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Home My WebLink About02-1568 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0;2. - / sl.l C2~C,..)~l '-r~ CIVIL ACTION - LAW ~ JEREMY SUNDAY, vs. MINDY HARTLOVE, Defendant CUSTODY CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is Jeremy Sunday, who currently resides at 103 Summer Lane, Enola, cumberland County, Pennsylvania 17025. 2. The Defendant is Mindy Hartlove, who currently resides at either 2029 Park View Avenue, Norfolk, Virginia 23505, or 144 Schooner Ridge Drive, Killdevil, North Carolina 27948. 3. Plaintiff seeks primary physical custody and legal custody of the parties' one (1) minor child, Gavinn Tyler Sunday, born January 6, 2002. 4. The child was born out of wedlock. 5. The child is currently in the custody of the Plaintiff who resides at 103 Summer Lane, Enola, Cumberland County, Pennsylvania. 6. During the three months of the child's life, he has resided with the following persons and at the following addresses: Persons Address Dates Jeremy Sunday 103 Summer Lane Enola, PA 17025 March 23, 2002 to present Jeremy Sunday Mindy Hartlove 103 Summer Lane Enola, PA 17025 Birth (1/6/02 - March 23, 2002 7. The father of the child is Jeremy Sunday, who currently resides at 103 Summer Lane, Enola, cumberland County, Pennsylvania. 8. The relationship of Plaintiff Jeremy Sunday, to the child is that of father. The Plaintiff currently resides with the subject minor child, Gavinn Tyler Sunday. 9. The relationship of Defendant to the child is that of mother. The Defendant currently resides with, if residing at 2029 Park View Avenue, Norfolk, VA, Rosie Hartlove, her sister, Damien Hartlove, her nephew, Jada Hartlove, her neice, and Jonathan, a friend of her sister. If residing at 144 Schooner Ridge Drive, Killdevil, NC, she resides with Helen and Patrick Moran, her parents. 10. Plaintiff has not participated as a party, witness, or otherwise in litigation concerning the custody of the said child. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does 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. 13. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff, the father of the child, is more stable emotionally and financially than mother to care for the subject child. Further, Father has the support of his mother, sister and extended family to help with the care of his child. Plaintiff is willing to give reasonable partial custody rights to Defendant on a supervised basis initially, with unsupervised rights in the future when Defendant establishes a stabile residence and lifestyle. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully prays that Your Honorable Court award primary physical custody and shared legal custody of the child to the Plaintiff. Respectfully submitted, Dm /b4<--<-~/,/5? . A 7/' /. ~-/c'/2C"c-A/h ori . Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2040 Linglestown Road Suite 106 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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: :LSvv-..",R<J>';\. ~.~~ ~~-::? Jerem . S ay' CERTIFICATE OF SERVICE I, Melanie L. Erb, Esquire, do hereby certify that on this 28th day of March , 2002, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Mindy Hartlove 2029 Park View Avenue Norfolk, VA 23505 Mindy Hartlove 144 Schooner Ridge Drive Killdevil, NC 27948 ff en Melani L. Erb, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for Plaintiff 7Y () "19.. c) 0 ..... C I" ~ ~{,5 ,. ~ g r"" ~'n CD . I ......... W 0 ",j e [2 ~ .!.-~,. >"'" ...'" l 8 a ~ 5t;r."i -,- ::-~ .. _._1 -J :;! :.,~) -~ ~. '0 :::,J -< ~ "'-'.. ~~ ., ;. ... I PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY SUNDAY V. 02-1568 CIVIL ACTION LAW MINDA Y HARTLOVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday,May06,2002 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 if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Gree'llY' Esq.(JYv'- 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . "." 14 ~, ~ ~'.?Jf' ~ eC1-J/.h . #; ? ~. ~ ('CJ./I-h ~r;' ~4~n eO-II'1! \IlN'v'AlASNN3d AlNnOO a~.~/ltE]8i1'1m t: I :~ Wd I' tJd~ 20 JJ::N10h(JtUCul;;' J,iJ.. ~o 3~;I.:J.:10-{1:!'1!j . JEREMY SUNDAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1568 CIVIL TERM CIVIL ACTION - LAW MINDY HARTLOVE, Defendant IN CUSTODY STIPULATION his attorney, Lori K. Serratelli, Esquire, and the Defendant, AND NOW, comes the Plaintiff, Jeremy Sunday, by and through Mindy Hartlove, pro se, and set forth the following Stipulation with regard to the subject minor child, pending further proceedings in this matter and any subsequent Order of Court: and legal custody of the child, Gavinn Tyler Sunday, born January 1. The Plaintiff/Father shall have primary physical custody 6, 2002, and the Defendant/Mother shall have the right to partial custody rights, at times agreed upon by the parties. Defendant/Mother's partial custodial periods shall initially be supervised by Plaintiff/Father, with eventual unsupervised visi tation and partial custody when it is agreed by the parties that unsupervised visitation or partial custody is in the child=s best interest. 2. The parties shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would , child, it being specifically agreed that neither parent shall make cast the other parent in an unfavorable or negative light to the any detrimental or disparaging comments about the other parent to denigrate the other parent. the child or in the presence of the child that would in any way directly concerning the child or the visitation schedule and will 3. Plaintiff and Defendant agree that they shall communicate necessitating such communication. not communicate through third parties unless there is an emergency 4. Any major modifications to this Stipulation shall be in the parties. writing. Minor modifications or adjustments may be done orally by 5. The parties agree to the entry of a Court Order in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties and ~~ f:) rJ> day of their counsel have set their hands and seals this /lid , 2002. WITNESSES: ~ .J~"~ Jeremy S nda . A11~ MinQHartlove Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY SUNDAY, vs. NO. 02-1568 CIVIL TERM CIVIL ACTION - LAW MINDY HARTLOVE, Defendant IN CUSTODY ORDER AND NOW, this :J I" day of f'l? ~ 7 , 2002, upon consideration of the foregoing Stipulation, it is hereby ORDERED AND DECREED, as follows: 1. The Plaintiff/Father shall have primary physical and legal custody of the child, Gavinn Tyler Sunday, born January 6, 2002, and the Defendant/Mother shall have the right to partial custody rights, at times agreed upon by the parties. Defendant/Mother's partial custodial periods shall initially be supervised by Plaintiff/Father, with eventual unsupervised visitation and partial custody when it is agreed by the parties that unsupervised visitation or partial custody is in the child=s best interest. 2. The parties shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 3. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 4. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. BY THE COURT: J. ~~ ~ ~:t:i.-: TI1.~ ~ ~t('~/~ S-j3lJ O~ ....& . l' . r\U,~'r,;,-Cii:f\CE ,~ "I.""',~"'YVtcr')V , ~-1 .t"" \1 ~n \ (1'2 ~,,,, 3 \' u _ f',~~" I '.. M'I\:1l5 C' \\pC,-' ".'" \"r'\JN~ 'TV U'.'I;~)""" \:,,,.,1; ",-1 .~,-' I ,~ 1 PENNSYL:!PJ~\t., J~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1568 CIVIL TERM JEREMY SUNDAY, v. CIVIL ACTION - LAW MINDY HARTLOVE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of June, 2002, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. elissa Peel Greevy, Esquire Custody Conciliator : 158468 V'i;\;'lll'\1A,8J\JN3d f "I'v,,-, r". ,~. ']""I>J()8 '11\ ' " ' . ; ,,' 1-'" "-I ,) 'I ., I\J.,;: !\":-._i_'-/:,,,,:."::i, _ z (~ :01 L- lilT (, a Il.b'/~(.; JEREMY SUNDAY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1568 CIVIL TERM CIVIL ACTION - LAW MINDY HARTLOVE, DefendantlPetitioner IN CUSTODY PETITION TO MODIFY CUSTODY ORDER NOW COMES, DefendantlPetitioner, Mindy Hartlove (hereinafter "Mother"), by and through her attorney, Megan Malone, Esquire, and respectfully states the following I 1. Mother is Mindy Hartlove, an adult individual currently residing at 362 Ridgewell Avenue, Apartment C, Norfolk, Virginia 23503. 2. Father is Jeremy Sunday (hereinafter "Father"), an adult individual currently residing at 801 Grantham Road, Mechanicsburg, Pennsylvania 17055. 3. Mother and Father are the natural parents of one child, Gavinn Tyler Sunday, born anuary 6, 2002. The child currently resides primarily with Father at his aforementioned address 4. On May 31, 2002, this Honorable Court entered an Order directing that Father shall ave primary physical and legal custody of the child, and that Mother shall have partial clIstody ights at times agreed upon by the parties (See attached "Exhibit A") 5. Modification of the current Court Order is warranted because A. Since entry of the May 2002 Court Order, Father has consistently tailed to keep Mother up to date with contact information for the child. Father has changed addresses and telephone numbers on a number of occasions without informing Mother of the new information~ B. As of the date of this Petition, Mother has not seen the child in over one ycar, and has not spoken to the child over the telephone in the last six months. C. During the time Mother had a correct telephone number for Father and the ,. child, she requested on a number of occasions to visit the child and Father consistently refused to allow the visits to occur D. During the time Mother had a correct telephone number for Father and the child, she requested on a number of occasions to speak with the child and was only allowed telephone contact roughly half of the times she requested it. E~ In the last six months, Mother has had no contact information for Father and the child other than a physical address. Mother has been unable to speak to the child over the telephone. Because Mother lives in Virginia, over four hours away, she is not able to simply attempt to go to Father's home with the hope of seeing the child. F. Mother believes and therefore avers that Father is intentionally keeping the child from her and preventing a relationship to develop between Mother and the child G. Mother should have shared legal custody of the child and partial physical custody of the child every other weekend. H Without this Honorable Court's intervention, the child will be harmed by being prevented from developing a relationship with Mother 6. Each parent whose parental rights to the child have not been terminated has been named as a party to this action~ WHEREFORE the Defendant/Petitioner requests that this Honorable Court award shared legal custody and partial physical custody of the child every other weekend. Respectfully submitted, Date: 5) 3 )65 I , M~:~~e /1ub/~ ID No. 92411 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 Attorney for DefendantIPetitioner . i VERIFICA nON I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief [understand that false statements herein are made subject tn the penalties of 18 Pa~C.S Section 4904, relating to unsworn falsification to authorities Date I-J --2 I-J - D-~ ~~ IfJoi ./ ~ Mmdy rtlove EXHIBIT A Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY SUNDAY, vs. NO. 02-1568 CIVIL TERM CIVIL ACTION - LAW MINDY HARTLOVE, ~, Defendant " .j , IN CUSTODY ORDER AND NOW, this 31A day of lt1~ , 2002, upon consideration of the foregoing Stipulation, it is hereby ORDERED AND DECREED, as follows: 1. The Plaintiff/Father shall have primary physical and legal custody of the child, Gavinn Tyler Sunday, born January 6, 002, and the Defendant/Mother shall have the right to partial ustody rights, at times agreed upon by the parties. efendant/Mother's partial custodial periods shall initially be by Plaintiff/Father, with eventual unsupervised and partial custody when it is agreed by the parties unsupervised visitation or partial custody is in the child;s b st interest. 2. The parties shall, at all times, foster a positive, meaningful and loving relationship between the child and the other pa ent, and neither parent shall say or do anything which would ca t the other parent in an unfavorable or negative light to the ch ld, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 3. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 4. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. BY THE COURT: j 51 --U~'^-' Cc. ~ J. TRUE CO?Y fROtA RECORD In T2.;-~;:''E)lTi vvnereof, 1 h,:;;; tnt:j set my hand and lh-~ ':lei}; of said Cour1 ~rt Car\i3\el Pa. lhis .2?L~. ',lay oL}?:J<;;;r'" ~~.Q.;.L h................~?1<'?..../:.~..J6j&:...w:. ~. Prothonotary Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY SUNDAY, vs. NO. 02-1568 CIVIL TERM CIVIL ACTION - LAW MINDY HARTLOVE, Defendant IN CUSTODY STIPULATION AND NOW, comes the Plaintiff, Jeremy Sunday, by and through his attorney, Lori K. Serratelli, Esquire, and the Defendant, Mindy Hartlove, pro se, and set forth the following Stipulation with regard to t:he subject minor child, pending further proceedings in this matter and any subsequent Order of Court: 1. The Plaintiff/Father shall have primary physical custody nd legal custody of the child, Gavinn Tyler Sunday, born January , 2002, and the Defendant/Mother shall have the right to partial ustody rights, at times agreed upon by the parties. efendant/Mother's partial custodial periods shall initially be upervised by Plaintiff/Father, with eventual unsupervised isitation and partial custody when it is agreed by the parties t at unsupervised visitation or partial custody is in the child=s b st interest. 2. The parties shall, at all times, foster a positive, m aningful and loving relationship between the child and the other p rent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 3. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 4. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. 5. The parties agree to the entry of a Court Order in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties and their counsel have set heir hands and seals this':) po day of ~, l>!~< ,-I , /? '/ , 2002. ITNESSES: /\ / i .' , I (' " /' , .~',.,\ \;\1 ,'['j .~ i C",~,\~,",,~? ori K/. /Serrate~lli, Esquire ttorney for Plaintiff Jeremy C...: ..-.----.... " ~\. /; ~~//// t-- </1 I' ~JI . ~ _,;--; '1 ",.).,1:: ~~r= Mindy Hartlove ,~ , -- C'. J.. <', ~ C> p ~ ..,- . ~' ,.J ~> ~cf." 0-" ~" , ,.-S'\ '. l.Y\ d ~ ~ ~ ,..' c.) .z::\ Cf; :~~ i-;il -:.. I U1 :;'4" (...1 D JEREMY SUNDAY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V~ 02-1568 CIVIL ACTION LA W MINDY HARTLOVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, May 11,2005 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, ]90] State St., Camp Hill, PA ]70]] on Thursday, Ju.n~~1.005 ____ at ]t:OO..,AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Melissa P. Gret;.YXLBsCC._..:J"'__ 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 belore the court, please contact our ortice. 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. [F 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 4770P" fp 'f I'{j:"'" t4;; .9Jr! 1 /?rf ~ -~1/ $P?} m;.-yvlI 4tk7 - rlJ ,. ',.1, ':'! 01 ., ,., - I . ': " / It ','11 ,"."\~'" .' .J t ;\'.i ~~!U0 51) ('(-/'7 50 t:I /7 50- elf -..-,.."."..- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1568 CIVIL TERM JEREMY SUNDAY, v. CIVIL ACTION - LAW MINDY HARTLOVE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 19th day of July, 2005, counsel for the parties having requested a thirty (30) day continuance on June 16, 2005, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. MPG:ead:254956 .-:> = "" <J' <-- c: \"" N G' '25 .' o -n .-\ :r: ->" \"-ne ~\?\'C;:J .,~ >'. -,-~\ ';:::/ ::1-.:. _iH~ ,,:;,~~,~ ~:c;-,r\'1 '.-:'''; '''e'"" -~~ (,.:) 0'\