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Home My WebLink About06-3804MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff GAILL L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. d (o -- ~ e ~~1LLy~ lvt~, l JOHN A. CUNNINGHAM, JR., :CIVIL ACTION -LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Gaill L. Cunningham, by and through her attorney, Kristopher T. Smull, Esquire, with this Complaint for Custody and hereby avers as follows: Plaintiff is Gaill L. Cunningham (hereinafter "Mother"), an adult individual, currently residing at 3935 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is John A. Cunningham, Jr. (hereinafter "Father"), an adult individual, currently residing at 909 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 3. There are two (2) minor children born prior to the marriage of the parties, namely: Amber Cunningham, born August 10, 1991 (age 14); and Colten Cunningham, born, December 31, 1992 (age 13). 4. Mother seeks primary physical and shared legal custody of the minor children and is capable of giving said children the necessary parental care and a proper and healthful environment. 5. Mother is currently residing at 3935 Enola Road, Newville, Cumberland County, Pennsylvania. She is married and currently separated from Father. 6. Father is currently residing at 909 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. He is married and currently separated from Mother. 7. The relationship of Mother to the children is that of natural parent. Mother currently resides with her mother, Ethel Warner. 8. The relationship of Father to the children is that of natural parent. Father currently resides with the children. 9. Plaintiff avers that she is a fit person to raise the minor children and that by awarding her primary physical and shared legal custody, the best interest and permanent welfare of the children will thereby be promoted. 10. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Mother and Father 909 Grahams Woods Road, Newville, PA 17241 Birth -June 2006 Father 909 Grahams Woods Road, June 2006 -Present Newville, PA 17241 11. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the minor children or claims to have custody or visitation rights. 12. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Mother respectfully requests that this Honorable Court grant her primary physical and shared legal custody of the minor children. Respectfully Submitted: MARIA P;~COGNETTI & ASSOCIATES Date: June 30, 2006 By; KK15~'~'HER T. SMU~L, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Gaill L. Cunningham, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: ~/~~~~ l ~ Gaill L. Cunningham IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Kristopher T. Smull Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: James A. Miller, Esquire Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES GAILL L. CUNNINGHAM, Plaintiff v. JOHN A. CUNNINGHAM, JR., Defendant Date: June 30, 2006 By: Attorney for Plaintiff Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ~1a~ T 61 n ~V ~~ ~~ p Q C7 ~... r-, r. ~, ~~:._ .: ~ =~ _~ T' :: GAILL L. CLINNINGHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 06-3804 CIVIL ACTION LAW JOHN A. CUNNINGHAM, JR. 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 12, 2006 ,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, Cumberland County Courthouse, Carlisle on Tuesday, August 08, 2006 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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: /s/ acgue/ine M. Verney, Esg. n,~ ~~ 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 TH[S 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 32 South Bedt'ord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3766 _ f.1 _ AUG 0 9 2006 GAILL L. CUNNINGHAM, Plaintiff V. JOHN A. CUNNINGHAM, JR., Defendant IN THE COURT OF CUMBERLAND CO ,PENNSYLVANIA N0.2006-3804 CIVIL ~.CTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this { oih day of s'~ consideration of the attached Custody Conciliation Ru.port, it is follows: 1. The Mother, Gaill L. Cunningham and the Fathe Jr., shall have shazed legal custody of Amber Cunningham, bon Colten Cunningham, born December 31, 1992. Each pazent sh. be exercised jointly with the other pazent, to make all major nm affecting the Children's general well-being including, but not li regazding their health, education and religion. Pursuant to the t each parent shall be entitled to all records and infonnation pent including, but not limited to medical, dental, religious or schoo: address of the children and the other parent. To the extent one any such records or information, that parent shall be required tc thereof, with the other pazent within such reasonable time as to information of reasonable use to the other pazent. Both parents participation in all educational and medical/treatment planning with regazd to the minor children. Each parent shall be entitled information from any physician, dentist, teacher or authority az given to them as pazents including, but not limited to: medical ~ school or educational attendance records or report cazds. Addi1 be entitled to receive copies of any notices which come from sc pictures, extracurriculaz activities, children's parties, musical p school nights, and the like. 2. The pazents shall have shazed physical custody parties agree. 2006, upon .d and directed as John A. Cunningham, August 10, 1991 and tl have an equal right, to -emergency decisions nited to, all decisions rms of Pa.C.S. §5309, fining to the children records, the residence pazent has possession of share the same, or copies Hake the records and shall be entitled to full neetings and evaluations to full and complete 3 copies of any reports cords, birth certificates, onally, each pazent shall fool with regazd to school esentations, back-to- children as the 3. The parties shall cooperate in a custody evaluati n to be performed by a custody evaluator agreed to by the parties. Father shall pay th cost of the evaluation, but reserves the right to have the costs prorated between the partie . 4. Transportation shall be shazed as agreed by the 5. The parties are prohibited from discussing the divorce issues with the children. 6. This Order is entered pursuant to an agreement Conciliation Conference. The parties may modify the provisii consent. In the absence of mutual consent, the terms of this 0 Custody Conciliation Conference may be scheduled once the i completed. BY THE COURT, matter or the the parties at a Custody of this Order by mutual r shall control. Another ;todv Evaluation is J. cc2'l~ristopher T. Smull, Esquire, Counsel for Mother //James A. Miller, Esquire, Counsel for Father V ~Al~ ~•\~'~~P ~~ r" ; ,,} ~; 'diNhnll~SNN3d e ~ .+, ddd O I anv 9002 ~;dvlo~o~u0~d ~ 3~L~.-~0-03~d• GAILL L. CUNNINGHAM, : IN THE COURT OF C(pMMON PLEAS OF Plaintiff :CUMBERLAND CONY, PENNSYLVANIA V. JOHN A. CUNNINGHAM, JR., Defendant PRIOR NDGE: None N0.2006-3804 :1N CUSTODY 1N ACCORDANCE WITH CUMBERLAND COUN PROCEDURE 1915.3-8, the undersigned Custody Conciliator report: 1. The pertinent information concerning the this litigation is as follows: NAME Amber Cunningham Colten Cunningham DATE OF BIRTH August 10, 1991 December 31, 1992 ACTION -LAW RULE OF CIVIL mils the following who aze the subject of Y IN CUSTODY OF 2. A Conciliation Conference was held in this ma er on August 8, 2006, with the following in attendance: The Mother, Gaill L. Cunnin ,with her counsel, Kristopher T. Smull, Esquire, and the Father, John A. Cunnin am, with his counsel, James A. Miller, Esquire. The parties agreed to an Order in the form as ~-R-~r~ Date Custody M. V~mey, Esquire 4 ~ dlo-380`{ :~~{~ IUrnga~ __ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~~-~--Cr V! L.. State Commonwealth of Pennsylvania ~lPt~'~ ~~,t~-{.}~ OOriginal Order/Notice Co./City/Dlst. Of CUN'IBERI,AND ,-~' O Amended Order/Notice O Terminate Order/Notice Date of Order/Notice ol/25/07 S~ -~ `~~~~ Case Number (See Addendum for case summary) RE: CUNNINGHAM, JOHN A. JR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp 215-78-2984 Employee/Obligor's Social Security Number JOHNS MOBILE REPAIR SERV 2840000024 1511 E COMMERCE AVE Employee/Obligor's Case Identifier CARLISLE PA 17 013 - 916 6 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor'slncome until further notice even if the Order/Notice is not issued by your State. $ 2 , 400 . oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ o . oo per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 2, 400.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 553 .85 per weekly pay period. $ 1,107.69 per biweekly pay period (every two weeks). $ 1.200.00 per semimonthly pay period (twice a month). $ 2.400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Emp{oyer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N ADD/T/ON, PAYMENTS MUST /NCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR/TY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MA/L. BY THE URT: Date of order: JAN 2 6 20Q7 ,r ~ G Form EN-028 Rev. 1 Service Type M OMBNo.:0970-0754 Worker ID $IATT ~' r ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~heckefl you are required, to provide a~opy of this form to your•demployee. If yorr employee works in a state that is di Brent rrom the state that issued this o er, a copy must be prove eedd to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency fisted below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employeel0bligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2327641090 EMPLOYEE'S/OBLIGOR'S NAME: CUNNINGHAM, JOHN A. JR EMPLOYEE'S CASE {DENTIFIER: 2840000024 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeeJobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrnm employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: if you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. ~ 1.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (71 ~ 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT 3 ADDENDUM Summary of Cases on Attachment DefendandObligor: CUNNINGHAM, JOHN A. JR PACSES Case Number 235108927 Plaintiff Name GAILL L. CUNNINGHAM Docket Attachment Amount 06-577 CIVIL $ 800.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 864108406 Plaintiff Name GAILL L. CUNNINGHAM Docket Attachment Amount 00544 S 2006 $ 1,600.00 Child(ren)'s Name(s): DOB AMBER CUNNINGHAM 08/10/91 COL`~EN CC7Ni~I~fGFiAM 12/3..1.192 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reN's Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 t"> c'' ~~ -~... -n '= _ n) ' ~.~ ~' ---~ - - .' _- ,' ....F ~~ ~~ ~G APR S 6 2001 GRILL L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-3804 CIVIL ACTION -LAW JOHN A. CUNNINGHAM, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25~' day of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Cust y Conciliator f.r ~r { t ,;, ~ , . ~`s-~,`' 1~ '` - O~ •2 ~~ ~,~;d a~ ~ ~~~C"~~ ~t~~~~i~