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HomeMy WebLinkAbout02-0918 NM0 SHANNON GAIL ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2002 — 918 CIVIL TERM — LAW CHRISTOPHER SCOTT HEINBAUGH, Defendant : IN CUSTODY ccza- - rn -- PETITION TO MODIFY CUSTODY ORDER rn AND NOW comes the Plaintiff, Shannon Gail Robinson, by and throu (xi counsel, Abraham Prozesky, and files this Petition to Modify an existing custod er and respectfully avers as follows: c.) 727, 1. Plaintiff, Shannon Gail Robinson (hereinafter "the Mother"), formerly Heinbaugh, resides at 128 Springfield Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, Christopher Scott Heinbaugh (hereinafter "the Father"), currently resides at 9 Buttonwood Lane, Carlisle, Cumberland County, PA 17015. 3. Mother and Father are the natural parents of: Courtney Nicole Heinbaugh, born January 9th, 2000 (14 years old). 4. Mother and Father were married on October 20, 1998 and out of this marriage, Courtney was born in Carlisle, Cumberland County, Pennsylvania, 17013. 5. Courtney is presently in the primary physical custody of Mother at 128 Springfield Road, Newville, Cumberland County, Pennsylvania, 17241. 6. An Order as to custody was entered with regard to Courtney on February 28, 2002 by the Honorable J. Wesley Oler, Jr. w:Opd tIA5 3 ee) reS" 7. Pursuant to the aforementioned order, the parties share legal custody and Mother has primary physical custody with Father having periods of physical custody every alternating weekend and certain holidays. 8. Father is not currently represented or it is unknown who represents him. 9. Mother is represented by Abraham Prozesky, undersigned counsel. 10. Mother has no information of another custody proceeding, concerning Courtney, pending in a Court of this Commonwealth or any other Court of Law. 11. Mother does not know of a person not a party to the proceedings who has physical custody of Courtney or claims to have custody or visitation rights with respect to Courtney. 12. The best interest and permanent welfare of Courtney will be served by granting the relief requested because: a. Mother is the only care giver of Courtney. b. Courtney needs Mother to maintain a healthy physical, intellectual and spiritual well-being. 13. Each parent whose parental rights to Courtney have not been terminated and the person who has physical custody of Courtney have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of Courtney will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 14. A copy of this Complaint was sent to Father by certified mail, marked restrictive delivery. WHEREFORE, Plaintiff, respectfully requests that she be given sole legal and physical custody. RESPECTFULLY SUBMITTED ABRA • ZESKY, ESQ. Attorney 209787 1195 G oway Lane Harris urg, PA 17111 Tel: (7 ) 982-1532 VERIFICATION The above-named Plaintiff, Shannon Gail Robinson, verifies that the statements made in the attached Petition to Modify Custody Order are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: g aut4 Shannon Gail Robinson SHANNON GAIL ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - gifc CIVIL TERM CHRISTOPHER SCOTT HEINBAUGH : Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION • en < 7,„ I, Shannon Gail Robinson, hereby swear or affirm, subject to penalties of1ai1uig 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges 18 Pa.C.S. Ch. 25 El (relating to criminal homicide) 0 18 Pa.C.S. § 2702 0 0 (relating to aggravated assault) EJ 18 Pa.C.S. § 2706 0 (relating to terroristic threats) 18 Pa.C.S. 2709.1 0 0 (relating to stalking) Check Crime all that apply Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. § 2901 0 (relating to kidnapping) O 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. § 2903 (relating to false imprisonment) 18 Pa.C.S. § 2910 0 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. § 3121 0 0 (relating to rapel 18 Pa.C.S. § 3122.1 0 0 (relating to statutory sexual assault) 18 Pa.C.S. § 3123 0 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 0 (relating to sexual assault) Check - Crime all that apply Sel Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges O 18 Pa.C.S. § 3125 0 0 (relating to aggravated indecent assault) 18 Pa.C.S. * 3126 0 (relating to indecent assault) 18 Pa.C.S. § 3127 0 (relating to indecent exposure) O 18 Pa.C.S. § 3129 0 (relating to sexual intercourse with animal) O 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) O 18 Pa.C.S. § 3301 (relating to arson and related offenses) O 18 Pa.C.S. § 4302 0 (relating to incest) O 18 Pa.C.S. § 4303 (relating to concealing death of child) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges O 18 Pa.C.S. § 4304 (relating to endangering welfare of children) 18 Pa.C.S. § 4305 0 0 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) 0 0 (relating to prostitution and related offenses) 18 Pa.C.S. §5903(b)/(d) 0 frelating to obscene and other sexual materials and performances) O 18 Pa.C.S. § 6301 frelating to corruption of minors) 18 Pa.C.S. § 6312 0 0 (relating to sexual abuse of children) 18 Pa.C.S. § 6318 0 (relating to unlawful contact with minor) O 18 Pa.C.S. § 6320 0 0 (relating to sexual exploitation of children) Check Crime all that apply Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 23 Pa.C.S. § 6114 El El (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Self Other household member Date Check all that apply Other: Self Other household member Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. \elan mn Printed Name Q013 Date SHANNON GAIL ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,, PENNSYLVANIA v. : No. 2002 — 918 CIVIL TERM — LAW CHRISTOPHER SCOTT HEINBAUGH, : IN CUSTODY --0 ; AFFIDAVIT OF SERVICE {°' ;.. � - x c -Tt v C) I hereby certify that I am this 4th day of March, 2014 serving the followi g ; —_•' documents: A. Plaintiff's Motion to Modify Custody Order & Verification B. Criminal Record / Abuse History Verification & Proposed order upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Mr. Christopher S. Heinbaugh, pro se Defendant, 9 Buttonwood Lane, Carlisle, Pennsylvania, 17015 by: a. U.S. First Class Mail, postage pre -paid at the foregoing address b. Email at address N/A c. Fax at N/A I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: 3y 2--4 �y Abraha,. 'pesky, Esquire Attorn- or Plaintiff PA I P # 209787 1195 alloway Lane Harrisburg, PA 17111 Tel: (717) 982 -1532 SHANNON GAIL ROBINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 2002-918 CIVIL ACTION LAW CHRISTOPHER SCOTT HEINBAUGH • IN CUSTODY • DEFENDANT . ORDER OF COURT AND NOW, Friday, March 07,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr., Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,April 01,2014 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ John J. Mangan,Jr.,Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEUQW,T,O FIND OUT WHERE YOI.1 CAN GET LEGAL HELP. `=. C I' Cumberland County Bar Association rn Ill_'.: 1. t gS / ( y 32 South Bedford Association t '� /9• ��zSkJ Carlisle, Pennsylvania 17013 rte„ --.► �/, I Telephone (717) 249-3166 >. 7 Lug k..... .1. inkl Jam, ) `.`:' 1424477// SHANNON GAIL ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2002 — 918 CIVIL TERM — LAW CHRISTOPHER SCOTT HEINBAUGH, Defendant : IN CUSTODY AFFIDAVIT =' rn I hereby certify that I am this 3rd day of April, 2014 serving the following do'' nts%° 73c; CrA A. Petition to Modify Custody Order ripe, Qs-te.,4 cA fp B. Verification C. Notice of Conciliation Date (April 18, 2014), Time (10:00 A.M.) and Address (17 W. South Street, Carlisle, PA 17013). upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Mr. Christopher S. Heinbaugh, 333 Old Mill Road, Carlisle, PA 17015 by: a. U.S. First Class Certified Mail, marked restricted delivery, postage pre - paid at the foregoing address. Proof is attached as Plaintiff's Exhibit "1". b. Email at address N/A c. Fax at N/A I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Lf" 3/2 �! Z► Respectfully submitted, Abr.'` a =i'Proze , Esquire Attorney f•.. ' laintiff PAID # 09787 1195 alloway Lane Harrisburg, PA 17036 Tel: (717) 982 -1532 SHANNON GAIL ROBINSON, Plaintiff v. CHRISTOPHER SCOTT HEINBAUGH, Defendant nJ a a : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , : No. 2002 - 918 CIVIL TERM - LAW : IN CUSTODY PROOF OF SERVICE U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come 112 F'1"C DA , \VSk1 911. iiij[[ 'F rii i n /44 -,..7.31/ 0' 9 c �lr. r j -* Prostmark o\. i? • 1 ;)Here 1, d ii 1.7. s 11.1111.-Mill 4 Q'S'n Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent aka, vo.: 3 33 Q(� or PO O Box Box No. City, State, ZIP+4 n PS Form 3800, August 2006 See Reverse for Instructions Tracking Number: 70121640000107828753 Expected Delivery Day: Friday, April 4, 2014 Product & Tracking Information Postal Product: First -Class Mail® DATE 8 TIME April 4, 2014, 11:35 am April 4, 2014 , 9:05 am April 4, 2014 , 8:55 am April 4, 2014 , 6:39 am April 3, 2014 , 7:04 pm April 3, 2014 , 1:36 pm Features: Certified Mail'. Return Receipt STATUS OF ITEM Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrival at Unit Dispatched to Sort Facility Acceptance Restricted Delivery LOCATION • CARLISLE, PA 17015 CARLISLE, PA 17013 CARLISLE, PA 17013 CARLISLE, PA 17013 HARRISBURG, PA 17112 HARRISBURG, PA 17112 Available Actions USPS Text Tracking^" Email Updates Ylaii tT s LxhMit "1" 0\ SHANNON GAIL ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2002 —918 CIVIL TERM — LAW CHRISTOPHER SCOTT HEINBAUGH, Defendant : IN CUSTODY AFFIDAVIT I hereby certify that I am this 14`h day of April, 2014 serving the following documents: A. Petition to Modify Custody Order B. Verification C. Notice of Conciliation Date (April 18, 2014), Time (10:00 A.M.) and Address (17 W. South Street, Carlisle, PA 17013). upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Mr. Christopher S. Heinbaugh, 333 Old Mill Road, Carlisle, PA 17015 by: a. U.S. Ordinary Mail, postage pre -paid at the foregoing address. Proof is attached as Plaintiff's Exhibit "2 ". At the time of filing this affidavit, the aforementioned letter was not returned. b. Email at address N/A c. Fax at N/A I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: w ltifZoRI Respectfull :�, . mitted, Abr a Pro y, Esquire Attorney Plaintiff PA ID 209787 1195 Galloway Lane Harrisburg, PA 17036 Tel: (717) 982 -1532 LA .Mr. Abrakam Prozesky 1195 Galroway.l.n 9-farrisburg, P.21 17111 4or 4 r. ? 3.? Old in I) . carg- e i3-0)-s-- SHANNON GAIL ROBINSON, Plaintiff v. CHRISTOPHER SCOTT HEINBAUGH, : Defendant Prior Judge: J. Wesley Oler, Sr.J. ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS,YLY NIA No. 02-918 CIVIL ACTION DOI IN CUSTODY csa b c -< OF COURT 4 AND NOW this day of May 20 Conciliation Report, it is Ordered and Directed as cn 14, upon consideration of the attached Custody follows: -i rr c C_ CD 1. Legal Custody: The Mother, Shannon Robinson, shall have sole legal custody of Courtney N. Heinbaugh, born 01/09/2000. The Mother shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 8. In the event either party, specifically Father, desires to alter the terms of the instant Order, that party must file a petition to modify the custody arrangement. 9. This Order is entered pursuant to 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 shall control. By the Court, Distribution: Abraham Prozesky, Esquire iistopher Heinbaugh, 333 Old Mill Rd., Carlisle, PA 17013 hn J. Mangan, Esquire patek s/qpi SHANNON GAIL ROBINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-918 CIVIL ACTION LAW CHRISTOPHER SCOTT HEINBAUGH, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Sr.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Courtney Nicole Heinbaugh 01/09/2000 Primary Motlie'r 2. A stipulated Order was issued 02/28/2002. A Conciliation Conference was held.: ith regard to this matter on April 18, 2014 with the following individuals in attendance: The Mother, Shannon Robinson, with her counsel, Abraham Prozesky, Esq. The Father, Christopher Heinbaugh, self represented party did not appear 3. The undersigned recommends the entry of an Order in the form as attached. DY/2 ilifY John Cus 'fan, Esquire onciliator