HomeMy WebLinkAbout94-07276
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PARADISE VALLEY UNIFIED SCHOOL DISTRICT NO. 69
15002 North 32nd Street . Phoenix. AZ 85032
www.pvuBd.k12.az.us . Information (802) 867-5108
PRINTED BY THE INSTRUCTIONAL MATI"RIALS CENTER - rsvlsC>d 4/24/00
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION. LA W
NO, 94 - 7276 CIVIL
IN CUSTOOY
MICHAEL p, ERWAY,
Plaintiff
MELINDA M, ER WAY,
Delendant
Prior Judge: Edward E, Guido
CONCILIATION CONFERENCE S\JMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19I5J-8(b), the undersigned Custody Conciliator submits the following report:
I. 11lis case was originally scheduled for a Custody Conciliation Conlerence on August 17th.
However, upon reading the Custody Complaint, the Conciliator realized that this is a case
that cwmot be resolved at Conciliation beeausc of the views of the parties. The Conciliator
conducted a telephone conlcrence call with the attorneys and the attorneys agreed that a
Conciliation Conlcrence is not going to resolve this matter, There is also some urgency in
light of the fact that thc child is currently living in Maryland with the Father and the Mother
is Hving in Arizona and both parents have registered the child to start school.
2, The brief history the Conciliator was able to obtain is that the parties reached an agreement
in June of 1998 when the Mother was residing in Arizona at which time the Mother had
primary custody and the Father WllS given custody of the child during the summer months,
The Mother then relocuted to Harrisburg aller which the Father was exercising more
extensive time on altemating weekends during the school year and his regular scheduled
time during the summer months, The Mother then decided to relocate to Arizona and in
May of this year she delivered the child to the Father for summer custody in lUlticipation that
the child would come back to be with her and start school in Arizona, After the Father
obtained custody, he filed this Custody Petition seeking primary custody. Father alleges that
there are issues with the Mother that would suggest Father should be the primary custodian,
3. This is WI emcrgcncy type of situation that the Court may only be able to issue an interim
order to address where the child will start school.
3. The Conciliator recommends the entry of an order in the fonn as attached.
o /I,J dO
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Hubert X. Gilroy, Esq
Custody Conciliator
MICHAEL p, ERWAY,
Plaintiff
IN THE COllRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION. LAW
NO. 94 . 7276 CIVIL
IN CUSTODY
v
MELINDA M, ERWAY,
Defendant
Prior Judge: Edward E. Guido
CONClqATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
191 SJ-8(b), the undersigned Custody Conciliator submits the following report:
1. This case was originally scheduled for a Custody Conciliation Conference on August 17th,
However, upon reading the Custody ComplBint, the Conciliator realized that this is a case
that cannot be resolved at Conciliation because of the views of the parties, The Conciliator
conducted a telephone conference ca\l with the attorneys and the attorneys agreed that a
Conciliation Conference is not going to resolve this matter, There is also some urgency in
light of the factlhat the child is currently living in Maryland with the Father and the Mother
;s living in Arizona and both parents have registered the child to start schooL
2, The brief history the Conciliator was able to obtain is that the parties reached an agreement
in June of 1998 whcn the Mother was rcsiding in Arizona at which time the Mother had
primary custody and the Father was given custody of the child during the summer months.
The Mother then relocated to Harrisburg after which the Father was exercising more
extensive time on alternating weekends during the school year and his regular scheduled
time during the summer months. The Mother then decided to relocate to Arizona and in
May of this year she delivered the child to the Father for summer custody in anticipation that
the child would come back to be with her lUld start school in Arizona. After the Father
obtained custody, he filed this Custody Petition sceking primary custody, Father alleges that
there are issues with the Mother that would suggest Father should be the primary custodian,
), This is an emergency type of situation that the Court may only be able to issue an interim
order to address where the child will start schooL
), The Conciliator recommends the entry of an order in the fonn as attached,
Q I('.! dO
-fJfT~
Hubert X, Gilroy, ESql 'oCustody Conciliator
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 94.7276 CIVIL
IN CUSTODY
MICHAELP, ERWAY,
Plaintiff
MELINDA M, ERWAY,
Defendant
Prior Judge: Edward E, Guido
CON~ILlA TION CONFEI!ENCE SUMI~1.4.RY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915J.8(b), the undersigned Custody Conciliator submits the following report:
1. This case was originally scheduled for 11 Custody Concililltion Conference on August 17th,
However, upon reading the Custody Complaint, the Conciliator relllized that this is a case
that cannot be resolved at Conciliation because of the views of the parties. The Conciliator
conducted a telephone conference call with the attorneys and the attorneys agreed that a
Conciliation Conference is not going to resolve this matter, There is also some urgency in
light of the fact that the child is currently living in Maryland with the Father and the Mother
is living in Arizona and both parents have registered the child to start school.
2, The brief history the Conciliator was able to oblllin is that the parties reached an agreement
in June of 1998 when the Moth~r was residing in Arizona at which time the Mother had
primary custody and the Father was given custody of the child during the summer months.
The Mother then relocatcd to HaITisburg after which the Father was exercising more
extensive time on alternating weekends during the school year and his regular scheduled
time during the summer months. The Mother then decided to relocate to Arizona and in
May of this year she delivered the child to the Father for summer cU5tody in anticipation that
the child would come back to be with her and start sehool in Arizona. After the Father
obtained custody, he filed this Custody Petition seekiug primary custody, Father alleges that
there are issues with the Mother that would suggest Father should be the primary custodian,
3. This is an emergency type of situation that the Court may only be able to issue an interim
order to address where the child will start school.
3, The Conciliator recommends the entry of an order in the fonn as attached,
$J Iii dO
DATE
Hubert X. Gilroy, Esq , e
Custody Conciliator
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COURT ADMINISTRATOR
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\lARUILI. Pot. 17013
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105 North Front Street
'Harrisburg. PA 17101
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COURT ADMINISTRATOR
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ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
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Buaan K. 9andilllo.
1013 Mumma Road
Buite 100
Llmoyn.. PA 17043
Esquire
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EMILY LONG HOFFMAN
AttOl"lllY " lJIw
105 North front StreeI
P,O, Box 11475
HantIJbura, PA 17105-1m
(717) 233-1112 PAX (717) 234-2234
@MAY 29 1998
MICHAELP. ERWAY,
Plaintl IT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 94.7276
MELINDA M. ERWAY
Def~dant
: CIVIL ACTION. LAW
: CHILD CUSTODY
CU$TODY ORDER
AND NOW, this ..3. J day of ~ \J n to , 1998; the parties halving
entered a stipulation with regard to the best interests of the subject minor child Preston M.
Erway, born October 18, 1994, it is hereby ORDERED and DECREED that the attached
stipulation is hereby an ORDER of this COURT,
J,
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Trellis Lane, Abinlldon, MD 21009.
6. During the past five years, the child has resided with the followlnS persons It the
following addresses:
Nlmels)
Address
DIIa
Mindy Erway
Mindy Erway
Enola, PA
I 0/18/94 to 9/97
Riverside Apartment
Harrisburg, P A
9/97 to S/98
Michael Erway, Melissa Erway, 3313 Trellis Lane, 5/98 to 9/98
Mikaela Erway, Kyle Erway Abingdon, MD
Mindy Erway, Phoenix, Arizona 9/98 to 5/99
Delores Duplissa
Mindy Erway 2311 North Front Street 5/99 to 4/27/00
Apartment 617
Harrisburg, P A
Michael Erway, Melissa Erway, 33 13 Trellis Lane, 4/27/00 to Present
Mikaela Erway, Kyle Erway Abingdon, MD
7, The mother of the child i~ Melinda Erway, who resided at2311 North Front
Street, Harrisburg, P A 17110, at the time of service of this complaint. Plaintiff believes Ms.
Erway is presently at 8700 East University Drive, Lot 256S, Mesa, Arizona, 8S20L She is
divorced.
8, The father of the child is Michael Erway, currently residing at 3313 Trellis Lane,
Abingdon, MD 21009. He is married,
9. The relationship of the Plaintiff to the child is that of natural father, The Plaintiff
currently resides with the following persons:
~ Ilelatlonlhlp
. Melinda Erway Wife
Mikaela Erway Daughter
Kyle Erway Son
10. The relationship of the Defendant to the child is that of natura! mother. The
Defendant currently resides with the following persons:
~ Relatlonlhlp
Delores Duplissa Mother
George Duplissa Step-Father
11, Plaintiff has participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court, The court, term and
number, and its relationship to this action is: Cumberland County No. 94.7276, Custody Order.
Please see copy of the June 3, 1998 Custody Order which is attached as Exhibit "A",
12, Plaintiff has no information ofa custody proceeding concerning the child pending
in a court of this Commonwealth,
13. 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.
14, The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a. The Plaintiff has been a constant part of this child's life, since
birth, When the parties separated, the Plaintiff continued to see his son regularly
every other weekend, some evenings and holidays;
b, Plaintiff allowed Defendant to take his son to ArIzona, for a few
months, however, Plaintiff suffered such a great loss when not being able to visit
with his son, on a regular basis and believes his son also missed Plaintiff, so that
Plaintiff does :lot believe it is in his son's best interests to be separated from the
Plaintiff again;
c, Plaintiff allowed Defendant to take his son to Arizona, for a few
months, to avoid conflict. In light of the fact his son is older and will soon be
starting school. Plaintiff does not believe it is in the best interests of his son to be
changing residence at Defendant's whim;
d. Plaintiff has a family and a stable home, The mother is primarily
in the home and a half-sister and half-brother with whom this child has grown very
close to;
e, Defendant lacks stability in her life. She is uncertain as to where
she wants to reside, what employment she will pursue and has difficulty with other
relationships in her life;
f Defendant has and continues to experience problems with
alcohol abuse, with Plaintiff fearing for the safety of his son;
g, As a result ofDefendant's personal problems, Plaintiff fears
Defendant does not provide a safe and proper environment for the child;
h, As a result of Defendant's heavy smoking habit, Plaintiff fears
for the child' s health. since the child is already experiencing chronic respiratory
,
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6. It" t\Irt. ..s..A.ud tbIllflbo IIIiDar cbBd.. prolDlIJl ~ ~ ell*-
wille It..... .......... due II ......... au.... Ulbar..... ModIIr'"
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IN "II"*,*, WIIDIOW. die.......... .....................
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MICHAELP, WAY
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KICOIL ,. aWAY, I XII .,.. COURT or COIIIlOII .L....
'lainUff I CUlUlaLAKD ClOUlfTY, P...8YLVUIA
I
v. ! 110.
I
OLINDA M. .RWAY, I
Defendant I CXVlL ACTION - CU8TODY
YOU, Melinda M. Erway, Defendant, have been sued in Court to
obtain custody of the child. You are ordered to appear in person at
Cumberland County Court House, Carlisle, Pennsylvania, on the
day of , 19 , at o'clock, .M., tor a
hearing. Pending the hearing, custody is confirmed in theaDefendant.
If you fail to appear as provided by this Order, an Or.der for Custody
may be entered against you or the Court may issue a warrant for your
arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE ~ LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA .17013
(717) 240-6200
BY THI COURTI
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4lI4.1-4//BDi,..,CUITOO'f CONI'IAINT/_ 21, 19M
IlICOI" ,. aWAY, I I. Tal COURT or COJDIO. PLau
Plaintiff I CUJlBlaLAIfD COUNTY, PID8YLVAKIA
I
v. I NO.
I
ULIIrDA II. aWAY, I
Defendant I CIVIL ACTION - CUSTODY
1. Plaintiff is Michael P. Erway, residing at 603 Gates
Lane, Enola, Cumberland County, Pennsylvania.
2. Defendant is Melinda M. Erway, residing at 851 Melissa
Court, Enola, Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of Preston Michael Erway (2
months old) who resides at 851 Melissa Court, Enola, PA 17025.
4. The child was not born out of wedlock. The child is
presently in the custody of Defendant.
',','
5.
During the past five (5) years, the child has resided
with the following persons and at the following addresses:
Persons
Addresses
Dates
Defendant
851 Melissa Court
Enola, PA 17025
10-18"94 - present
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The mother of the child is Defendant. She is separated
from the father of the child, Plaintiff.
7. The relationship of Plaintiff to the child is that of
Father. Plaintiff currently resides with the fOllowing pursons: None.
I:
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I. The relationship of Defendant to the child is that of
Mother. Defendant currently resides with the following persons:
Name Relationship
Pr'eston Michael Erway
son
,. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of the
child in this or another court.
Plaintiff has no information of a
custody proceeding concerning the child pending in a court of this
Commonwealth. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or who claims to have
custody or visitation rights with respect to the child.
10. The best interest and permanent welfare of the child will
be served by granting the relief requested because:
A. Plaintiff is a fit parent.
B. Both parties are loving parents able to care for the
child.
c. The proposed relief will afford the child the
maximum stability.
D. The proposed partial physical custody arrangement
will accommodate Plaintiff's work schedule and will afford the child
access to his father.
11. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the child
have been named as parties to this action.
-2-
.....rOR., Plaintiff requests this Court to grant custody of
the child ae follows:
A. Shared and joint legal custody of the child to the
parties; and
B. Partial physical custody of the child to Plaintiff every
other wQekend from Friday at 6:00 p.m. until Monday at 8:00 a.m., or as
the parties mutually agree with regard to their work schedules; and
c. Partial physical custody of the child to Plaintiff from
6:00 p.m. until 8:00 a.m. on one week-night during those weeks in which
Plaintiff would not have custody of the child on the preceding weekend.
The specific week-night shall be arranged between the parties as they
mutually agree; and
D. Primary physical custody of the child to Plaintiff for no
less than six (6) weeks of the child's summer vacation once the chUd
attends school on a regular basis; and
II. Primary physical custody of the child to Plaintiff on
Father'R Day each year, from 10:00 a.m. through 9:00 p.m.; and
r. Primary physical custody of the child to Defendant on
Mother's Day each year, from 10:00 a.m. through 9:00 p.m.; and
G. The parties will alternate the following major holidays:
New Year's Day, Easter, Memorial Day, Independence Day, Labor Day,
Thanksgiving, and the child's birthday. The custodial period shall run
from 10:00 a.m. through 9:00 p.m.; and
- 3 -
. .
".
JUN 'g 19~5
.~J>.r
HICHABL P. BRIlAY, ) IN THB COURT OF C~ON
Plaintiff ) I' PLBAS OF CUHBBRLAND
) COUNTY. PBNNSYLVANIA
VS. )
) NO. 94-7~76 CIVIL TBRM
HBLINDA H. BRWAY, )
Defendant ) CUSTODY
ORDBl
AIlD NOlI, this
\ 3 tf. day of
J oJ-n Co.
, 1995, upon receipt of the
conciliator's report, it appearing that the parties have agreed to the ter.s and
provisions of this order which was dictated in their presence and approved by the. and
their counsel, we hereby order as follows:
1. Legal custody of the .inor child, Preston Hicbael Brway, born October 18,
1994, shall be sbared by his parents, tbe Plaintiff, Hichael P. Erway, and the
Defendant. Helinda H. Erway.
~. Pri.ary physical custody of the said child is hereby awarded to his MOther,
Helinda H. Erway,
3. The father of the child, the Plaintiff, Hichael P. Erway, shall have and enjoy
the following periods of te.porary or partial custody with the child:
A. Alternating weekends frOM Friday at 6:00 p... until Sunday at 6:00
p..., co..encing on Priday, June ~,1995. The alternating weekends, however,
shall be adjusted in accordance with the following provisions of this
paragraph.
B. One week during the .onth of August, 1995, frOM 10:00 a... on
Saturday until 10:00 a... the following Saturday, on thirty (30) days advance
written notice to the MOther. That week shall be exercised when the father
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is scheduled to be off work on vacation so that the child can be witb hi..
Following that week, the father's alternating weekends will resWle on the
second Friday following the end of his week of te.porary custody.
C. On the following holidays, on an alternating basis: Baster;
HelOrial Day; Independence Day; Labor Day; and the child's birthday (October
18). The father's hOlidays shall co~ence on Independence Day in 1995 and
alternate thereafter. The holiday period shall be frOM 10:00 a... until 6:00
p... provided, however, that when one of the father's scheduled holidays
falls adjacent to one of his scheduled weekends, the weekend will expand into
the hOliday so he shall have the child for three days.
D. During the calendar year 1995, the father shall have the child over
the Thanksgiving holiday froll Wednesday at 4:00 p.M. until Sunday at 4:00
p..., the IOther shall have the child over the Christmas holiday frOM Friday,
Decellber 33, 1995, until 6:00 p.m. on Friday, Dacellber 29, 1995, and the
father shall then have the cbild from 6:00 p... on Friday, Deceaber 39, 1995,
until 6:00 p... all Honday, January 1, 1996. The father's alternating
weekends shall then resulle on the second Friday following the New Year's
holiday.
4. At all tilles that either of the parties transport the child by .utor vehicle,
they shall provide the child with an adequate child restraint system or carseat. The
father shall be responsible to provide all transportation required by the schedule set
out in this order. Unless the parties agree otherwise, the exchanges of custody will
take place at the mother's hOMe. We encourage the parties, ~owever, to cooperate and
agree upon other locations and tiMes for exchange if that will lIutually benefit both
2
plrtie. Ind the child. In the event thlt the flther i. not Ivaillble to trln,port the
ehild Cln .ny of the ti.e. he 11 .cbeduled to do 110, he ..y provide that the child will
be tran.ported by ...ber. of bi. i...di.te f..ily or by "eli... Willi....
5. The .chedule .et out in thi. order i. intended to be reviewed .nd po..ibly
revi.ed by the plrtie. in the .prin9 of 1996. In tbe event the plrti.. Ire not .ble
to reach .9r....nt .t thlt ti.., they .re directed to return to the conciliator for
furth.r proc..din9..
By the Court,
8Mily Hoff..n, I.quire
Attorney, for D.fendant
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Jo.eph B. D'~ico, I.q re
Attorney for Plaintiff
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MICHABL P. BaWAY, ) IN THB COUIT or COHHON
Plaintiff ) PLUS or CUHBBlLAND
) COUNTY. PBNNSYLVANIA
VI. )
) NO. 94-7276 CIVIL TERH
HBLINDA ". BIWAY, )
Defendant ) CUSTODY
JUDGB PIBVIOUSLY ASSIGNED: None
CONCILIA~ mNnllllllf!1l 81111A1Y IIPOI.'
IN ACCORDANCB WITH CUMBBRLAND COUNTY IULB OP CIVIL PIOCBDUIB 191~.3-8(b), tbe
undersigned Custody Conciliator 8ub.its tbe fOllowing report:
1. Tbe pertinent infor.ation concerning the child who is the sUbject of this
litigation is as tollows:
Preston "icbael Brway
18 October 1994
CURIlBNTLY IN
CUSTODY or
Defendant/Mother
I!M!I
BIRTHDATB
2. A Conciliation Conference was held on 30 Hay 199~ and the fOllowing
individuals were present: the Plaintiff and his attorney, Joseph B. D'~ica, Bsquire:
the Defendant and her attorney, S.ily Hoff.an, B8quire.
3. The parties were able to agree upon all the ter.s of a custody order. The
attached order was dictated in their presence and approved by the. and their attorneys.
With the entry ot that order. no further action is necessary at this ti.e.
7 June 199~
~L: SJ;P ~
CU8 ody Conciliator
,
";
HICHAllL P. BRWAY, ) IN THS COURT OF COKHON
Plaintiff ) PLSAS OF CUMBBRLAND
) COUNTY, PBNNSYLVANIA
vs. )
) NO. 94-7276 CIVIL TBRM
MBLINDA H. BRWAY, )
Defendant ) CUSTODY
AND NOlI, this
QYIl&
r~li. day of JUl')c,
, 199~, upon receipt of the
conciliator's report. it appearing that the parties have agreed to the terms a d
provisions of this order which was dictated in their presence and approved by them and
their counsel, we hereby order IS follows:
1. Legal custody of the minor child, Preston Hichael Brway, born October 18,
1994, shall be shared by his parents, the Plaintiff, Hichael P. Brway, and the
Defendant, Helinda M. Erway.
2. Primary physical custody of the said child is hereby awarded to bis ~ther.
Melinda H. Erway. '
3. The father of the child, the Plaintiff. Michael P. Erway, shall have and enjoy
the fOllowing periOds of temporary or partial custody with the child:
A. Alternating weekends from Friday at 6:00 p.M, until Sunday at 6:00
p.m., commencing on Friday, June 2. 199~. The alternating weekends. however,
shall be adjusted in accordance with the following provisions of this
paragraph.
B. One week during the Month of August, 199~, frOM 10:00 a... on
Saturday until 10:00 a.m. the following Saturday, on thirty (30) days advance
written notice to the mother. That week shall be exercised when the father
1
"'
is scheduled to be off work on vacation so that the child can be with hi..
Following that week, the father's alternating weekends will reSUMe on the
second Friday f.ollowing the end of his week of temporary custody.
C. On the following holidays, on an alternating basis: Baster;
HelOrial Day; Independence Day; Labor Day; and the child's birthday (October
18). The father's holidays shall commence on Independence Day in 1995 and
alternate thereafter. The holiday period shall be from 10:00 a.m. until 6:00
p.m. provided, however, that when one of the father's scheduled holidays
falls adjacent to one of his scheduled weekends, the weekend will expand into
the holiday so he shall have the child for three days.
D. During the caiendar year 1995, the father shall have the child over
the Thanksgiving holiday from Wednesday at 4:00 p.m. until Sunday at 4:00
p.m., the mother shall have the child over the Christmas holiday from Friday.
December ~3, 1995. until 6:00 p.m. on Friday, December 39, 1995, and the
father shall then have the child from 6:00 p,m. on Friday. December 39, 1995,
until 6:00 p.m. on Honday, January 1, 1996. The father's alternating
weekends shall then resume on the second Friday following the New Year's
holiday.
4, At all times that either of the parties transport the child by motor vehicle.
they shall provide the child with an adequate child restraint system or carseat. The
father shall be responsible to provide all transportation required by the schedule set
out in this order. Unless the parties agree otherwise. the exchanges of custody will
take place at the mother's home. We encourage the parties, however, to cooperate and
agree upon other locations and times for exchange if that will mutually benefit both
2
the birth of their child,
6. From the time oflhe bh1h oflhe parties' child. Preston, the Plaintiff has had
custody of Preston every other weekend. (With the eKception of the few months the Defendant
wu in Arizons 1998-1999.) Plaintiff while still residing in Harrisburg, had Preston several
evenings during the week. Plaintilfhas always taken Preston to be with his eKtended family in
Northern Pennsyl'/ania for all of Preston' 5 Thanksgivings, Plaintiff has had Preston with him for
the entire summer in 1999 and 2000. PlaintilThas also always telephoned his son to keep close
contact with Preston's everyday life,
7. Since the parties separation and divorce, PlaintitThas had an active role in his son's
life. This role has continually increased and become more substantial as Preston has grown older
and PlaintitT and Preston could engage in more activities together,
8, Defendant had prior to the parties marriage and has continued to have difficulty
and problems handling her finances, September, 1997, Defendant's home and automobile were
repossessed and she declared bankruptcy.
9, Defendant, in early 1998, began to discuss going to Arizona to be with her parents
and brother. PlaintilT reluctantly agreed, after securing from the Defendant as much time with his
son as the distance would allow, The primary reason PlaintitTagreed to the trip was his hope the
time with the Defendant's parents would help the Defendant with her problems which included
alcoholism and depression,
10. Prior to leaving for Arizona, the parties entered into a custody agreement, in
Cumberland County, Docket No. 94.7276. (Please see copy of the June 3, 1998 Custody Order
which is attached as EKhibit U AU),
II, Defendant returned in eleven (11) monthl to PeMlylvania, not demonltratins any
chanse in her actions and behaviors
12, Defendanl has while pregnanl and followinlllhe birth oflhe child consumed
alcohol al such levels and wilh such frequ,'ncy Ihal she has and continues 10 be frequenlly
incapable ofbeinll able to monitor the child to protect the child from his environment and/or
respond to the child appropriately, if the child were to require protection and/or any type of
inter/ention to maintain a ~afe environment for the child,
13, The Defendant's alcohol consumption and problems grew to such a proportion
that she entered a detoxification prollram in June, 1999, but checked herself out early and refused
to enter the thirty (30) day program recommended to her, This was the last voluntary action
Defendant has taken to cope with her alcohol.
14. The Defendant prior to the birth of this child and through the present has
experienced depression in combination with the consumption of alcohol, to such a degree that she
attempted to commit suicide, resulting in her hospitalization at Harrisburg Hospital June 16 and
17,1999, from where she went to Phil haven Hospital from June 18 throullh 23,1999.
15. Defendanl returned to her marital residence. (with David Williams), on June 23,
1999, statinll she had "hit bottom" and would now change, June 24, 1999, Defendant was once
again very drunk, left the marital residence and did not return until 5:30 a,m., drunk, on June 25,
1999.
16. Defendant was taken by ambulance to a hospital on or about August 8, 1999, but
it is unknown what the reason for the hospitalizlltion was, what hospital she entered or how tong
she remained hospitalized during this admittance.
17. Defendant has repeatedly stated all of her problems are because of other people.
nothing Is her fiult.
18. Since the parties' separation. Defendant has on numerous occasions contacted the
Plaintiff, during the night, speech slurred, crying, admitting she had been drinking. sharing with
Plaintiff her feelings of frustration, despondency and depression about her life,
19. Defendant became engaged to David Williams. May 23, 1999, was married to
David Williams, MlIY 24, 1999, was separated ITom David Williams, June 25, 1999 and the
divorce was finalized Jum'. 2000.
20. Defendant's second marriage terminated as a result of Defendant's alcohol
consumption with associated behaviors and actions, depression, non-existent housekeeping skills,
predilection to relationships with other men, failure to accept any responsibility, refusal to accept
any responsibility for her problems and actions and/or take any actions to change and/or obtain
help with her problems,
21. In the Fall of 1999, Defendant began to again indicate she wanted to return to
Arizona, to which Plaintiff did not respond, Plaintiff carefully considered how close his
relationship with his son had grown, how empty his life would be without his son, his substantial
and ever increa!ing concern about his son's physical and psychological safety with the Defendant,
as a result of the Defendant's alcohol, depression, financial, and relationship problems, combined
with his great concern if the Defendant had any further medical and/or psychological situations, he
would not be able to readily protect and provide assistance to his son,
22, When Plaintiff knew for certain the Defendant intended to move to Arizona and
take the child with her, Plaintiff contacted counsel and initiated this instant action to not only keep
his son with him, but to plovide his son "ith the stable, secure, environmenl which the Plainliff
has determined the Defendant is not capable of providing allhis time and which he knows he can
provide for his son.
23, Plainliffresides wilh his wife, Melissa Erway, his aon, Kyle Erway, and his
daughter, Mikaela Erway, in a live (5) bedroom home where his son, Presion will have his own
room.
24, Plainliffhas resided in this home for three (3) years. It is a quiet neighborhood,
with many other young families and children, Preston currently has live (5) very close friends in
the neighborhood with whom he plays with regularly,
25. Plaintiff and his family regularly attend Good Shepard Lutheran Church, where
they are members, Preston attends Ihis church regularly when in Ihe custody of Plaintiff.
26. PlaintilT has obtained all information and taken all needed actions to prepare and
enroll his son in Kindergarten, al Abbingtnn Elementary School which begins on September 5,
2000, The school the child will attend is one (I) mile from the home of the Plaintiff
27. Presion has a very close relalionship wilh his step-brother, Kyle and step-sister,
Mikaela. Additionally, Presion has a dog, "Jake", a retriever, for whom he is "responsible" and
provides daily care.
28, Defendant has recently moved into an apartment in a city style neighborhood.
There are approximately four (4) buildings, each Iwo (2) slOry, they are medium to low-income
garden style apartments. There were originally gates to the apartments providing security, but
these gates have long since been removed.
29, Defendant is recently employed full-time at a new employment position.
30, Defendant hu stated In her response to the Plalntltrs complaint the primary reason
for her move is to attend school. Plaintlft'has great fear and concern about who will care for
Preston while the Defendant is employed lUll-time and attends I\(;hool.
31. The Defendant's mother and father do reside in Arizona, however, the mother is
very arthritic and the father is very old, Both have stated they can not and do not wish to care for
Preston. Further, the Defendant's parents are very limited in their financial ability and strull8le to
mccllhcir own financial commitments
ISSUES BEFORE THE COURT
I. RELOCATION:
Defendant argues the present custody order controls. Plaintiff a...ues when
Defendant returned to Pennsylvania, with the resultinl chanle in custody schedule or the
PlaintilT, the circumstances of custody were silnificantly altered, enablinl PI.intllT to now
take the position he opposes any relocation of his son, which will siloifinntly interfere with
his relationship and ability to enjoy custody of his son. Additionally, Plain tilT haslreat
fear for the child's sarety and stability with the PlaintiWs inability to be easily accessible to
assist with and protect the child.
Gruber v. Gruber. 400 Pa. Super. 174, !l83 A.2d 434 (1990), provides the three-step
analysis which is the primary analysis utilized in Pennsylvania courts at this time. The
three-step analysis Is: 1) The advantale to the primary caretaker; 1) The intearlty or the
motives underlying both the proposal to move and the opposition to the move; and 3) The
realistic substitute partial custody arranlements which could be made were the relocation
permitted.
Plowman v. Plowman, 409 Pa. Super. 143, S97 A.2d 701 (1991), took Gruber'.
three-stell analysis one ~tep further In stallna: "Once the trial court utilized the three
facton let forth In Gruber, "thele considerations mUlt then be facio red Into the ultimate
consideration of the court, which is to determine what is in the best intere.t. ohhe child."
II. BEST INTERESTS AND SAI'ETY OF THE CHILD:
Defendant argues she is a competent and responsible parent, capable of provldlnla
Itable, safe, secure environment for the child.
Plaintiff argues as a result of the Defendant's alcohol addiction, psycholollc:al
problems, specifically, depression, inability to be fiscally responsible, lack of any
homemaking skills, frequent relationshillS with male individuals wilh whom the Defendant
has had little or no previous contact, in which these individuals are brought into the
residence of the Defendant in the presence of the child, inability to plan for and implement
activities of everyday life for the child and demonstrated inability to provide the child with
propt'r adult supervision and a safe environment, the frequent moving from Arizona to
Pennsylvania, the moving of residences, even within the Commonwealth of Pennsylvania, in
addition to the time commitmenls which the Defendant is suggesting she is making, the
Defendant does not have the ability to provide a stable. safe environment for their child.
Plaintiff believes his son deserves and should have a stable, secure, family environment in
which to grow and learn during his beginning school years. Defendant's twin sister lives in
Harrllburg and Plaintiff believes tbe Defendant and even the Defendant's twin sister and
her family should have as liberal Hnd reasonable a schedule ohisitation with Preston as
can be arranled. Plalntlll'does believe It II unqueltlonably In Preston'l best Intenttl ror
the Plalntlll' to be awarded primary phYllcal cUltody or Prelton.
WITNESSES
I. MICHAEL t:RWAY
Michael Erway will testilY to the relationship which he has had and prellClltly has with his
son; the present home, family and environment he can provide for his son; the behaviors and
situations which he has witnessed with the Defendant and his son; his fears for his son; his desire
to maintain and promote n continuing relationship between Preston and his mother.
1. MELISSA ERWAY
Melissa Erway will testilY to the family relationships which have been in existence and
how she envisions supervising and promoting a beneficial family relationship with all three
children. Melissa will testilY to the stability of the family, the children's relationships with each
other, and her desire and ability to provide Preston with a stable, secure and loving family and
home.
3. DAVID WILLIAMS
David Williams will testilY to the characteristics and behaviors of the Defendant which
directly relate to her ability to provide the cbild with a safe, secure environment, especially as the
child begins his education, Mr, Williams will testilY to the interactions which he observed
between the Defendant and her son.
II. Defendant returned in eleven (II) months to Pennsylvania, not demonstrating any
change in her actions and behaviors.
12. Defendant has while pregnant and following the birth of the child consumed
alcohol al such levels and with such frequ~lIcy that she has and continues to be frequently
incapable of being able to monitor the child to protect the child from his environment and/or
respond to the child appropriately, if the child were to require protection and/or any type of
intervention 10 maintain a safe environment for the child.
13. The Defendant's alcohol consumption and problems grew to such a proportion
that she entered a detoxification program in June, 1999, but checked herself out early and refused
to enter the thirty (30) day program recommended to her. This was the last voluntary action
Defendant has taken to cope with her alcohol.
14. The Defendant prior to the birth of this child and through the present has
experienced depression in combination with the consumption of alcohol, to such a degree that she
attempted to commit ~uicide, resulting in her hospitalization at Harrisburg Hospitallune 16 and
17, 1999, from where she went to Philhavcn Hospital from June 18 through 23, 1999.
15. Defendant returned to her marital residence. (with David Williams), on June 23,
1999, stating she had "hit bottom" and would now change. June 24, 1999, Defendant was once
again very drunk, left the marital residence and did not return until 5:30 a.m., drunk, on June 25,
1999.
16. Defendant was taken by ambulance 10 a hospital on or about August 8, 1999, but
it is unknown what the reason for the hospitalization was, what hospital she entered or how long
she remained hospitalized during this admittance.
17. Defendant has repeatedly stated all of her problems are because of other people,
nothing is her fault.
18. Since the parties' separation, Defendant has on nurnerous occlUlions contacted the
Plaintiff, during the night, speech slurred, crying, adrnitting she had been drinking, sharing with
Plaintiff her feelings of frustration, despondency and depression about her life.
19. Defendant became engaged to David Williarns, May 23, 1999, was married to
David Williams, May 24, 1999, was separated frorn David Williams, June 25, 1999 and the
divorce was finalized Jun.... 2000.
20. Defendant's second marriage terminaled as a result of Defendant's alcohol
consurnption with associated behaviors and actions, depression, non-existent housekeeping skills,
predilection to relationships with other rnen, failure to accept any responsibility, refusal to accept
any responsibility for her problems and actions and/or take any actions to change and/or obtain
help with her problems.
21. In the Fall of 1999, Defendant began to again indicate she wanted to return to
Arizona, to which Plaintiff did not respond. Plaintiff carefully considered how close his
relationship with his son had grown, how ernpty his life would be without his son, his substantial
and ever increasing concern about his son's physical and psychological safety with the Defendant,
as a result of the Defendant's alcohol, depression, financial, and relationship problems, combined
with his great concern if the Defendant had any further rnedical and/or psychological situations, he
would not be able to readily prolect and I'rtlvide assistance to his son.
22. When Plailltiffknew for ccnain the Defendant intended 10 move to Arizona and
take the child with her, Plaintiff contacted counsel and initiated this instant action to not only keep
his son with him, but to plovide his son with the stable, secure, environment which the Plaintiff
has determined the Defendant is not capable of providing atthistirne and which he knows he can
provide for his son.
23. Plaintiff resides with his wife, Melissa Erway, his son, Kyle Erway, and his
daughter. Mikaela Erway. in a five (5) bedroom horne where his son, Preston will have his own
room.
24. Plainliffhas resided in this home for three (3) years. It is a quiut neighborhood,
with rnany other young farnilies and children. Preston currently has five (S) very close friends in
the neighborhood with whom he plays with regularly.
2S. Plainliff and his farnily regularly attend Good Shepard Lutheran Church, where
they are mernbers. Preston attends this church regularly when in the custody of Plaintiff.
26. Plaintiff has obtained all information and taken all needed actions to prepare and
enroll his son in Kindergarten. at Abbington Elementary School which begins on Septernber S,
2000. The school the child will attend is one (I) mile from the home of the Plaintiff.
27, Preston has a very close relationship with his step-brother, Kyle and step-sister,
Mikaela. Additionally, Preston hu a dog, "Jake", a retriever, for whorn he is "responsible" and
provides daily care,
28. Defendant has recently rnoved into an apartment in a city style neighborhood.
There are approxirnately four (4) buildings. each two (2) story, they are mediurn to low-income
garden style apartrnents. There were originally gates to the apartments providing security, but
these gates have long since been rernoved.
29. Defendant is recently ernployed full-tirne at a new ernployment position.
pennltttlt,
Plowmln v. Plowman, 409 PI. Super. 143,597 A.2d 701 (1991), took Gruber's
thrtf-Stt'p Ilnalysls ont' ~It'p furtht'r in stating: "Once tht trial court utilized the three
facton set forth in Gruber, "these considerations must then be factored into the ultimate
consideration of the court, which is to determine what is in the best interests of the child."
II. BEST INTERESTS AND SAFETY OF TIlE CHILD:
Defendant argues she is a competent and responsible parent, capable of providing a
stable, safe, secure environment for the child.
Plaintiff argues as a result of the Defendant's alcohol addiction, psychological
problems, specifically, depression, inability to be fiscally responsible, lac II of any
homtmaking skills, frequent relationships with male individuals with whom the Defendant
has had little or no previous contact, in which these individuals are brought into the
residence of the Defendant in the presence of the child, inability to plan for and implement
activities of everyday life for the child and demonstrated inability to provide the child with
proptr adult supervision and a safe environment, the frequent moving from Arizona to
Pennsylvania, the moving of residences, even within the Commonwealth of Ptnnsylvania, in
addition to the time commitments which the Defendant is suggesting she is making, the
Deftudant does not have the ability to provide a stable, safe environment for their child.
Plaintiff believes his son deserves and should have a stable, secure, family environment in
which to grow and learn during his beginning school years. Defendant's twin sister lives in
Harrisburg and Plaintiff beliens the Defendant and even the Defendant's twin sister and
her family should have as liberal and reasonable a schedule of visitation with Preston as
.
caD be a.....naed. P1alntlrr doa believe It I. unquestionably In Pmton'l belt Intemtl ror
the Plalntlrr to be awarded primary physical cUltody or Preaton.
WITNESSES
I. MICHAEL f:RWAY
Michael Erway will testilY to the relationship which he has had and presently has with his
son; the pr"sent home, farnily and environment he can provide for his son; the behaviors and
situations which he has witnessed with the Defendant and his son; his fears for his son; his desire
to maintain and promote Q continuing relationship between Preston and his rnother.
2. MELISSA ERWAY
Melissa Erway will testilY to the farnily relationships which have been in existence and
how she envisions supervising and prornoting a beneficial farnily relationship with all three
children. Melissa will testifY to the stability of the family, the children's relationships with each
other, and her dl'sire and ability to provide Preston with a stable, secure and loving farnily and
home.
3, DAVID WILLIAMS
David Williams will testifY to the characteristics and behaviors of the Defendant which
directly relate to her ability to provide the child with a safe. secure environment, especially as the
child begins his education. Mr. Williams will testilY to the Interactions which he observed
between the Defendant and her son.
, '. '. '.
.
.
, .
MlCHABL P. BRWAY,
,1aIDdft'
: INnm COURT OF COMMONPLBAS
: CUMBIlRLAND COUNTY. PBNNSYLVANIA
v.
.
.
.
.
.
: NO. 9+1276
: CIV1L ACl'ION . LA. W
: CHJLD CUSTODY
MELJNDAM.BRWAY
D.tlmdaDt
CUSTODY ORDER
AND NOW, tbJ. _ ~.wl clay oC ~. - ft - ~ 1998, IhI plltiea haviDg
entenld a stipulalion with reprd to the Lest intlln:sts oCthe subjcc:t minor child Pnston M.
Erway, bom October 18, 1994, it II hereby ORDERED and DECREED that the attached
stipulation II hereby III ORDER o(th!I COURT.
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. A cu.tody Order hu been In effect since June 3, 1998, when Mother first moved to
Arizona, Mother moved to Pennsylvania in May of 1999, due to a marriage, The marriage did
not work out, thus, Mother, In Novernber 1999, expreued to Father her intention ofrnoving back
to Arizona with Preston in April of 1999, and, at that tirne, the parties agreed to resurne the
schedule outlined In the Order of June 3, 1999, After moving back to Arizona, Mother received
a custody cornplaint in which Father requested Prirnary Custody of Preston,
Moth.:r has been the primary care giver of the child since his birth, Mother has been
consistently ernployed as a legal secretary for most of her adult life with job~ at Melle, Evans and
Woodside in Harrisburg, Pennsylvania (6/88 to 5/98); Beus, Gilbert & Devill, P,L,L.C, in
Phoenix, Arizona (6/98 to 5/99); Malatesta Hawke & McKeon, LLP, in Harrisburg, Pennsylvania
and the Allorney General's Office of Arizona (to date),
Mother chose to return to Arizona, where her Mother and brother reside, due to numerous
factors including without limitation: ernployment opportunities, educational opportunities, her
rnother's health, the weather and arthritis in Mother's knees, Mother avers no retaliatory motive
on her part for the proposed relocation,
C'
Mother did not file a relocation petition because there was an Order already In place and
because she relied on Father's Agreement to resurne the schedule as set forth in the existing
Order, Thus, it is averred that relocation is not an issue. If this Honorable Court determines that
relocation is an issue, then Mother fulfills the relocation factors, The law of relocation is
enunciated in Gruber v. Gruber, 400 Pa,Super, 174,583 A,2d 434 (1990), In order for a
custodial parent to justify a relocation of a child, it rnust be shown that (I) the move rnust be
likely to signifieantly improve the quality of life for the parent and the child; (2) the rnove rnust
not be motivated sirnply by a desire to frustrate the temporary custodial rights of the non-
custodial parent or to impede the developrnent of a healthy relationship between the child and the
.2.
no-custodial parent; and (3) there must be a Ceulble substitute temporary physical custody
arrangement to insure a continuing meaningful relationship between the chUd ad the non-
cU$todial parent.
II, WITNESSES
I, Melinda M, Erway - Melinda Is the Mother in' this case. She wlJl testify regafding her
relationship with the child, the history of the cue and her expectations Cor the child's w,elCare in
Arizona,
2, Steven K, Haas, Esquire - Attomey at Malatesta, Hawke & McKeon, Harrisburg, PA,
Attorncy Haas will testify regarding Mother's perfonnance at work, his obscrvations of her with
and without Preston,
3, Brenda R~binson - Brenda is thc sister of Mother, She will testify conccrning
Mother's parenting skills, thc custody history and Mother's interactions with Father,
Respectfully subrnitted,
Stc;:,~"~~WU
Sup, Ct. ID # 66307
105 North Front Street
Harrisburg, PA 17108
(717)233-1112
Date: 8/16/00
.3.
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MICHAELP, ERWAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
v.
NO. 94.7276
MELINDA M. ERWAY,
Defendant
IN CUSTODY
ANSWER AND COUNTERCLAIM
TO COMPLAINT FOR CUSTQDY MODIFICATION
I. ADMITTED.
2, ADMITTF,D in part, DENIED in part. Defendant Resides at 1460 East Bell Road,
Apt.2126, Phoenix, AZ 85022
3, ADMITTED. By way of further Explanation, Defendant inlarmed plaintiff of her
intention to rnove to Arizona in November 1999.
4. ADMITTED in part, DENIED in part, Although Preston's parents were married at the
time of birth, Preston's parents were legally separated. The Plaintiff, Michael abandoned
Defendant, Melinda when she was J months pregnant with Preston for his current wife, Melissa,
who was pregnant with his child
S. ADMITTED, By way of Further Explanation, Plaintiff told Defendant that he is
keeping the child despite th~ court order,
6. ADMITTED in part, DENIED in part. The child resided with Plaintifffrorn May 19,
1998 until August 30, 1998 under an Agreement and Order entered by this Court on June 3,
1998 which order gave Defendant primary custody of the child and gave Plaintiff partial physical
custody. Pursuant to that Order the child returned to his rnother's present address and not at the
child's grandrnother's (Delores Duplissa) as indicated in the Cornplaint, and resided with mother.
It is further averred Plaintiff lived at the following addresses within the past five (5) years: 603
Gates LII/le, Enola, PA 10/18/94 to 4/95; 309 Logan Court, Abingdon, MD 5/95 to 1996 or
1997; and 3313 Trellis Lane to present.
7. DENIED. It is denied that Melinda Erway resided at 2311 North Front Street,
Harrisburg, P A 17110, at the tirne of service of this cornplaint. Defendant delivered the minor
child to Plaintiff and told Plaintiff that she would return to pick up Preston in early August due to
school. Plaintiff said nothing about his Petition for Modification and she never learned there was
a problem until she was served with the complaint in Arizona shortly thereafter. Plaintiff had
knowledge ofpefendant's intention to move since November 1999 and had knowledge of the
date she was leaving. Defendant waited until after she rnoved to file the Petition.
8. ADMITTED.
9. ADMITTED in pan, DENIED in part. Plaintiff currently resides with Melissa Erway
and not Melinda Erway.
10. DENIED. Defendant currently resides at 1460 Bell Road, Apt. 2126, Phoenix, AZ
85022.
11. ADMITTED.
12. Defendant is unable to adrnit or deny as to the inforrnation Plaintiff possesses.
13. Defendant is unable to adrnit or deny what Plaintiir s knowledge is albeit no other
party has clairns of custody or visitation rights of Preston other than Plaintiff.
14. DENIED. It is denied that the best interest and permanent welfare of the Child win
be served by granting the relief requested. By way of further explanation,
a. When the parties separated the child was not born yet. The parties separated
April 14, 1994 and it would not be until six (6) months later, October 18, 1994, before the child
was bom. Plaintiff had sporatic visitation with the child until the child bccame approxirnately I
year old. Attached hereto as Appendill"A" is a letter dated June I, 1995 frorn Defendant's
then counsel stating he would not seek "rnid-week" partial custody because, albeit not stated,
Plaintilf moved to Maryland (an hour and one-half drive one way) and it would be too
burdensome for Plaintilfto travel during the week to visit the child.
b, Defendant is without sufficient knowledge or informatiun as to what
Plaintiff s feelings are, however, it has never been expressed by Preston of any loss or great
suffering being apart frorn his father. By way of further answer, on May IS, 2000, the child
expressed he does not want to be at his father's house and he has requested Defendant, his
rnother to "come and pick hirn up and take him home,"
c. On Novernber 30, 1999, Plaintilfwas informed of Defendants future plans to
relocate back to Arizona to purnue a college degree. Plaintiff s Mother and brother reside in
Arizona and It is Defendant's intentions to obtain a Paralegal Degree in order to provide a better
source of income to support both she and her son. Plaintiff had five (5) rnonths to express his
belief what the child's best interest regarding school was; however, he chose to conveniently be
silent until the actual date when Defendant left Pennsylvania to pursue her goals, which only
causes great hardship and expense in defending her position.
d. It is neither admitted nor denied what the Plaintiff's home is as Defendant is
without sufficip.nt knowledge or information to form an opinion. Furtherrnore, the only reason
that Plaintiff has another family is due to his abandonrnent of Defendant and the child at issue
when the child at issue was still in Defendant's wornb.
e, Defendant has goals and freely pursue's thern. She has an irnpressive
Resurne, which is attached as Appendix "8" and made a part hereof, which clearly indicates
what her employment history is and thst her skills and experience are highly rnarketable. It also
demonstrates great stability in her life. Defendant only seeks a better way of life for she and her
son.
r. Strict proof thereof is demanded at the time of hearing. .
g, Strict proof thereof is dernanded at the time of hearing.
h: Strict proof thereof is demanded at the time of hearing.
i. Strict proof thereof is demanded at the time of hearing.
IS, ADMITTED,
WHEREFORE, Defendant, Melinda M. Erway, requests this Honorable Court to deny
Plaintift's request for Primary Physical Custody of the minor child, Preston Michael Erway.
COUNTERCLAIM
16. Plaintiffs averments and Defendant's responses thereto in Paragraphs one through
fifteen are incorporated herein as if fully set forth in their entirety.
17, There is a change of circurnstances in that the rninor child is attending school this
year and therefore the current Order rnust be rnodified in order to accommodate his school
scheduled.
MELINDA M. ERWAY
8700 E. UNIVERSITY DRIVE
1/2565
MESA, AZ 85207
(480) J7J-2565
EDUCATION: Port Allegany Hlgb School. Port Allegany, PA
DEGREE: Administrative Business
WORK EXPERIENCE:
Malatesta Hawke & McKeon, LLP
Harrisburg En.rgy Center
100 North T.nth Street
Harrisburg. P A 1710 1
(717)236-1300
ADMINISTRATIVE ASSISTANT: (8/99.,4/00) - Assistant to attorn.ys practicing before the PeMsylvanla Public UtUlty
Commission, Departm.nt of Environm.ntal Protecllon, Commonw.alth Court, Supreme Coun, and Fed.ral Energy
R.gulatory Commission, on matt.rs in the arell! of public utility, .n.rgy, t.l.communlcatlons. wat~r/wastewater,
environmental, land use/zoning. P.nnsylvanla taxation, professlonallic.nsuce, and appellate litigation. DUTIES: Maintain
attorn.y's cal.ndars; typing and pr.pare filings before the Pennsylvania Public Utility Commission, Commonw.alth Court
and Supreme Court. Pr.pare answers to fonnal complaints, dir.cVr.buttal t.stlmony, main and reply briefs, reproduced
records, discov.ry, exc.ptions/r.ply .xc.ptions, draft corr.spond.nc.. Transcribe via dictaphone. court runs, and back-up to
switchboard operator. Comput.r Softwure: Microsoft Word 7.0, Excel, PC DOCS, Outlook, Internel.
Beus, Gilbert & D.viU, P,L.L,C.
3200 North Central A v.nues
Gr.at Am.rlcan Tower, Suil. 1000
Phoenix, AZ 85012-2417
(602) 274-8229
LEGAL SECRETARY: (6/98 - 5/99) - Support for three allomeys practicing before state !\lid f.d.ral couna on Issues in
the ar.a of Accounturll Uability Utigation and Securities litigation, as weli as in R.al Estate Development, Zoning and Land
Us. R.gulation, Land Use and Prop.rty litigation, Environmental and Waler Law, Public Utility and Telecommunications..
DUTIES: Pr.par. various l.gal pl.adings, transcribe via Dictaphone, time entry for attorneys. Computer software:
Microsoft offic. applications; i..., Word, PowerP"int, Excel.
M.Ue, Evans & Woodside
340 I North Front Street
Harrisburg, PA 17110
(717)232-5000
LEGAL SECRET AHoY: (6/88 - 5/98) - Support for partner and associate/legal assistants practicing before administrative
agencies, inclUding the ".nnsylvania Public Utility Commission and Environmental Hearing Board, and state and federal
couns, Attend public m.etings on behalf of the finn, attend and asslscln real eslate closings, assist in the preparation of all
agreements requir.d al closing, and .xtensive client Int.ractlon on behalf of the flnn, DUTIES: Maintain attorney's
calendars; typing and pr.pare filings before the Pennsylvllllla Public Utility Commission, Commonwealth Court and
Supreme Coun. Prepare fonnal complaints, answ.rs to fonnal complaints, main and reply brl.fs, reproduced records,
applications; prepare all fonns of discovery, exceptions/r.ply exceptions, prepared NPDES p.nnit applications, WFLB
applications, Penn vest loan applications, draft routine corr.spondence. Dala processing and spreadsheet Excel.. Computer
Syst.m Administrative duties; i..., archiving and d.lellng, r.trieving, Transcribe via Dictaphone, time entry for anorneys,
court runs, and back-up to switchboard op.rator. Word Processing Skills: Windows, Word P.rfect 6.1, Wang (WP and
WPl'lus) software, bar.k-up to system administrator.
MICHAEL P. ERWAY,
Plaint if f
IN THE COURT OF COMMON PLBAS OF
CUMBERLAND COUNTY, PENNSY~VANIA
V.
MELINDA M, ERWAY,
Iilotfendant
NO, 94-7:276 CIVIL TERM
IN RE I CUSTODY
ORDER OF COURT
. AND NOW, this 17th day of August, 2000, after
hearing, it is ordered and directed as followsl
1. The parties shall shar~ legal custody of the
minor child, Preston M, Erway, born October 18, 1994.
2. Defendant mother shall have, primary physical
custody of the child.
3. Plaintiff father shall have the right of
partial custody as follows.:
a. . During the Christmas holiday in even
numbered years from the end of classes at the commencement
of ,the Christmas vacation from school until December 29th at
5:00 p.m.
b, During the Thanksgiving holiday in odd
numbered years from the end of classes at the commencement
of the Thanksgiving holiday until 3:00 p.m. on the Sunday
. ,prior to the date classes reconvene.
~, Each summer from the Saturday after
classes end until the first Sunday in August at 5:00 p.m.
d. At such other times as the parties may
MICHAELP, ERWAY,
Respondent/Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
v.
NO. 94-7276
MELINDAM. ERWAY,
Petitioner/Defendant
. IN CUSTODY
PETITION FOR CONTEMPT
AND NOW, comes Petitioner/Defendant, Melinda M. Erway, by and thrOU8~,i' ~
attorney, Ernily Long Hoffman, and in support of her Petition avers as follows: ~;::: ~'
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I. Petitioner/Detendant (hereinafter "Mother") is the Mother of Preston M. ~ay b~<Wt
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October 18, 1994, and she resides in Arizona. ~", :")
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2. Michael P. Erway (hereinafter "Father") is the Father of the minor child and he resides
in Maryland.
3. The parties entered into a custody agreernent which was rnade into an order and dated
June 3, 1998 which is attached hereto as Exhibit "A".
4. Pursuant to the Order, Father is provided the rnonths of June, July and August for
visitation.
S. This year a verbal agreernent was entered between the parties in which Mother
allowed Father to have the child for the month of May provided that she could pick' up the child
in early August so that he could begin school in Arizona .in August.
6. Father Is In Contempt of the Order because:
a. he has represented to Mother that he has enrolled the child in school in
Maryland;
b. he has represented to Mother that he does not care about the Court Order;
c. Mother requested in July that she would be picking up Preston in early August
and he has refused to comply.
7. Mother has been put to considerable expense in litigating this matter.
WHEREFORE, Mother requests that this Honorable Court adjudge Father in contempt of
its Order of Court and award Mother reasonable attorney's fees and costs.
I,
Re~lIY subrnitted,
~~Hv
Emily Long Homnan
Sup. Ct. ID # 66307
105 N, Front Street
Harrisburg, PA 17108.1475
(717)233-1112
Attorney for Petitioner '
Date: August 12,2000
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: IN nmCOUaTOPCQMMONlUAS
: ctJMBBIlLAHD coUNTY ,PENNSYLVANIA
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MJ3L,INDA No DWA Y
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: QlILDco::nODY
gmBlDY 1I'I1PlIIA'I'IO.l1jND oUII
AND NOW, dill I~ tY_ day of Af AI' . 1"1, die........
.........WJ7_ll2I' -~I..to bo 1ep11ybollDd witbllPfd IlId1ebllllldlo. JJ7 oldie
eubjeet adIIDr cbIId Pl. I'" M. Erway, bonl~ II, 1994, It it" 0IIl'J'II~'"
DBCllPIm . fbIloM:
A.
I. The .... -.n IIIIre lepI CIIIlDdy oftlll cbI1d.
2. I)et'eadIa& Mall" M. ErwaY ("MDtha") IbIll baYO p'IdIIrY ~,.,I .....eody or
die subject miDor chi!'"
3, Plliatift'MkbuI P. Envay ("Fidler") IIbI1lIlaYe die tolkrwiDl ripts of putiaI
cueody. tbr ~ orviJitllioa:
L P.... ..... be ClIIlI1Iod III viJitllioa 'Wida .. .ub.I- .... cIIIId
duriDI die .......... oIJ.... July.... AVf/Ml- twO 'MClb duriDI
dIe~bollday;
b. FadIIr IbI1l bllIIIIitltId to visitllioa widI die subJectlllillllf dd1cl
duriDaaIIY .,.-._1 timIII.... upoa by tbI ~
Cl.
....,dIID J1 _Jlh_cbikl""",*,.-, " t8-,,_durillldIe- ..
wIllab.._~IioI1~up,,,,,ulY"rdliWl'I..II"\'_1II . 11 U~. ....r.l.
oadletln..~)"buhlldlsrcsumecl1O~.pl ..,~Jh-I. . !y. Tbb
doa _laGlUde die twO '<MlCIk YIsItIdaD pIriod duriDllbI ~ bDllday
DlII'..,..~ pDriod wIdob padeI'" ......... It II ftadIIIr
........11 ~ II.lI'miDar cblId II I'IlUIDllli -=ty die cbI1d ___ ~ - IIIaII
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6. 1& II fIIrk ....A.ud tbI& if tbllDiDar ClblId -1II01ooIpI tlIICIlioaII duar.
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IN 1I'f1l~ waa..OW. .. ..... bnlD law lit................. till......
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CERTIFICATE OF SERVICE
I hereby certifY that a true and correct copy of the attached docurnent was served upon the
following person by depositing in the U.S. Mail, First Class Postage on this day:
,
Susan Kay Candiello, Esquire
1013 Mumma Road, Suite 100
Lernoyne, PA 17043
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By:
Ernily Long an, Esquire
Sup. Ct. ID # 66307
105 North Front Street
P.O, Box 11475
Harrisburg, P A 17108
(717)233-1112
Date:'Augu.t 12~ 2000
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