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HomeMy WebLinkAbout05-1544 ,.' JENNIFER J. LANG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. o5-lr '/'1 CIVIL ACTION - LAW MICHAEL T. KANN Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Jennifer J. Lang, an adult individual currently residing at 700 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michael T. Kann, an adult individual who resides at 77 Mountain Lane, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks an order of custody of the child, Hayden W. Kann, who was born on November 30, 2001. The child was not born out of wedlock. 4. The child is presently in Plaintiffs custody and resides with Plaintiff at the above address. 5. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Plaintiff and Defendant 77 Mountain Lane, Newburg, P A Birth to January 2003 Plaintiff 922 Rockledge Dr., Carlisle, P A Jan. 2003 to Oct. 2003 Plaintiff and Robert Lang (husband) 700 Yorkshire Drive, Carlisle, P A October 2003 to Present 6. Plaintiff is the natural mother of the child and currently lives with her husband and the child at the above address. 7. Defendant is the father of the child and it is believed he lives alone at the above address. ,J" 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by confirming full physical custody in Plaintiff because she has provided, will continue to provide and is best able to provide a stable, nurturing and loving environment for her son. Defendant has enjoyed reasonable visitation with his son but refuses to abide by a reasonable schedule in the exercise of his visitation. Defendant's refusal has resulted in unnecessary turmoil and disruption in the child's life and is harmful to his best interests, all of which can be avoided by adherence to an appropriate schedule. WHEREFORE, Plaintiff request your Honorable Court to set a time and place for a hearing at which Plaintiffs request the Court to grant her the Custody Order. MARTSON DEARDORFF WILLIAMS & OTTO B~~~~~ Edward 1. Schorp ,Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: March ,<3 , 2005 ~ VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Dated:~0~{){6 . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Complaint to Confirm Custody was served this date by depositing same in the Post Office at Carlisle, P A, first class certified restricted delivery mail, postage prepaid, addressed as follows: Michael T. Kann 77 Mountain Lane Newburg, P A 17240 MARTSON DEARDORFF WILLIAMS & OTTO By 'i () , c .. 't" L , , ..1- '-_ . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 23, 2005 -r> ~ (1 ~ Q. ~ ~ .f:/( -Jf:>n ~ ~:lJ (1'1fr, ~ ~ -. z.. :-"-: ii' rv -o~ -r- ~~;:-. Vo> 73 ~ ~::; 3-'t'i- "'C -;:. Z:;:!-l ';;?:. 0" ,,,0 - ~g - ...,,,;:;(0 ...c '"\J - (~::::?t ~ ~ z. ~ ~ rv cJ> "? 0 ~ 6 c,0 :r C1 ~ JENNIFER J. LANG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI v. 05-1544 CIVIL ACTION LAW MICHAEL T. KANN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 28, 2005 u_' upon consideration of th attached 'omplaint. it is hereby directed that parties and their respective counsel appear before Jacqueline M. Ve ney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _--'Iuesday, April 26, 2 05_____ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflort will be made to resol e the issu s in dispute; or if this cannot be accomplished, to define and narrOW the issues to be heard by the court. and to enter i to a temporary order. All children age five or older may also be present at the conference. Failure to appe r at the co provide grounds for entry of a temporary or permanent order. , The court hereby directs the parties to furnish any and all existing Protection f~Om Abus Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!?: FOR THE COURT, By: Is/ facqueh'neM. vemev'_Es~fF Custodv Conciliator I , I I , ference mav orders, The Court of Common Pleas of Cumberland County is required by law to Cl mply with the Americans with Disabilites Act of 1990. For information about accessible facilities and rea so nab e ace om dations available to disabled individuals having business before the court, please contact our ffice. All rrangements must be made at least 72 hOllrs prior to any hearing or business bef'Jre the eOllrt. YOll mllst alien the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCEIIF YOU 0 NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE tHE OFFIE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I Cumberland County Bar Association I 32 South BedJ()rd Street I Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~~?7l fP ~ ~'~ ~/ 5:2,?(:'>[' '-, 6 ,':2 ~ ~!i., 70 be' r ~F fp ~7;?W ~ ~ JV 6eE' , .\ ""\:'1:) 9 2~ :01 HV 6 (; ~n.nr.! SOal l,:"i;,'-., :~:L~i:F"! ,. (. lj.""3~):,~;::\)-Crnr:!. ~ RECEIVED JUN 287005 ;f' t JENNIFER J. LANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-1544 CIVIL TERM MICHAEL T. KANN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 28th day of June, 2005, the Conciliator not being contacted for more than 90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Mlt ine M. Verney, Esquire, Custod Conciliator }.j)!('~' o I :~ Hd 82: I:nr SOUZ "".J','.'-', ,,' ''''1:10 AbvL.....,'i""'!;-d_VlJi:j :lil j~)LHJ-O:n!~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ENNIFER J. LANG, v. NO. 05-1544 CNIL ACTION - LAW MICHAEL T. KANN, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Jennifer J. Lang, Petitioner, is an adult individuall residing at 700 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Michael T. Kann, Respondent, is an adult individual residing at 77 Mountain Lane, Newburg, Pennsylvania. 3. The parties are the parents of Hayden W. Kann, born November 30,2001. 4. A Custody Conciliation Conference was scheduled for April 26, 2005, before Jacqueline Verney, Esquire. 5. The Custody Conciliation was continued as the parties felt they had reached an agreement. 6. A Stipulation for an Agreed Order of Custody was prepared, but it was not signed by Respondent. 7. The parties cannot agree upon custody issues and Petitioner believes that a Custody Conciliation Conference is necessary for a Custody Order to be issued and is in the best interest of the child. WHEREFORE, Petitioner prays this Honorable Court to order and direct a Custody Conciliation Conference to be scheduled. ~ 4{~ By Je Date: VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The langnage ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 1>h F; \FJLES\DA T AFILEIGcneral\Current\9220.2.petition CERTIFICATE OF SERVIClB; I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Michael T. Kann 77 Mountain Lane Newburg, P A 17240 MARTSON DEARDORFF WILLIAMS & OTTO ~;;;t,/A7 14. {;J tl/f/klnrJ L~'ciaD. Eckemo d . - Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 12, 2005 \~ ~ "-J "- <:::> "C q \J \.r~ ~ \) 10 ~ \. ~ -,:){r~, r\'- \'-\ :;:~-?; tf'l-Y'" ~ s~_ ~~,:'~ J"$'~~ ~ Q. ~~ _om r:; -t~::b ::t~~\ ~~~ ~ -- ~ -' <;;?, ~ ~ cn !': > CR V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VICTORIA M. ESHENOUR, Plaintiff DANIEL A. ESHENOUR, Defendant : NO. 2005 -1411 : IN DIVORCE CIVIL CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day of July, 2005, by and between Victoria M. Eshenour (hereinafter referred to as "Mother") and Daniel A. Eshenour (hereinafter referred to as "Father"). WHEREAS, the parties are the natural pments of the children, Isaac D. Eshenour. born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour. born September 29, 2000 (hereinafter referred to as "children"); and, WHEREAS, the parties are separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agr'ee as follows: 1. Mother and Father shall have shared legal custody of the children. 2. The parties shall share physical custody of the children as follows. During the school year: (A) Mother shall have physical custody of children on Sundays from 5:30 p.m. (except every 3rd Sunday of each month when she shall receive them at 8:30 a.m.) through Thursday at noon. (B) Father shall have physical custody of children on Thursdays at noon through Sundays at 5:30 p.m. ( except every 3rd Sunday of each month when Mother receives the children at 8:30 a.m.). During the children's summer vacation: Beginning the first full week that the children have vacation from school, the parties will share physical custody on an alternating weekly schedule. During Mother's week of physical custody, Father will have children one evening from the time he returns home from work until 9:00 p.m. and also Friday from 8:30 a.m. until 5:00 p.m. when Mother is at work. On Father's week of custody, Father will drop children off at Mother's home on Mother's two days off of work and will pick children up at the conclusion of Father's work day at approximately 5:00 p.m. 3. On Thanksgiving, Christmas, Easter and the children's birthdays, each party will be entitled to spend one-half of the day with children and the children shall be exchanged at 2:00 p.m. 4. Each party shall be entitled to a one week, uninterrupted vacation with the children each year. 5. The parties shall not do anything which may estrange Children from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 6 . The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 1. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: ~f,fvJ I /J/ -/ {--7' ~ f/~~(1! I ;fAt /I /II UJ #1ft{A Victoria M. Eshenour ~{.f:l~ maslDomesticlEshenourlcustody.stp Cl <:;'- ~~lt~' r-5 '2-" <.r> ~ 'if; "c ~~~\'~'" l~=;. ~, -"- - r" q. ~~ h'J 1',C( f:..),(). :~," :;{ tS t'> ~Z-\'1"\ "0 _1 -Z :9. ~ ~ <..0' .' ;t;:' -- - JENNIFER J. LANG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 05-1544 CIVIL ACTION LAW MICHAEL T. KANN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August ]8, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Thursday, September 22, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or jf 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 pennanent order. The court hereby directs the parties to furnish llny and all existing )'rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT, By: Isl Tacqueline M. Verney, Esq. Custody Conciliator rP The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites Act of 1990. For infonnation 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 A HORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~~-$w -~~.7 30.90" . ,A':' ~ ".o~'''>rW ~/?u (", NiIJV ~ _ - ,.c-14, ....-(;1 l'e.;;B. ~""~. p ~ ~~- ~ 5O'C'(>3 - """'1' "I~il\:\--:A.,I,', '\>;i\i,,'~'~~., c,',' :) \ ':'~ <' '. .c, ""-,.,.,, ~'~~. ,.-,,.In I i Nr:.rJ~"" ,i -,>;- I, . ",:~~/ 'Jj (\j", ,,' 90 :8 Hd 8<: :JfW SOUl Al:NIONOHIObd 3Hl .:10 3:)I:J::lO-0311~ II Jennifer J. Lang, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-1544 CIVIL TERM Michael T. Kann, Defendant : CIVIL ACTION - CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY AND NEW MATTER AND NOW COMES, Tracey M. Kann, aka, Michael T. Kann defendant, by his Attorney, Galen R. Waltz, Esquire who avers as follows: ANSWER TO PETITION 1. Admitted 2. Admitted and by way of further response, the defendant's name is Tracey M. Kann, aka, Michael T. Kann. 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted NEW MATTER 8. Paragraphs 1-7 are incorporated herein as if fully set forth. 9. Plaintiff, Petitioner has been unemployed since October 2004 as a result of her voluntarily quitting her full time position at Vaulk Manufacturing, New Kingston, Pennsylvania. 10. Petitioner has been treating for mental health issues since approximately 1999 to the present with diagnoses believed to be Dementia, Depression and Co- dependency. II 11. Because of the volatile, dictatorial, and controlling actions of the Petitioner, custody exchanges need to occur in a public setting such as Saylor's Market, Newville, Pennsylvania. 12. Petitioner fails to discuss with the Respondent the child's educational future as well as the various cost that may accrue as a result of Petitioner's arbitrary decision making. 13. Petitioner fails to provide consistent discipline with the child that would effectively support Respondent's attempts to promote proper conduct with the child. 14. Petitioner is obstructive and uncooperative when Respondent attempted to notify of July 2005 vacation plans which were intended to include the child but had to be aborted as a result of Petitioner's refusal to cooperate in the best interest of the child. 15. Petitioner derides, negatively attacks, and otherwise "bad mouths" Respondent in front of the child and in ear shot of the child. 16. Frequently, Respondent has requested additional time with his child and the Petitioner either refuses to provide that extra time with out reasonable basis or will allow that time with the provision that the Respondent relinquishes a future custody date that the Respondent is to have custody of the child. 17. Petitioner's manipulation, obstructionist, unreasonableness and unwillingness to make joint educational and medical decisions for the child is not in the child's best interest. Therefore, the Respondent requests that this Honorable Court Issue an Order not only for Joint Legal Custody but also for Shared Physical Custody of the child. ~!~K Date II VERI FICA TION I verify that the statements made in the foregoing Answer to the Petition For Custody and New Matter 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. 8-dO'D~ Date ~~% '--Tracey . Kann II 'I CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition to Modify Custody and New Matter, upon Jennifer Spears, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the .rf'/ fJ. day of ,4 "d v!:. f ,2005, from Carlisle, Pennsylvania, addressed as follows: Jennifer Spears, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 TURO LAW OFFICES o ~:_; ....., ...-::;:-"l c;::) c.r> ". r- G? ", ,J:'. ~ ~ n1pJ -om :,,0 '~) 1. --le) ,'or' -~- .::;.....1 \:;('") i'o::c,f'n ::~~ ':J.:J -< ~ r:-:? ,1:";- 1..0 d~ .{RECEIVED SEP 19 200S' JENNIFER J. LANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-1544 CIVIL TERM MICHAEL T. KANN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Jo~daYOf ~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jennifer J. Lang and the Father, Michael T. Kann, shall have shared legal custody of Hayden W. Kann, born November 30, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child as follows: A. Alternating weekends from Friday at 4:00-5:00 p.m. to Monday at 8:30 a.m. B. Every Tuesday from 5:00 p.m. to Wednesday at 8:30 a.m. C. Such other times as the parties agree. 4. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to Friday at 9:00 a.m. 5. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 6. Transportation shall be shared such that the parties shall exchange custody at the home of the maternal grandmother. 7. The parties shall cooperate with a custody evaluation to be conducted by Dr. Stanley Schneider. They shall share the expense of said evaluation, paying for the charges associated with their portion of the report. 8. Neither party shall do or say anything, or permit a third party from doing or saying anything that 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. 9. 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. Either party may contact the Conciliator to schedule another conference once the custody evaluation is completed. J. cc~ifer 1. Spears, Esquire, Counsel for Mother ,..xralen R. Waltz, Esquire, Counsel for Father v~~ ~~-o' q'~ o . , \f;f\jij/\l/'ShH+~d I ''In(Yl " .",'~U:'3;,\ln" 1'UJ'I'lv'I,,' ',.'" ,"..f.,~ 10,.} S8:IIWlJ 02d3SS00Z Al:N'lONOH10od 3Hl ;lO 3:)1:l~(}-(]311:J I JENNIFER J. LANG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-1544 CIVIL TERM MICHAEL T. KANN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 Hayden W. Kann November 30,2001 Mother 2. A Conciliation Conference was held in this matter on September 16,2005, with the following individuals in attendance: The Mother, Jennifer J. Lang, with her counsel, Jennifer L. Spears, Esquire and Father, Michael T. Kann, with his counsel, Galen R. Waltz, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 9-/1 -0 S~ Date ~!hlk~. acqu ine M. Verney, Esquire 0 Custody Conciliator .... i JENNIFER J. LANG, Plaintiff SEP 2 8 2006 y __ _~ [i!( - _~_~, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1544 CIVIL ACTION LAW MICHAEL T. KANN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 26th day of September, 2006, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, y Conciliator \:iIN\f.!\li\Sh!:{jd 1 I N!n,~,'-, ('1\ '-"'~Ir.'ni"'\ I\_L ~. ;',,-', - ' .-- '.~;t!'lf. V OS :2 l',!d 82 d3S 900l ^t!VLCi'~':)H.1C'Jd 3Hl :10 :~Jr:!,j{:~"-(J3113