HomeMy WebLinkAbout05-5466
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
VINCENT G. SOUTH,
Defendant
: CIVIL ACTION - LAW
: NO. 2005- CIVIL TERM
: CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW comes the Petitioner, Erin F. Minnier, by her anomey, Stacy B. Wolf, Esquire, and files
this petition for special relief respectfully representing as follows:
1. The plaintiff is Erin F. Minnier, an adult individual residing at 144 Springfield Road,
Newville, Gunberland County, Pennsylvania 17241.
2. The defendant is Vincent G. South, an adult individual with a mailing address of P.O. Box
177, Bowmanstown, Cubon County, Pennsylvania 18030.
3. The plaintiff and defendant are the natural parents of two minor children, namely:
Name
Valarie D. South
Present Residence
144 Springfield Road
Newville, PA 17241
144 Springfield Road
Newville, PA 17241
Age
3 years
D.O.B.5/24/2002
Patrick J. South
1 year
D.O.B. 10/22/2003
4. The children are presently in the custody of plaintiff but resided with both parents from the
time of birth until on or about October 18, 2005 when Mother left the residence. Since that time, the
children have been in the custody of the Mother.
5. Until October 18, 2005, Mother had been living with Father and Father's wife for
approximately five years. Father and Father's wife convinced Mother to orally agree to be a surrogate
motherto the oldest child, Valarie. After the oldest child's birth, Mother and Father continued to have
intimate relations resulting in the birth of the youngest child, Patrick Mother, Father, and Father's wife
orally agreed to all be responsible for raising both children. Father, born in 1957, took advantage of
Mother, born in 1981, in convincing her to be a surrogate mother, to live with Father and Father's wife,
and to continue intimate relations with her following the birth of the oldest child, Valarie. Father and
Father's wife refused to let Mother leave the house alone except for the rare visit to one nearby friend's
house for the five years she lived with them. Mother has realized that she was in a horrible, emotionally
abusive situation and has removed herself and the children from such situation as of October 18, 2005.
6. Due to the nature of the relationship among Father, Father's wife, and Mother, and the
control Father and Father's wife had over Mother, Mother believes that Father and Father's wife will
come to her current residence, that they are aware of, and attempt to take the children back to Carbon
County.
7. Prior to October 18, 2005, the children were living in Father's wife's sister's single-wide
trailer with Father, Father's wife, Father's wife's sister, Mother, five cats, and 1 dog. The children were
living in Father's wife's sister's trailer because Father and Father's wife had been evicted from their
prior residence and had filed for bankruptcy. These substandard living conditions present a detriment
to the children's physical and emotional well-being.
8. Mother believes and therefore avers that it would be in the best interests of the children for
this Court to issue an Order for Special Relief, directing Father not to remove the children from the
primal)' custody of Mother, to prevent the children from being removed from the jurisdiction before a
conciliation conference can be held on this matter.
9. Mother has, this date, initiated an action in Custody by the filing of a complaint with the
Court.
WHEREFORE, Petitioner, Erin F. Minnier prays this Honorable Court enter a Temporary Custody
Order directing Respondent, Vincent G. South, not to remove the children from the primal)' custody
of Petitioner or from this jurisdiction, pending further Order of Court, and directing the Court
Administrator's office to schedule an expedited custody conciliation conference to address the issues
raised in this matter.
Dated: October Ji, 2005
Respectfully submitted,
s~-&~~
37 South Hanover Street
Suite 201
Carlisle, PA 17013
Supreme Court LD. No. 88732
(717) 241-4436
Attorney for Plaintiff
VERIFICATION
I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct
to the best of my knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsification to authorities.
October Ji, 2005
0e:-'
t~-y, ~.
Erin F. Minnier
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
v.
VINCENT G. SOUTH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005- CIVIL TERM
: CUSTODY
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have selVed a true and correct copy of Petition for Special Relief
upon the following person and in the matter indicated:
SERVICE BY U.S. MAIL:
Vincent G. South
P.O. Box 177
Bowmanstown, P A 18030
October f f, 2005
By:
WOLF & WOLF
d!::.r!1:~
Attorney for Plaintiff
37 South Hanover Street, Suites 201-202
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
~~~
'&clt
<../)
\ 0-
5J
~
--..
~
~
~
~
.
~,
C',:) C)
. ~'11
~~.J ,
c~ :-;:1
CO' ri"l
....~J
~
..
C')
. '-.!:J
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
VINCENT G. SOUTH,
Defendant
: CIVIL ACTION - LAW
: NO. 2005-5'Y?(. CIVIL TERM
: CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the plaintiff, Erin F. Minnier, by her attorney, Stacy B. Wolf, Esquire, and
presents the following complaint for custody, representing as follows:
1. The plaintiff is Erin F. Minnier, an adult individual residing at 144 Springfield Road,
Newville, Onnberland County, Pennsylvania 17241.
2. The defendant is Vincent G. South, an adult individual with a mailing address of P.O. Box
177, Bowmanstown, Carbon County, Pennsylvania 18030.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Age
Valarie D. South
144 Springfield Road
Newville, PA 17241
144 Springfield Road
Newville, PA 17241
3 years
D.O.B.5/24/2002
1 year
D.O.B. 10/22/2003
Patrick J. South
4. Plaintiff and defendant are the natural parents of the children.
5. The children were born out of wedlock
6. The children are presently in the custody of plaintiff but resided with both parents from the
time of birth until on or about October 18, 2005 when Mother left the residence. Since that time, the
children have been in the custody of the Mother.
7. The parties have never been married to one another.
8. The mother of the children is currently single.
9. The father of the children is currently mamed.
10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the children in this or another court.
11. Plaintiff has no infonnation of a custody proceeding concerning the children pending in a
court of this Commonwealth or any other state.
12. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
13. Until October 18, 2005, Mother had been living with Father and Father's wife for
approximately five years. Father and Father's wife convinced Mother to orally agree to be a surrogate
mother to the oldest child, Valarie. After the oldest child's birth, Mother and Father continued intimate
relations resulting in the birth of the youngest child, Patrick Mother, Father, and Father's wife orally
agreed to all be responsible for raising both children. Father, born in 1957, took advantage of Mother,
born in 1981, in convincing heno be a surrogate mother, to live with Father and Father's wife, and to
continue intimate relations with herfollowing the birth of the oldest child, Valarie. Father and Father's
wife refused to let Mother leave the house alone except for the rare visit to one nearby friend's house
for the five years she lived with them. Mother has realized that she was in a homble, emotionally
abusive situation and has removed herself and the children from such situation as of October 18, 2005.
14. Despite the oral agreement of surrogacy, Mother was and stilI is the primary caretaker of the
children and such role was never filled by Father's wife.
15. Due to the nature of the relationship among Father, Father's wife, and Mother, and the
control Father and Father's wife had over Mother, MOther believes that Father and Father's wife will
come to her current residence, that they are aware of, and attempt to take the children back to Carbon
County.
16. Prior to October 18, 2005, the children were living in Father's wife's sister's single-wide
trailer with Father, Father's wife, Father's wife's sister, Mother, five cats, and one dog. The children
were living in Father's wife's sister's trailer because Father and Father's wife had been evicted from
their prior residence and had filed for bankruptcy. These substandard living conditions present a
detriment to the children's physical and emotional well-being.
17. The best interests and permanent welfare of the children will be seIVed by granting the
relief requested herein.
18. Defendant has resided in Carbon County for approximately five years.
19. Plaintiff has always lived in the Newville area, and herfamily resides in the area, with the
exception of the past five years she lived with Father and Father's wife in Carbon County.
20. Mother has friends and strong ties to the area.
21. Plaintiff fears that if Defendant is permitted to remove the children from the
jurisdiction that she will be extremely limited in the opportunities she has to be with the children and
will thus result in the children becoming alienated from plaintiff. Further, Plaintiff fears that if the
children are taken out of her primatycustody, theywill be subject to the same emotional abuse and
isolation that Mother was subject to when she lived with Defendant and Defendant's wife.
22. Plaintiff, a stay at home mother, has been the children's primary caregiver since birth.
23. Plaintiff is residing with her parents, who have sufficient means to care for the welfare of
the children. Father and Father's wife are without sufficient means to provide for the children's
support.
24. Plaintiff acknowledges the need for the children to have a relationship with defendant and
will, if given the opportunity, work to reinforce that relationship provided protection is in place for the
welfare of the children and Father agrees to anend parenting classes.
25. Bydefendant's own actions, he has demonstrated that he is not inclined, nor is he likely to
take steps to support and nurture the relationship between the plaintiff and the children. Evidence of
this is found in the fact that Mother's parents did not meet the children until two weeks prior to this
filing.
WHEREFORE, for the reasons set forth herein, plaintiff, Erin F. Minnier respectfully
requests that the Court enter an order granting primary physical custody of the children to the plaintiff.
Dated: October J!l, 2005
Respectfully submitted,
!,:~~qiLM-fj -
37 South Hanover Street
Suite 201
Carlisle, PA 17013
Supreme Court I.D. No. 88732
(717) 241-4436
Attorney for Plaintiff
VERIFICATION
I do hereby verify that the facts set forth in this complaint are true and correct to the best of my
information and 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.
October ~, 2005
c/ ~~ '
e~ I/~-
Erin F. Minnier
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
v.
VINCENT G. SOUTH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005- CIVIL TERM
: CUSTODY
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have served a true and correct copy of Complaint for G1stodyupon
the following person and in the matter indicated:
SERVICE BY U.S. MAIL:
Vincent G. South
P.O. Box 177
Bowmanstown, PA 18030
October 112005
By:
WOLF & WOLF
f)
- ..~-1?J.~
STACY B. WOLF, ESQUIRE
Attorney for Plaintiff
37 South Hanover Street, Suites 201-202
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
~~~
"", .
c{f'
(}. -.,
c::,J --
--
~,
~
o
~
..-S........
....j
-S::\
c;
( )
C)
-n
~
\:"1
'j)
(;'?
Ut
o
OC~005
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005-~'1.(.,CIVIL TERM
: CUSTODY
ERIN F. MINNIER,
Plaintiff
VINCENT G. SOUTH,
Defendant
~RDER OF COURT
NOW this ~ day of October, 2005 upon consideration of the Attached Petition for Special
Relief, the following Order is hereby issued:
1. Pending a custody conciliation conference in this matter, primary physical custody shall be
with Mother.
2. Pending further Order of GlUrt, Father is specifically directed not to remove the child from
the primary custody of Mother or from this jurisdiction.
...:.:::r
3. The Court Administrator's office is directed to schedule - - , r l.l conciliation
conference to fully address that presented in this matter.
/'
/
.-
By the, Q.oiirt,
\. "-I /
Ii
f~ 5<.n;Lb-.1v ;Jc.LlUnLJ
~ ~ tu.+t.
~
~
/trftj-6S
(;&01 0:1 19 ~ov')"
Prol~DlkOi1ot,,",rJ C"M~ Co-
I</l'tH
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
VINCENT G. SOUTH,
Defendant
: CIVIL ACTION - LAW
: NO. 2005- CIVIL TERM
: CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW comes the Petitioner, Erin F. Minnier, by her attorney, Stacy B. Wolf, Esquire, and files
this petition for special relief respectfully representing as follows:
1. The plaintiff is Erin F. Minnier, an adult individual residing at 144 Springfield Road,
Newville, Gunberland County, Pennsylvania 17241.
2. The defendant is Vincent G. South, an adult individual with a mailing address of P.O. Box
177, Bowmanstown, Carbon County, Pennsylvania 18030.
3. The plaintiff and defendant are the natural parents of two minor children, namely:
~
Valarie D. South
Present Residence
144 Springfield Road
Newville, PA 17241
Age
3 years
D.O.B.5/24/2002
PatrickJ. South
144 Springfield Road
Newville, PA 17241
1 year
D.O.B. 10/22/2003
4. The children are presently in the custody of plaintiff but resided with both parents from the
time of birth until on or about October 18, 2005 when Mother left the residence. Since that time, the
children have been in the custody of the Mother.
5. Until October 18, 2005, Mother had been living with Father and Father's wife for
approximately five years. Father and Father's wife convinced Mother to orally agree to be a surrogate
mother to the oldest child, Valarie. After the oldest child's birth, Mother and Father continued to have
intimate relations resulting in the birth of the youngest child, Patrick Mother, Father, and Father's wife
orally agreed to all be responsible for raising both children. Father, born in 1957, took advantage of
Mother, born in 1981, in convincing herto be a surrogate mother, to live with Father and Father's wife,
and to continue intimate relations with her following the birth of the oldest child, Va1arie. Father and
Father's wife refused to let Mother leave the house alone except for the rare visit to one nearby friend's
house for the five years she lived with them. Mother has realized that she was in a horrible, emotionally
abusive situation and has removed herself and the children from such situation as of October 18, 2005.
6. Due to the nature of the relationship among Father, Father's wife, and Mother, and the
control Father and Father's wife had over Mother, Mother believes that Father and Father's wife will
come to her current residence, that they are aware of, and attempt to take the children back to Carbon
County.
7. Prior to October 18, 2005, the children were living in Father's wife's sister's single-wide
trailer with Father, Father's wife, Father's wife's sister, Mother, five cats, and 1 dog. The children were
living in Father's wife's sister's trailer because Father and Father's wife had been evicted from their
prior residence and had filed for bankruptcy. These substandard living conditions present a detriment
to the children's physical and emotional well-being.
8. Mother believes and therefore avers that it would be in the best interests of the children for
this Coun to issue an Order for Special Relief, directing Father not to remove the children from the
primary custody of Mother, to prevent the children from being removed from the jurisdiction before a
conciliation conference can be held on this matter.
9. Mother has, this date, initiated an action in Custody by the filing of a complaint with the
Coun.
WHEREFORE, Petitioner, Erin F. Minnier prays this Honorable Coun enter a Temporary ClJstody
Order directing Respondent, Vincent G. Somh, not to remove the children from the primary custody
of Petitioner or from this jurisdiction, pending further Order of Court, and directing the CoUrt
Administrator's office to schedule an expedited custody conciliation conference to address the issues
raised in this matter.
Dated: October fl, 2005
Respectfully submitted,
s~1}~
37 South Hanover Street
Suite 201
Carlisle, P A 17013
Supreme Court I.D. No. 88732
(717) 241-4436
Attorney for Plaintiff
VERIFICATION
I, the undersigned, do hereby verify that the facts set fonh in this petition are true and correct
to the best of my knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsification to authorities.
October ii, 2005
~ 0e:-~
~7 ~~
Erin F. Minnier '
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
v.
VINCENT G. SOUTH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
: NO. 2005- CIVIL TERM
: CUSTODY
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have served a true and correct copy of Petition for Special Relief
upon the following person and in the maner indicated:
SERVICE BY U.S. MAIL:
Vincent G. South
P.O. Box 177
Bowmanstown, PA 18030
October f r, 2005
By:
WOLF & WOLF
~~
13, r-
STACY B. OLF, ESQUI
Attorney for Plaintiff
37 South Hanover Street, Suites 201-202
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court LD. No. 88732
~~"P
'JcJ
~ Q--
6J
22
--.,.
~
..,.s:)
~
~
!,,~.J
.--~ \~-?\
~
ri'i
~.. \.."
\...:)
c.)
ERIN F. MINNIER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
v.
05-5466
CIVIL ACTION LAW
VINCENT G. SOUTH
DEFENDANT
IN CUSTODY
ORDER OF COllRT
AND NOW.__ Wedn_esday, October 2~,}()05___
, upon consideralion of the attached Complaint.
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator,
at 4tb_Floor,<=."mberland Co_u~ty-<=ourt"--o~se,_Carlisle _ on _ ____"I"lJu.r.~d_ay'--[)e,,~111ber 01_,2005 at 8:30 AM
for a Pre-l'Iearing Custody Conference. At slIch conference, an effort v.'ill be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narro\v the issues to be heard by the COLlrt, 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 mav
provide grounds for entry of a temporary or pennanent 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 hearin!!.
FOR THE COURT.
By:
/s/
lac;queline jjf. VerneXLEE,_
Custody Conciliator
{V'
.. fJf--
The Court of Common Pleas of Cumberland Coullty is required by law to comply with the Americans
with Disahilites 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
mllst 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 :\01'
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEpHO:\E THE OFFICF SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
3" South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
. 7T~??11r ~~/4;; 50S('~'
,lIlr/ ~ /iY'#f/ .rJL, so. ,3e il/
#-('1 fr'.P ~ h&tll"'? 50 $(';/
::: -'~: ::j " : ;, J '- ';'
,';1
-", ,-~ -,
WOLF & WOLF
PHONE
717-241-4436
ATTORNEYS AT LAw
37 Som HANOVER STREET
SUITES 201-202
CARuSLE,PENNSYLVANIA 17013
STACY B. WOLF
NATHAN C. WOLF
FACSIMILE
717-241-4437
December 2, 2005
T aryn Dixon, Court Administrator
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, PA 17013
Re: Minnier v. South
No. 2005-5466 Civil Term
Dear Ms. Dixon:
':::..::..--=::~._-
Plaintiff has filed a Praecipe to Reinstate Complaint, in the above-captioned case, with a
proposed order directing the panies to appear for a conciliation conference. Please note that
Plaintiff and Defendant appeared before Jacqueline Verney, Esquire for a conciliation conference on
December 1, 2005 and at this conference, Plaintiff withdrew the complaint. Plaintiff, however, has
since decided to pursue her action for custody and therefore, I am asking that the Complaint be
reinstated. I also ask that the future conciliation be scheduled again with :Ms. Verney.
Thank you for your assistance in this matter.
Very troly yours,
,JJrtut12,Mf(-
Stacy B. Wolf
Enclosure
cc: Vincent G. South
Erin F. Minnier
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
v.
VINCENT G. SOUTH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005-5466 CIVIL TERM
: CUSTODY
PRAECIPE TO REINSTATE CUSTODY COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the complaint in the above-referenced action on behalf of the plaintiff and
transmit the same to the Court Administrator along with the attached proposed order to be relisted for
a custody conciliation conference.
Dated: December ~, 2005
Respectfully submitted,
Stacy B. olf, Esquire
37 South Hanover Street
Suite 201
Carlisle, PA 17013
Supreme Court I.D. No. 88732
(717) 241-4436
Attorney for Plaintiff
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ERIN F. MINNIER,
Plaintiff
v.
VINCENT G. SOUTH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005-5466 CIVIL TERM
: CUSTODY
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have selVed a true and correct copy of Praecipe to Reinstate
Complaint for Custody upon the following person and in the matter indicated:
SERVICE BY U.S. MAIL:
Vincent G. South
187 Smith Lane Road
Lehighton, PA 18235
December ~, 2005
WOLF & WOLF
By:
~~e~?3.1!5-
STACY B. OLF, ESQUlR ..
Attorney for Plaintiff
37 South Hanover Street, Suites 201-202
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
.'
,
"
.,
-!'..
':-
}
DEe 0 1 2005 "'
f\
ERIN F. MINNIER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2005-5466 CIVIL ACTION - LAW
VINCENT G. SOUTH,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this :191- day of ~----..2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. Mother's custody complaint is hereby withdrawn and the prior Order of
Court dated October 19, 2005 is hereby vacated.
2. 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 shall control.
BY THE COuR?,/~~/
('
J.
cc: Stacy B. Wolf, Esquire, Counsel for Mother
Vincent G. South, pro se
187 Smith Lane Road
Leighton, P A 18925
;;;.\
/,
~ r
-'
./
------- -
. .
ERIN F. MINNIER,
Plaintiff
DEe 0 1 200~ ,
'.r
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 2005-5466 CIVIL ACTION - LAW
VINCENT G. SOUTH,
Defendant
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
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 Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Valerie D. South
Patrick J. South
May 24, 2002
October 22, 2003
Mother
Mother
2. A Conciliation Conference was held in this matter on December 1,2005,
with the following individuals in attendance: Mother, Erin F. Minnier, with her counsel,
Stacy B. Wolf, Esquire and Father, Vincent G. South, pro se.
3. The Honorable Edgar B. Bayley entered a Temporary Order of Court
dated October 19,2005 providing for Mother to have primary physical custody of the
children and Father not to remove the children from the jurisdiction. At the Conciliation
Conference the parties advised the Conciliator that they had reconciled and requested a
vacation of the prior Order of Court and Mother withdrew her custody complaint.
4. The parties agreed to the entry of an Order in the form as attached.
1)..-1-05'
Date
~. , . I
PLA INTI FF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ERIN F. MINNIER
V.
05-5466 CIVIL ACTION LAW
VINCENT G. SOUTH
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Tuesdax, Deeembe! 06, 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
_~!h}'I~or, Cumberland County Courthouse, Carlisl~.... on
Thur~lI'%~al1uary I2,_20_0~_.._..............._...._.._ at 8:30 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 dctine 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 scheduled hearing.
FOR THE COURT.
By: Isl
Tacqueline_M. Verney, ~
Custody Conciliator P'
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 17013
Telephone (717) 249-3166
. ~ A'~ ~l~~ ~J G7,
'1 [ , '1/ /f.-/ > t/ ...A/ C e/
. h:? ~m-/ ~!L. 5c?'{,,' ('/
j<(ll P? 7 /fT~ ~.~ ,5Cl .~. -C'!
"',c-' ,
(,.1 ;<'1 ~..l J! .... .-,-
. \'0""\ ;.., '
LL
!
ERIN F. MINNIER,
Plaintiff
IAN I :{ LOUb
:/I~
: IN THE COURT OF COMMON PLEAS OF '
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2005-5466 CIVIL TERM
VINCENT G. SOUTH,
Defendant
: CIVIL ACTION . LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 12h day of January, 2006, the Conciliator being advised that the
plaintiff wishes to withdraw the complaint, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
d.J:.~ 1 (/CLVKZ
line M. Verney, Esquire, Cus dy Conciliator
}.,tJ'/.v,.
E. i
JI