
and the Plaintiffs jointly with a
view toward obtaining and fol-
lowing a harmoniouS polley In
the ehlld's best Interest. How-
ever, In the event of a dis-
agreement between the Plain-
tiffs and the Mother, with re-
gard to Issues of legal cus-
fody, the Plaintiffs shall have
the right to m.ke the final d~
elsiori; which decision shall be
subject fa review by a court of
competent jurisdiction. As the
~rsons with primary custody
61 the minor child, the Plain-
, tiffs shall have the right and
responsibility to enroll the
child in school and authorize
her medical care and treat-
ment.
2. Physical Custody. The
PIalnllffil, WIlfred Fountain and
Celherlne Fountain, shall have
prima!:)' physical custody of
the ehiKl subject to partial ell&-
todv with the Mother Christine
A. Ilenegar, as the parties may
~ounsel for the Plaintiffs
shall effect service of this
Order on the Defendant Moth-
er and file an Affidavit of $er-
vtoe promptly afIer service has
been completed.
4. Counsel for the Plaintiffs
is granted leave of c'ourt to
serve this Order on the Defen-
dant Father via publication In
II nPW'AnRnAI' of oeneral circu-
STATE OF PENNSYL V ANlA
COUNTY OF DAUPHIN
Before me, the subscriber, a Notary Public in and for the said County,
personally came Lisa M. Carnes who, being duly sworn, doth depose
and say that she is CLERK of THE PAXTON HERALD, a
newspaper of general circulation published in Harrisburg, Pennsylvania;
That THE PAXTON HERALD was established on the 28th day of
June, t 960, and has been published continuously since that date;
That the advertisement, of which a copy is attached hereto, was
published in the advertising columns Of~E PAXTON HERALD in
all respects as ordered in the issue(s) of~ /:~ .. .,,::>(',n~ .
Affiant further deposes that she is not interested in the subject matter of
the aforesaid notice or advertisement, and that the allegations in the
foregoing statement as to the time, place and character of publication
are true.
Sworn and subscribed before me this day of
A~ I 5 '005 A.D.
NOTARIAL S"AL
ROSlORr I KIMM"L
Notary Public
LOWIOR PAXTON TOWNSHIP
Mv COI DAUPHIN COUNTY
nrnJsslon Expires Jul 22. 2007