HomeMy WebLinkAbout06-5696
LAWRENCE A. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
NO. 2006 -S.9kCIVIL TERM
GINGER C. RUPP,
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the plaintiff, LAWRENCE A. HERSHEY, by his attorney, Harold S. irwin, III, and
presents the following complaint for custody, representing as follows:
1. The plaintiff is LAWRENCE A. HERSHEY, an adult individual residing at 460 Fairground
Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is GINGER C. RUPP, Hotel Carlisle, Room 103, 1700 Harrisburg Pike,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the natural parents of two minor children, namely DAMIEN SETH
HERSHEY (born October 28, 1997) and SHANIA LYNN HERSHEY (born March 31,
1999).
4. The parties were not married at the birth of the children, but the children have resided
with both parties from the date of their birth until the parties' separation on September 9, 2006,
when the Mother left the residence. Since that time, the children have resided with the Father.
5. Neither party has participated as a party, witness or in any other capacity in other
litigation concerning the custody of the children in this or another court.
6. The plaintiff has no information regarding any other custody proceeding concerning the
children pending in a court of this Commonwealth.
7. The 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.
8. The plaintiff believes and therefore avers that the best interests and permanent welfare
of the children require that the parties have joint legal custody of the children, that the Father
have primary physical custody of the children and that the Mother have temporary physical
custody of the children in accordance with their mutual agreement hereinafter set forth.
WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and
physical custody of the children as aforesaid.
September 22, 2006 V --.- .
HAROLD S. IRWIN, III
Attorney for Plaintiff
64 South Pitt Street
Carlisle, Pennsylvania 17013-3220
(717) 243-6090
Supreme Court I.D. No. 29920
f?. r. • 1
VERIFICATION
I do hereby verify that the facts set forth in this petition are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
September 22, 2006
LAWRENCE A. HERSHET
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LAWRENCE A. HERSHEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5696 CIVIL ACTION LAW
GINGER C. RUPP
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, October 05, 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 Monday, November 06, 2006 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: /s/ ? jaccgueline M. Verney, Esg. 'All
Custody Conciliator ?I l
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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NOV 30= i5qv
LAWRENCE A. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-5696 CIVIL ACTION - LAW
GINGER C. RUPP,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this `l ` day of 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Lawrence A. Hershey and the Mother, Ginger C. Rupp, shall
have shared legal custody of Damien Seth Hersey, born October 28, 1997 and Shana
Lynn Hershey, born Marcy 31, 1999. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the child and the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
2. Father shall have primary physical custody of the children.
3. Beginning December 8, 2006, Mother shall have periods of partial
physical custody on alternating weekends from Friday to Sunday at times agreed by the
parties.
4. Mother shall also have periods of partial physical custody one evening per
week, the day and times as agreed by the parties.
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5. The parties shall share physical custody of the children on holidays and
the children's birthdays as mutually agreed from time to time, with the intent that they
shall share such days on as much of an equal basis as reasonably possible.
6. Father shall always have physical custody of the children on Father's Day
and Mother shall always have physical custody of the children on Mother's Day.
7. Mother shall be responsible for all transportation.
8. In the event that either party is in need of a babysitter for more than 2
hours, they shall contact the other party in a timely manner and offer said time to the non-
custodial parent.
9. The parties shall have reasonable telephone contact with the children
while the children are in other's custody.
10. The parties shall keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to insure
that the health, welfare and well being of the children is protected.
11. The parties shall do nothing that may estrange the children from the other
party or hinder the natural development of the children's love or affection for the other
party.
12. 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 COURT,
?\/-. - xx
J.
cc: Harold S. Irwin, III, Esquire, Counsel
Ginger C. Rupp, pro se
P.O. Box 927
Carlisle, PA 17013
Father
. _ , •
LAWRENCE A. HERSHEY,
Plaintiff
V.
GINGER C. RUPP,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-5696 CIVIL ACTION - LAW
IN CUSTODY
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 is the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Damien Seth Hershey October 28, 1997 Father
Shana Lynn Hershey March 31, 1999 Father
2. A Conciliation Conference was held in this matter on November 30, 2006,
with the following in attendance: The Father, Lawrence A. Hershey, with his counsel,
Harold S. Irwin, III, Esquire, and the Mother, Ginger C. Rupp, pro se.
3. The parties agreed to an Order in the form as attached.
Date acq line M. Verney, Esquire
Custody Conciliator
LAWRENCE A. HERSHEY,
Plaintiff
V.
GINGER C. RUPP,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 - 5686 CIVIL TERM
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
NOW, comes the petitioner, Larry A. Hershey, by his attorney, Harold S. Irwin, III, and presents
the following petition for custody, representing as follows:
1. The petitioner is Larry A. Hershey, an adult individual residing at 460 Fairground
Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is GINGER C. RUPP, whose place of employment is Hotel Carlisle, 1700
Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the natural parents of two minor children, namely DAMIEN SETH
HERSHEY (born October 28, 1997) and SHANIA LYNN HERSHEY (born March 31, 1999).
4. The parties were not married at the birth of the children, but the children resided with
both parties from the date of their birth until the parties' separation on September 9, 2006, when
the Mother left the residence. Since that time, the children have resided with the Father.
5. The parties are subject to a custody Order dated December 4, 2006, providing that the
parties have shared legal custody and that the Father has primary physical custody, subject to
periods of partial custody with the Mother on alternating weekends and one evening per week.
A copy of this Order, signed by Judge Kevin A. Hess, is incorporated herein by reference and
attached hereto as Exhibit "A".
6. Petitioner desires to modify said Order by eliminating the midweek evening partial
custody with the Mother and by providing that the exchange of custody take place at a neutral
location.
7. Petitioner's request for modification is because the Mother rarely takes advantage of the
midweek visit and frequently creates conflict when the exchange of custody takes place at the
Father's residence.
8. Neither parry has participated as a party, witness or in any other capacity in other
litigation concerning the custody of the children in this or another court.
9. The plaintiff has no information regarding any other custody proceeding concerning the
children pending in a court of this Commonwealth.
10. The 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.
11. The plaintiff believes and therefore avers that the best interests and permanent welfare
of the children require that the parties have joint legal custody of the children, that the Father
have primary physical custody of the children and that the Mother have temporary physical
custody of the children in accordance with their mutual agreement hereinafter set forth.
WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and
physical custody of the children as aforesaid.
May , 2008
HAROLD S. IRWIN, III
Attorney for Plaintiff
64 South Pitt Street
Carlisle, Pennsylvania 17013-3220
(717) 243-6090
Supreme Court I.D. No. 29920
VERIFICATION
I do hereby verify that the facts set forth in this petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
May 30, 2008
LAWRENCE A. HERSHEY
EXHIBIT "A"
NOY 3 0 ZO pg
LAWRENCE A. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-5696 CIVIL ACTION - LAW
GINGER C. RUPP,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this - day of _t' dc n4 L4_ , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Lawrence A. Hershey and the Mother, Ginger C. Rupp, shall
have shared legal custody of Damien Seth Hersey, born October 28, 1997 and Shana
Lynn Hershey, born Marcy 31, 1999. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the child and the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
2. Father shall have primary physical custody of the children.
3. Beginning December 8, 2006, Mother shall have periods of partial
physical custody on alternating weekends from Friday to Sunday at times agreed by the
parties.
4. Mother shall also have periods of partial physical custody one evening per
week, the day and times as agreed by the parties.
5. The parties shall share physical custody of the children on holidays and
the children's birthdays as mutually agreed from time to time, with the intent that they
shall share such days on as much of an equal basis as reasonably possible.
6. Father shall always have physical custody of the children on Father's Day
and Mother shall always have physical custody of the children on Mother's Day.
7. Mother shall be responsible for all transportation.
8. In the event that either party is in need of a babysitter for more than 2
hours, they shall contact the other party in a timely manner and offer said time to the non-
custodial parent.
9. The parties shall have reasonable telephone contact with the children
while the children are in other's custody.
10. The parties shall keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to insure
that the health, welfare and well being of the children is protected.
11. The parties shall do nothing that may estrange the children from the other
party or hinder the natural development of the children's love or affection for the other
party.
12. 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 COURT,
A55
J.
cc: Harold S. Irwin, 111, Esquire, Counsel for Father
Ginger C. Rupp, pro se
P.O. Box 927
Carlisle, PA 17013 ,.
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LAWRENCE A. HERSHEY,
Plaintiff
V.
GINGER C. RUPP,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-5696 CIVIL ACTION - LAW
IN CUSTODY
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 is the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Damien Seth Hershey October 28, 1997 Father
Shana Lynn Hershey March 31, 1999 Father
2. A Conciliation Conference was held in this matter on November 30, 2006,
with the following in attendance: The Father, Lawrence A. Hershey, with his counsel,
Harold S. Irwin, III, Esquire, and the Mother, Ginger C. Rupp, pro se.
3. The parties agreed to an Order in the form as attached.
Date acq dline M. Verney, Esquire
Custody Conciliator
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LAWRENCE A. HERSHEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-5696 CIVIL ACTION LAW
GINGER C. RUPP
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, June 09, 2008 , 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 Monday, July 07, 2008 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 define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Js/ Jacqueline M. Verne Es .
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JUL 0 8 2008
LAWRENCE A. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-5696 CIVIL ACTION - LAW
GINGER C. RUPP,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 10 day of , 2008, upon
consideration of the attached Custody Conciliation Re ort, it is ordered and directed as
follows:
1. The prior Order of Court dated December 4, 2006 is hereby vacated.
2. The Father, Lawrence A. Hershey and the Mother, Ginger C. Rupp, shall
have shared legal custody of Damien Seth Hersey, born October 28, 1997 and Shana
Lynn Hershey, born Marcy 31, 1999. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the child and the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
3. Father shall have primary physical custody of the children.
4. Mother shall have periods of partial physical custody as follows:
4
A. During the summer, two overnights at times agreed by the parties on
an alternating week basis to coincide with Mother's work schedule.
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Mother shall give Father notice of her two overnights by the Thursday
before her period of partial physical custody.
B. During the school year, alternating weekends from Friday at 4:00 p.m.
to Sunday at 7:00 p.m. and one evening per week from 4:00 p.m. to
6:30 p.m. Mother shall notify Father as soon as possible as to which
evening she is selecting.
5. Father shall have physical custody of the children for two consecutive
weeks in the summer provided he give Mother 15-days prior notice. Mother shall have
physical custody for one week in the summer provided she give Father 15 days prior
notice.
6. The parties shall share physical custody of the children on holidays and
the children's birthdays as mutually agreed from time to time, with the intent that they
shall share such days on as much of an equal basis as reasonably possible.
7. Father shall always have physical custody of the children on Father's Day
and Mother shall always have physical custody of the children on Mother's Day.
8. Transportation shall be shared such that the parties shall meet at the Sheetz
on Rt. 11 in Plainfield, Pennsylvania.
9. In the event that either party is in need of a babysitter for more than 2
hours, they shall contact the other party in a timely manner and offer said time to the non-
custodial parent.
10. The parties shall have reasonable telephone contact with the children
while the children are in the other's custody.
It. The parties shall keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to insure
that the health, welfare and well being of the children is protected.
12. The parties shall do nothing that may estrange the children from the other
party or hinder the natural development of the children's love or affection for the other
party-
13. 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
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BY THE COURT,
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cc: Harold S. Irwin, III, Esquire, Counsel
Ginger C. Rupp, pro se
476 Centerville Road
Newville, PA 17241
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LAWRENCE A. HERSHEY,
Plaintiff
V.
GINGER C. RUPP,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-5696 CIVIL ACTION - LAW
: IN CUSTODY
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 is the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Damien Seth Hershey October 28, 1997 Father
Shana Lynn Hershey March 31, 1999 Father
2. A Conciliation Conference was held in this matter on July 7, 2008, with
the following in attendance: The Father, Lawrence A. Hershey, with his counsel, Harold
S. Irwin, III, Esquire, and the Mother, Ginger C. Rupp, pro se.
3. The Honorable Kevin A. Hess previously entered an Order of Court dated
December 4, 2006 providing for shared legal custody, Father having primary physical
custody with Mother having alternating weekends and one evening per week.
3. The parties agreed to an Order in the form as attached.
Date OJ'acqi&ine M. Verney, Esquire
Custody Conciliator
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