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HomeMy WebLinkAbout95-05256 r..: F' r:'""'.~.f":;'':Ir.__ - ,. '.,),/11,'- . .. -"'" ";~'~~":;y ~JD ~:-'')2'; '" ..... ": '"\ 1.1} ~;: C~'" " Fci,;,\, :-'-/1,". ,..-' I, ...... ....-,'~.i \ i ~ I':? ..~ IN THE SUPERIOR COURT OF PENNSYLVANIA MICHAEL L. ETTER, Appellant v. Docket Number; 00671HBG96 BRENDA L. VERNET PROOF OF SERVICE I, Michael L. Etter, do hereby certify, subject to the penalty of perjury provided by 18 Pa.C.S.A. Section 4904 [relative to the unsworn falsification to authorities], that I am this date serving a true and correct copy of the foregoing letter requesting to withdraw the appeal, upon the following persons and in the following manner: SERVICE BY FIRST CALSS MAIL; POSTAGE PRE-PAID ADDRESSED AS FOLLOWS: Robert J. Mulderig Attorney for Appellee 32 South Bedford Street Carlisle, Pennsylvania 17013 The Clerk of Courts Cumberland County Court House One Court House Square Carlisle, Pennsylvania 17013 Serivce on this 5th day of September 199~;.,,~ '. '"~~ /~ d; , BY: 07JJ; ,~', _~!::.::.._____ Michael L. Etter, pro se SCI-Houtzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698 . . , - - - - - -- oS: .- -- J= -- ,- w::: -- -: ( =e <II '- co '" .:: " 0 ~ 0 :r " : - - ... ., ... .. <II CO " .. .... ~ 0 '" c ( ., u " '" I~ \ ... <7' > I') .. >- <J) ... " ... >- i" 0 c '" '" N u " ~ c 0 " c .... ..... u 0 <II r) c = '" ,. .., .!I. c ... " .. '" .. ., (- <II ... " ... ... .. 0 ~ ,. u ., u .... .0 ... ., ~ ., .. t:: c '" u 0 u 0 .. 0 ., a ... ... ... I III <'l Co' . \0 oJ \0 ... ... In ., '" ..c '" .c ~ u I ':> .... ..... ., r. <( . , u, . ... -J c( , r "" ('... , .:::> N r r" "" ... J: =:> ; :J .:> 0 Z c.. :r: CERTIFICATE AND TRANSMITTAL OF RECORD UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 lc) To the Prothonotary of the Appellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA THE UNDERSIGNED, Prothonotary of the Court of Common Pleas of CUMBERLAND County. the said court being a court of record. do hereby certify that annexed hereto is a true and correct copy of the whole and entire record. including an opinion of the court as required by PA R.A.P. '1925. the original papers and exhibits. if any on file. the transcript of the proceedings. if any. and the docket entries in the following matter: Case No. 95-5256 Civil Term: No. 671 HBG 1996 Michael L. Etter vs. Brenda L. Vernet The documents compr1s1ng the record have been numbered from No. 1 to No. 120 . and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness. including with respect to each document. the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is AUQust 30. 1996 (Sea! of Court) .;(~1h'N C'. /J0!r~/~ Prothonotary An add:tional copy of this certificate is enclosed. Please sign and dat.) copy, theLeby acknowledging receipt of this record. RECORD RECEIVED: Date: Receivl'd in ~IIP"rior Court SEf' I 'QQ~; HARRISBURG (signature b title) ...... I.n i:c 1.:": ., ~, .' wf"'" c:: ..:.; <..). . ~. 0:' ~^~ . . 01._ 1I.c .J 9: -, } C~ l!.: -., L. '.'J u: L ;1- .... I ," C' \.'1\ 0 Commonwealth 01 Pennsylvania } ss: County 01 Cumberland I. Lawrence E. Welker . I'rothonolary 01 lhe Court 01 Common Pleas in and lor said County. do hereby certily thaI Ihe loregoing is a lull. true and correct copy olthe whole record ollhe case therein stated. wherein Michael L. Et ter Plainlill. and R,...nda L. I Conrad I Vernet Defendant _. as the same remains 01 record Case No. 671 HBG. 1996 before the said Court al No. Q5-52'i6 of Civil Term. A.D. 19_. In TESTIMONY WHEREOF. I have hereunto set my hand and affixed lhe seal of said Court this Thirtieth day of AUQUst A. D.. 19....2L. ,{~t. )~bd~- I Prothonotary I. Harold E. Sheel y President Judge of the Ninth Judicial District. composed of the County of Cumberland. do certify lhat Lawrence E. Welker. Prothonotarv . by whom the annexed record. certificate and allestation were made and given. and who. in his own proper handwriting. thereunlo subscribed his name and affixed the seal of the Court of Common Pleas of said CountI' was. auhe time of sodoing. and now is Prothonotary in and for said County of Cumer and in the Commonwealth of Pennsylvania. duly commissioned and qualified to all of whose actsas such lull faith and credit are and ought to be given as well in Courts 01 judjcature as elsewhere. and thatt e said record. certificate and allestalion are in due form of law and pa ~ by the jp<;rA>fficer. Vi /'01 . 1..1" \1 I l.i Pr(,idcnt fudltl." Commonwealth of Pennsylvania } ss: County of Cumberland I. Lawrence E. Welker . Prothonotary of the Court of Common Pleas in and for the said County. do certify Ihat the Honorable Harold E. Sheel v by whom Ihe foregoing allestalion was made. and who has thereunlo subscribed his name. was. althe lime of making thereof. and still is I'rc,ident.ludge o/the Court of Common I'leas. Orphan' Court and Court 01 Quarter Sessions of the I'eace in and 1m said County. duly Commissioned and qualified; to all whose act, as such lull laith and credit arc and oughl to he given. a' well in Courts of Judicature as elsewhere IN TES1IMONY WIIFR['OF. I h'l\e herennlO set my hand and affixed lhe ,eal of saId ('our! this lO~h da~ of Augus t ^I> IQ.26._. . ~'t....:tf n~l.- e. ~ )L~~~~<<-_/0' (" 1',,'lh"II.'I.111 - PAGE N) l- 11 lO - 11 l2 - 17 18 - 19 Among Ihc Records and Proccedings enrolled In Ihe eourl 01 Common Pleas in and for Ihe county of CUlrberland No. 671 HBG 1996 10 No, 95-5256 Civil Term in thc Commonwealth of I'ennsylvania rerm. 1'1 is contained thc following: COPY OF Appearance DOCKET ENTRY Michael L. Etter vs. Brenda L. IConrad) Vernet Oct. 3,6, 1995, Complaint for Visitation, Application to Proceed In Forma Pauperis. aoo Order of Court, filed. AND f'Oo/. October 5. 1995, upon consideration of the attached COTplaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq.. the conciliator, at 4th Floor C\rrberland Co. Courthouse, on the 1st day of December. 1995, at 9:30 a.m., for a Prehearing 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. aoo to enter into a terrporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not manda- tory. Failure to appear at the conference may provide grounds for entry of a terrporary or permanent order. For the Court. Hubert X. Gilroy, Esq.. Conciliator Oct. 31, 1995, Proof of Service by Certified Mail. filed. Nov. 17, 22, 1995. Motion to Compel Attendance of Incarcerated Party and Order of Court. filed. AND f'Oo/. this 2200 day of November. 1995. upon consideration of Plain- tiff's Motion to Compel Atteooance of Incarcerated Party, it is ORDERED aoo DIRECTED that Plaintiff be permitted to participate in the custody concil- iation conference by telephone. The county shall bear the cost of the pOOne call. 'mE custody conciliation conference is scheduled in this matter for December 1, 1995, at 9:30 a.m. By the Court, J. Wesley Oler, Jr., J. Dee. 29, 1995, Conciliation Conference Sl.Il11\arY Report, aoo Court Order, f il AND f'Oo/, this 28th day of December. 1995. upon consideration of the attached Custody Conciliation Report, it is ordered aoo directed as follows: 1. The Mother. Breooa L. Vernet. formerly Breooa L. Conrad. shall continue to maintain physical and legal custody of Dallas Michael Conrad. born February 23, 1983. 2. The Father. Michael L. Etter, shall enjoy visitation with his minor child under the following circumstances: A. One Sunday afternoon per nnnth for December. January. aoo February. This visitation shall take place at the State Correctional Institution at Smithfield. The Paternal Grandfather of the child shal handle transportation of the child to and fran the state correctional institution. Mother shall be advised at least 14 days in advance as t which Sundays in the next three rrorlths the chi Id will be traveling wit his grandfather to visit his Father. The sunday before Christmas and the Suooay before New Years shall not he .l\',llJable for this visitation. PAm NJ. l8 - 19 3. The parties shall conduct another Custody Conciliation before Hubert X. Gilroy. Esquire. on the 7th day of March. 1996. at 10:30 a.m. at which t~ the case will be reviewed again and the Plaintiff. Michael L. Etter. shall be permitted to participate in the Custody Conciliation Con- ference by telephone. By the Court, Edgar B. Bayley. J. 20 - 27 March 3,14, 1996, Petition for Contempt and Order of Court, filed. In Re: Scheduling hearing on March 22. 1996, at 9:30 a.m. For the Court. Hubert X. Gilroy. Esq.. Conciliator 28 - 29 March 20, 1996, Praecipe to Change Plaintiff's Address. filed. 30 - 33 Hay 8, 1996, Conciliation Conference Sunnary Report, and Order of Court. filed. AND NOW. this 8th day of May. 1996. upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: (1) A hearing is scheduled in Courtroan No. 2 of the Cumberland County Courthouse at 2:30 p.m., Wednesday, June 19, 1996. at which t~ testimony in the above case will be heard. At this hearing. the Court will consider the Petition for ContEllllt and Petition for Visitation filed by Michael L. Et er. (2) The Sheriff of Cumberland County shall transport Michael L. Etter to this hearing and then return him to his place of incarceration. By the Court. Edgar B. Bayley. J. 34 - 44 Hay 23,30, 1996, M:>tion for Consolidation of Cases, and Order of Court, fil AND NOW. this 30th day of May. 1996. the motion to consolidate a 3UPPO case with the within custody case. IS DENIED. By the Court. Edgar B. Bayley. J. 45 - 48 June 26, 1996, Opinion and Order of Court, filed. In Re: Custody AND NOW, this 26th day of June. 1996. the canplaint of plaintiff seeki visitation with his son while he is incarcerated in a state correctional institution, IS DENIED. By the Court. Edgar B. Bayley. J. 49 - 65 Aug. 13, 1996, Petition for Leave to Appeal Nunc Pro Tunc, Continuation of In Form:! Pauperis Status for Purposes of Appeal. Order of Court, Notice of Appeal to Superior Court. and Order for Transcript, filed. AND NOW, this 12th day of August. 1996. the appeal of Michael L. Etter to the Superior Court of Pennsylvania from this court's order of June 26, 1996. SHALL BE ALlOffiD ~ PRO 'IUN::. By ':he Court. Edgar B. Bay ley. J. 66 - 67 Aug. 20. 1996, Superior Court of Pennsylvania Notice of Appeal O::lcketing to No. 671 HBG 1996, filed. 68 - 116 Aug. 27. 1996, Transcript of Proceedings, filed. In Re: Custody 117 - l20 Misc. Michael L. Etter, AT-1195 SCI Houtzdale State Route 2007, P.O. Box 1000 ___1I0~!!dal~L_E~~~!ll~~~i~_!~~2~___ May 16, 1996 Mr. Lawernce Welker Prothonotary Cumberland County One Court House Square Carlisle, pennsylvania 17013 re: ~!!~!~~~!~~!L 95-5256 CIVIL TERM In Custody/Visitation. Dear Sir; Enclosed you will find two copies (original + 1) of my Motion For Consolidation of Cases, to be filed and processed under the above referenced case. As you will notice on my Certificate of Service, all other parties concerned with this action have been served with a copy of this Motion. I thank you in advance for your consideration in this matter. Kindly send me a copy of any order issued relative to this Motion. Be assured of my best wishes. Very ~~ yours, ~ it::, pro se cc: enclosures Michael L. Etter. AT-1195 SCl-lIoutzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698-1000 The Clerk of Courts Cumberland County Court House One Court House Square Carlisle, Pennsylvania 17013 RE: Etter v. Vernet, 95-5256 civil Term Dear Clerk: Enclosed please find the original and one copy (total 2) of my motion requesting transcripts for filing and processing purposes. As indicated on the attached proof of service the Court/Judge and opposing party has been served. Additionally, I have previously been granted forma pauperis status, hence I assume the filing fees are waived. Thank you for your consideration in this matter. As always, be assured of my best wishes. Ve r;;;;u YJJ~~~ //~.#Jf:-: . -- Michael L. Etter, pro se - - CERTI ~'ICAT~: AND TRANSMITTAl. m' RECORD UNDER OF API'ELLAT~; I~ROCEDURE 1931..J..El PENNSYI.vANIA RUI.E To thc Prothonotary of thc Appellate Court to which the within matter has becn appcaled: SUPERIOR COURT OF PENNSYLVANIA THE UNDERSIGNED. Prothonotary of the Court of Common Pleas of CUMBERLAND County. the said court being a court of record. do hereby certify that annexed hereto is a true and correct copy of the whole and entire record. including an opinion of the court as required by PA R.A.P. 1925. the original papers and exhibits. if any on file. the transcript of the proceedings. if any. and the docket entries in the following matter: ~/CO~~_ Case No. 95-5256 Civil Term: No. 671 HBG 19~~ . 04'Ji/~ Michael L. Etter u~p . S(, '7'1J1' P "'1.'1 ..$) oS ~ . V,fr ~f~. [96' ~b',f8 'tV vs. Brenda L. Vernet The documents compr1s1ng the record have been numbered from No. 1 to No. 120 . and a ttached hereto as Exhibi t A is a list of the documents correspondingly numbered and identified with reasonable definiteness. including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is AUQust 30, 1996 (Seal of Court) ;(~V6N_ C'. JJ;;~/~ Prothonotary An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. RECORD RECEIVED: Date: (signature & title) " \ f) ..-., -- Commonwealth of I'ennsylvania Coonly of Cumherland } ss: I. Lawrence E. Welker . Prolhonotary of Ihe Courl of Common Pleas in and for said Counly. do herehy eenify thai the foregoing is a full. true and correct copy oflhe whole record oflhe case Iherein slaled. wherein Michael L. Etter Plainliff. and Case No. 671 HBG. 1996 Brenda L. { Conrad I Vernet Defendanl _. as the same remains of record hefore the said Courl at No. Q'i-'i2'ifi of Civil Term. A.D. 19_. hereunlo sel my hand and affixed the seal of said Court day of AUQUst A, D.. 19...2L. ~~u~n~ e. )V:zLht..,b'et<c: PrnthUn(llar~. In TESTIMONY WHEREOF. 1 have Ihis Thirtieth I. Harold E. Sheely President Judge of the Ninth Judicial District. composed of thc Counly of Cumberland. do certify that Lawrence E. Welker. Prothonotary . by whom the annexed record. certificate and allestation were made and given. and who. in his own proper handwriting. thereunto subscribed his name and affixed the seal oflhe CourlofCommon Pleas of said Counly. was. al the time of sodoing. and nowis Prothonotary in and for said Coonty of Cunberland in the Commonwealth of Pennsylvania. duly commissioned and qualified toall of whose actsas such full faith and credit arc and oughllo be given as well in Courts of judjcature as elsewhere. and that the said record. cerlificate and allestalion arc in due form of law and ma hy the proper officer. I {l j , \ i. ~ .lh..",.d(nl .Iud~~ Commonwealth of Pennsylvania Counly of Cumberland }ss: I. Lawrence E. Welker . Prothonotary of the Court of Common Pleas in and for the said County. do certify thai the Honora!>le Harold E. Sheely toy whom the foregoing alleslation "as made. and who has thereunlo sut>.cribed his name. was. at the lime of making I hereof. and still is Presidem Judge of the Court of Common Pleas. Orphan' Coun and Court of Quarter S...sions of the Peace in and fo, said County. duly Commissioned and qualified; 10 all whose acts as such full failh and cn.'IIit arc and ought III hc,' gisen. as "ell in Courts of judicature as elsewhere. I~ I f:S liMOS" WIlf:RHW. I hase hereunto set ms hand and all i s.'II the seal ot said Court this ~rit-h das 0' August "I> 1'I2.n.. y. . t )1'~" I ~~~~l' n~ , ...!c_L~Jo..:h4~{t'- 1""lh,,,,,'l.lt\ ~I I ,., c I ~ " c .... " . '" '" 0 c Q) Q v '" c E E ~ . = " ~ ~ Ci u u Q 0: f- f- I.i II.l ~ ~ = 'E .-i '" Q " .~ .... '" II.l III > .... ~ 8 .-i u - "" .~ l&l :> '" j u - ] 10 . - \D ...:l . ;. ~ :I: lf1 ...:l ~ N .-i i! .-i lf1 ~ j II.l r- I ~ .. \D lf1 II.l ~ a- U i! E :is E :l u ci ci 0 '" c ~ ~ c c ;z Z u. ..: v l.U ..,; '- PAGE NJ 1- 11 10 - 11 12 - l7 lB - 19 ~ - Among the Records and Proceedings enrolled in the court of Common Pleas in and for Ihc county of CUmberland No. 671 HBG 1996 95-5256 Civil Term Term. 19 is contained the following: in the Commonwealth of Pennsylvania 10 No. COPY OF Appearance DOCKET ENTRY Michael L. Etter vs. Brenda L. I Conrad I Vernet Oct. 3,6. 1995, Complaint for Visitation, Application to Proceed In Forma Pauperis. and Order of Court, filed. AND NOW. October 5. 1995. upon consideration of the attached complaint. it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq., the conciliator. at 4th Floor Cumberland Co. Courthouse, on the 1st day of December, 1995. at 9:30 a.m.. for a Prehearing 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 tefllXJrary order. Either party may bring the child who is the subject of this custody action to the conference. but the child/children's attendance is not manda- tory. Failure to appear at the conference may provide grounds for entry of a terJllOrary or pennanent order. For the Court. Hubert X. Gilroy. Esq., Conciliator Oct. 31. 1995, Proof of Service by Certified Mail, filed. Nov. 17, 22, 1995. M:>tion to Compel Attendance of Incarcerated Party and Order of Court. filed. AND NOW, this 22nd day of November. 1995. upon consideration of Plain- tiff's M:>tion to Compel Attendance of Incarcerated Party. it is ORDERED and DIRECI'ED that Plaintiff be permitted to participate in the custody concil- iation conference by telephone. The county shall bear the cost of the phone call. THE custody conciliation conference is scheduled in this matter for December 1. 1995. at 9:30 a.m. By the Court. J. Wesley Oler. Jr.. J. Dec. 29, 1995, Conciliation Conference Srnrnary Report, and Court Order. fil AND NOW. this 28th day of December. 1995. upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: 1. The M:>ther, Brenda L. Vernet, formerly Brenda L. Conrad, shall continue to maintain physical and legal custody of Dallas Michael Conrad, born February 23. 1983. 2. The Father. Michael L. Et ter. shall enjoy visitation with his minor child under the following circunstances: A. One Sunday afternoon per month for December. January. and February. This visitation shall take place at the State Correctional Institution at Smithfield. The Patern,11 Grandfather of the child shal handle transportat ion of the chi ld to ,md frun the state correct ional institution. M:>ther shall be advised at least 14 days in advanc'e as t which Sundays in the next three nnnths the ,-hild will he travelinq wit his qrandfather tn visit his Father. T11(> Sunday beforE' Christmas and the Surrlay befnre New Ye.lIS SI.111 not t~, ,1\...II.1ble for this visitiH ion. v ......." "" PAGE K>. l8 - 19 3. The parties shall conduct another Custody Conciliation before Hubert X. Gilroy. Esquire. on the 7th day of March, 1996. at 10:30 a.m. at which time the case will be reviewed again and the Plaintiff, Michael L. Etter, shall be permitted to participate in the Custody Conciliation Con- ference by telephone. By the Court. Edgar B. Bayley. J. 20 - 27 March 3,14, 1996, Petition for Contempt and Order of Court, filed. In Re: Scheduling hearing on March 22, 1996. at 9:30 a.m. For the Court. Hubert X. Gilroy. Esq., Conciliator 28 - 29 March 20, 1996, Praecipe to Change Plaintiff's Address. filed. 30 - 33 Hay 8. 1996. Conciliation Conference Sunmary Report. and Order of Court, filed . AND NOW. this 8th day of May. 1996. upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: (l) A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse at 2:30 p.m.. Wednesday. June 19. 1996. at which time testimony in the above case will be heard. At this hearing. the Court will consider the Petition for Contempt and Petition for Visitation filed by Michael L. Et ere (2) The Sheriff of ClI11berland County shall transport Michael L. Etter to this hearing and then return him to his place of incarceration. By the Court. Edgar B. Bay ley. J. 34 - 44 Hay 23,30, 1996, M:Jtion for Consolidation of Cases, and Order of Court. fil AND NOW. this 30th day of May. 1996. the motion to consolidate a suppa case with the within custody case, IS DENIED. By the Court. Edgar B. Bayley, J. 45 - 48 Jme 26. 1996. Opinion and Order of Court, filed. In Re: Custody AND NOW, this 26th day of June, 1996. the complaint of plaintiff seeki visitation with his son while he is incarcerated in a state correctional institution. IS DENIED. By the Court, Edgar B. Bayley, .J. 49 - 65 Aug. 13, 1996, petition for Leave to Appeal Nunc Pro Tunc. Continuation of In Forma Pauperis Status for Purposes of Appeal. Order of Court, Notice of Appeal to Superior Court. and Order for Transcript. filed. AND NOW. this l2th day of August, 1996. the appeal of Michael L. Etter to the Superior Court of Pennsylvania from this court 's order of June 26. 1996. SHALL BE ALLClo/ED NUNC PRO 'IUfIC. By the Court. Edgar B. Bayley. J. 66 - 67 Aug. 20, 1996. Superior Court of Pennsylvania Notice of Appeal LOcketing to No. 67l HBG 1996. filed. 68 . 116 Aug. 27, 1996, Transcript of Proceedings. filed. In Re: Custody ll7 - 120 Misc. " ~ - ocr 03 \99Jb(.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff V. BRENDA L. CONRAD, Defendant CIVIL ACTION - VISITATION c:~-r~ NO.'IS-,j',).S'fc 1995 "" "" .. .. ,," ". "" ." .. "" "" ". "" .. .. .. ." ." .. "" ORDER OF COURT You, Brenda L. Conrad, defendant have been sued in court to obtain visitation of the child: Dallas Michael Conrad. You are ordered to appear in person at on , at , ___.m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Court Administrator Cuaberland County Court House Fourth Ploor Carlisle, PA. 17013 (717) 240-6200 BY THE COURT, J. 2- ~ '""' She is single. The father of the child is Michael L. Etter, currently residing at the State Correctional Insititution at Smithfield, located at 1120 Pike Street, Huntingdon, Pennsylvania, 16652. He is divorced. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Fellow inmates of the State Correctional Insititution at Smithfield, located at 1120 Pike Street, Huntingdon, Pennsylvania 16652. 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Defendant's natural mother and father. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the visitation 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 claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The child has reached an age where his ability to recognize the importance of self worth and self-esteem. -2- '"'" ~ In order for the child to stable and secure manner, grow emotionally in a he must be assured that the love of his father is available and unconditional. A child has an absolute right to share a meaningful loving relationship with his father, just as a father has an absolute right to share a loving relationship with his son. Defendant's interference with Plaintiff's attempts to share a meaningful relationship with his son will inevitably cause a hinderence in the growth and maturity of the child, should it be allowed to continue. The child has reached an age where decisions made will ultimately affect the rest of his life, and should be exposed to the mistakes made by his father, and receive the guidance of his father in an attempt to avoid the child suffering through those same mistakes. 8. 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. All other persons, named below. who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. THERE ARE NO OTHER KNOWN PARTIES TO THIS ACTION. WHEREFORE, Plaintiff request the court to grant visitation of the child once per month, monthly school reports from his home; bi-annual photos; and other relief as this court determines just and fair. Dated: ~l?~ 9')- Respectfully submitted, 4.//;! t/b Michael L. Etter -3- ...... ~ VERIFICATION I, Michael L. Etter, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: Michael L. Etter, pro se SCI Smithfield 1120 Pike St., Box 999 Huntingdon, Penna. 16652 -4- (\~ lL ...,.., I-; C7'> - ~ ... -1 ~ .." J r ..... " = , .- , {OI311~ ....... I i '~;" h'J , ,. v', V' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. CIVIL ACTION AVISITATION u.~ ..,-~ NO. 9s - .r.;S{, 19H BRENDA L. CONRAD, Defendant .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. APPLICATION TO PROCEED IN FORMA PAUPERIS NOW COMES, Michael L. Etter, and respectfully moves for this Court to grant him leave to proceed in forma pauperis, pursuant to Pa. R. Civ. P., RULE 240, and represents: 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and cost of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the cost of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Michael L. Etter Address: 1120 Pike St., Box 999, SCI Smithfield, Huntingdon, Penna. 16652 Social Security Number: 180-52-8661 (b) Employment: I am not presently employed. was approximately October of 1993, per hour working as a carpenter. My last date of employment where I earned $12.00 (c) Other income within the past twelve months: I have had no income within the past twelve months, due to my being incarcerated in the State Correctional Institution at Smithfield. I do recieve nominal allowances ,-... ~ J APPLICATION TO PROCEED IN FORMA PAUPERIS, PAGE 2 from my prison work detail in the amount of approxiamtely $32.00 per month. I have received no income from any business or profession. I have received no income from other self-employment. I have received no interest of any type. I have received no pensions or annuities. I have received no social security benefits. I have received nosupport payments. I have received no disability payments. I have received no compensation and/or supplemental benefits. I have received no workman's compensation benefits. I have received no public assistance. I have received no other income of any sort during the past year. (0) I am divorced and have no contributions to household support, since I am incarcerated. (e) property Owned. I have no cash. I have no checking account. I have no savings account. I have no certificates of deposit. I have no equity in real estate. I own no vehicle. I have no stocks, bonds, or other property of monetary value. (f) Debts and obligations. ""' -. APPLICATION TO PROCEED IN FORMA PAUPERIS, PAGE 3 Mortgage: I owe my father in excess of five thousand dollars on real estate. I owe my grandfather in excess of two thousand dollars on real estate. I have no rent due to my incarceration. I have no other loans. (gl There are no other persons dependent upon my support at this time due to my situation of being incarcerated. (41 I understand taht I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the cost incurred herein. (5) I verify that the statements made in this affidavit are true and correct. I understand taht false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: 5tof.;? 'i 9 <) , I Respecfully submitted, Ml#idet!!f:: SCI Smithfield 1120 pike St., Box 999 Huntingdon, Penna. 16652 ..-... ~ e ~?y /o/3/!QS . , ... MICHAEL L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - VISITATION BRENDA L. CONRAD, Defendant NO. 95-5256 Civil PROOF OF SERVICE BY CERTIFIED HAIL I, Michael L. Etter, hereby verify, subject to the penalty of perjury under 18 Pa. C.S. Section 4904 [pertaining to unsworn falsification to authorities], that 1 have served a copy of my Complaint For Visitation, and a copy of the Order and Notice, signed by Hubert X. Gilroy on October 1, 1995, scheduling a prehearing custody conference for Friday December 1, 1995, upon the Defendant, Brenda L. Conrad, by certified mail, return receipt requested. The return receipt card, showing the Defendant's signature and date of delivery, is attached hereto as exhibit "A". I further verify that I am familiar with the Defendant's signature, having witnessed it on several previous occasions, and that the signature on the return receipt care is that of the Defendant, Ms. Brenda L. Conrad. Date: 1't?/;Z719~ ~<r , 7R.;~ Michael L. Etter, Plaintiff, pro se ( ". ....... MICHAEL L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA V!l. CIVIL ACTION - VIJITATION BRENDA L. CONRAD. 111-' "lId.1f11 r If I. ')', ',) "~(I ,'i 'I I I PROOF OF SERVICE I, Michael L. Etter, do hereby verify, subject to the penalty of perjury under 18 Pa. C.S. Section 4904 [relative to unsworn falsification to authorities], that I have this date served a true and correct copy of my Proof of Service by C~~tified Mail upon the D0f0ndont, Brenda T.. Conrad, by placing Hame in the United StateH MiliL. ~ostagc ~rc-~aid, in the manner 1ndicated below: SERVICE BY FIRST CLASS HAIL: ADDRESSED AS FOLLOWS: Brenda L. Conrad Meadow Brook Road Carlisle, Pennsylvania 17013 Date: 1t!;'7/9" , ~2tf7~ Michael L. Etter, pro se SCI Smithfield 1120 Pike Street, Box 999 Huntingdon, Pennsylvania 16652 EXHIBIT -A- i eComplel. ~ 1 ardor 2101 ICIdiIDftII NMcft. .. _COmpIet. tttml3. .a. and ct!. I _PnnI your name and aden.. on 1M ,....,.. of INs form 10 "'I' we can ~um tN, _10 you . AIIec:tl "'" Iofm 10 It'll "onl of IN madpIeCI. or on the bKIl " IPecI doeI not - I IWI'it. o""1IM A~ "<</Uft'ID' on the mallpteee belOw the .ntell number. ti 'The Rill""," Recttpt WIll sno- to whom "" ,nld,.1I cteItv~ end thI dat. S - 13. At1Ictt Addrt..ed to EXCA//'oIJ L~.:It/^IJ b Mc~7rr1' i'>RL."K Ro:J/) L~"t~/.../~,-,,-~ ,.)'~/~l</J1,'l".,1, /)( /_? 5 RtetNed BV' rpnnt Namel I also wIIh to rtc:eIvt Iht tollowlng ..Mett (lor an tJCI"t..): t.D Add........ Addrt.. i 2. 0 Rutncted OtIlvtry j ConIUll pootnalttr lor t... I 4a. "rudt Number. 2- - 0 {..)' '19(-; - fo;; s- 4b. SeNlct Type j o Rtgo.ttrtd ~.r1ified o Eop.... Mt~ 0 In.ured f Rtlum Rtotopt 101_. 0 COD 7 Dall ot Deliver? ~ 2 4 \ 9~ t 8 Add........ -- (Only" requoltd 1, end ,.... paid) ! R ... ~ I ~ ::C "- N Lt> '..-, - ~. . . 0- .... = ~',.... ~,- :! ';P.'~...,; :"." :':,:z. (,." ,.' :;0 4.~ ~~'-l:l~; ~;:. ~,... C'. 4.1"), ~. ~~ ~..': ...., 1.;-.aJ ; .i:o.. ., ~, Nov 22 2 51 PH '95 'I, 'r-!WFlr~ '.f' -! '..' 'j, .U.y CUI-'..~: ~'TI..(. 1;., PI ffl.~. r'L... ... ',~ .. , ' .,'. , 01 'Ii~>i tJ.... LV 1.,;,. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - VISITATION MICHAEL L. ETTER, Plaintiff BRENDA L. CONRAD, Defendant NO. 95-5256 CIVIL o R D B R AND NO~I this day of , 1995, the plaintiff's motion for an Order to compel his presence at the hearing sceduled in this matter for December 1, 1995, is hereby granted. James Morgan, Superintendent at the State Correctional Institution at Smithfield, located in Huntingdon, Pennsylvania, is hereby ordered and directed to release Michael L. Etter, the plaintiff in this action, to the custody of the Sheriff of Cumberland County, or other authorized agent. The Sheriff of Cumberland County is ordered and directed to take custody of and transport Michael L. Etter to Cumberland The Sheriff of Cumberland County is further ordered and County within a reasonable amount of time prior to December 1, 1995, for the hearing scheduled in this case. directed to transport Michael L. Etter to the Cumberlnnd County Court House, Fourth Floor for the hearing sch0duled at 9:30 a.m. on December 1, 1995. While in Cumberland County, Michael L. Etter, shall remain in the custody of tr.e Sheriff. At the conclusion of the hearing, \~. ,...., ORDER TO COMPEL PRESENCE PAGE 2 the Sheriff of Cumberland County shall return Michael L. Etter to the State Correctional Institution at Smithfield and the custody of the Pennsylvania Department of Corrections to complete service of his sentecnce. It is so ordered and directed. BY THE COURT: J. It{ ~ --- 1;).1J.9/95 ", ~ 1''- .-.. ,tt MICHAEL L. E'l'TER, Plaintiff : IN 'l'HE COUR'l' OF COMMON PLEAS OF :CUHBERLAND COUN'l'Y, PENNSYLVANIA : v :NO. 5256 - CIVIL - 1995 : BRENDA L VERNE'l' Defendant . . :CIVIL AC'l'ION - CUS'l'ODY COUR'l' ORDER AND NOW, this U day of ~ , 1995, of the attached Custody Conciliatidn Report, directed as follows: upon consideration it is ordered and 1, 'l'he Mother, Brenda L. Vernet, formerly Brenda L. Conrad, shall continue to maintain physical and legal custody of Dallas Michael Conrad, born February 23, 1983. 2. 'l'he Father, Michael L. Etter, shall enjoy visitation with his minor child under the following circumstances: A. One Sunday afternoon per month for December, January, and February. 'l'his visitation shall take place at the State Correctional Institution at Smithfield. The Paternal Grandfather of the child shall handle transportation of the child to and from the state correctional institution. Mother shall be advised at least 14 days in advance as to which Sundays in the next three months the child will be traveling with his grandfather to visit his Father. The Sunday before Christmas and the Sunday before New Years shall not be available for this visitation. 3. 'l'he parties shall conduct another Custody Conciliation before Hubert X. Gilroy, Esquire, on the 7th day of March, 1996, at 10:30 A.M., at which time the case will be reviewed again and the Plaintiff, Michael L. Etter, shall be permitted to participate in the Custody Conciliation Con'erence by telephone. ; BY THE COURT, ," f Judge , cc: Robert J. Mu1derig, Esquire Michael L. Etter, AT-119S State Correctional Institution Judge J. W~sley Oler, Jr. e..,\~_~".~L ,t I :L/'" <,{ r; S' #~ ,. - -- ~ - t-,; \.. .- :....~) .- ~ u{-' Cf' :.") ~ " . Lr'!( , .- U.' ... l \~ ~ <1" ., r" C' t'- \,1\'" ~ . c, ,.. \. '- \': ,.-, ',~} c. -.... '.. .' .. .. I) ~ . --- ~ 3/7-N/<l~ * C'l'\ \ CX\c\e.\ e -\\c-v Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA . . V * \3\'<Md.o. L, Con V-&1endant :CIVIL ACTION - LAW . ;NO. ~ 5~ CIVIL :CUSTODY/VISI-TATION 1995 ORDER OF COURT f't\" { ( ~ \) \(.'1 (, AND NOW, this (date) . , upon consideration of the attached complaint, it is hereby directed that the partie~and their respective counsel appear before the con~~~tr, at · on the h day of , 9 ''1(.. , at f: ", M., for a Prehearing Custo y 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pexmanent order. , FOR THE COURT: BY:~I.I1:J1.'LM..A P~.P':' Custody con~in~!:Jr U YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 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 COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 2-0 ~ .., " ' ' , ! H." 3 . ;q1~ (}d. lbl'Y ,..$ -6 "'f'I 'I'/f . 3 -/'1-96 )1"iu It{,t~' -to dfI-I d:lf /t~'7 3 '/~ft &/1 /~a:./ .t.". c/I, .4d~ #- . ...... (]e~"A'II'- .-... '.", . ,tf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL ETTER : CIVIL ACTION -- LAW NO. 95-5256 CIVIL : vs. : BRENDA L. CONRAD VISITATION NOTICE AND ORDER TO APPEAR PETITION FOR CONTEMPT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court in visitation. I f you wish to defend against the claim set forth in the fOllowing pages, you may but you are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections. you must appear in person in Court on the day of , 1996. in Court Room before the Honorable Edgar B. Bayley. IF YOU DO NOT APPEAR IN PERSON. THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its order for visitation. you may be found to be in contempt of court and committed to jail. fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A i.AWYBR OR CANNOT AFFORD ONE. 00 TO OR TBLEPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHERB ~ MICHAEL L. ETTER Proceeding Pro Se SCI-Smithfield P.O. Box 999 1120 Pike Street Huntingdon, Pennsylvania 16652 MICHAEL L. ETTER : IN THE COURT OF COMMON PLEAS : OF CUMBBRLAND COUNTY, : PENNSYLVANIA : VB. NO. 95-5256 CIVIL TERM . . : : BRENDA CONRAD VERNET : CIVIL ACTION - LAW/VISITATION PETITION FOR CONTEMPT VISITATION 1. Peti tioner is Michael L. Etter, who resides at 1120 Pike Street, Box 999, Huntingdon, Pennsylvania 16652. 2. Respondent is Brenda Conrad Vernet. who resides at 602 Meadow Brook Road, Carlisle, Pennsylvania 17013. 3. On December 28. 1995. the Honorable Edgar Bayley entered the following visitation Order (see attached BIHIBlf A): The Father, Michael L. Etter. shall enjoy visitation with his minor child under the fOllowing circumstances: A. one Sunday afternoon per month for December. January, and February. The visitation shall take place at the State Correctional Institution at Smithfield. The Paternal Grandfather of the child shall handle transportation of the child to and from the state correctional institution. Mother shall be advised at least 14 days in advance as to which Sundays in the next three months the child will be traveling with his grandfather to visit his Father. The Sundays before Christmas and the Sunday before New Years shall not be --. ~ . . VERIFICATION I hereby verify under the penalty of perjury, 18 Pa.C.S. ~ 4904 (pertaining to unsworn falsifications to authorities), that the information presented in the foregoing Petitlon for conte.pt is true and correct upon my personal knowledge and belief. Executed this S day of ,II/J.e:e 4 . 1996. ~~~ Michael L. Etter . . -- -- CERTIFICATE OF SERVICE I, Michael Etter. do hereby certify, subject to the penalty of perj ury , 18 Pa. C. S. ~ 4904 (pertaining to unsworn falsifications to authorities), that I have this day caused to be served by United States mail. postage prepaid, copies of the foregoing petl tloll for COllte.pt upon the persons and in the manner indicated below: SERVICE BY FIRST CLASS MAIL; ADDRESSED AS FOLLOWS: Brenda Conrad Vernet 602 Meadow Brook Road Carlisle, PA 17013 Robert J. Mulderig, Esq. 32 South Bedford Street Carlisle, PA 17013 (Couasel for Defelldallt) Hubert X. Gilroy, Esq. Custody Conciliator Four North Hanover Street Carlisle, PA 17013 ~~ SCI -Smi thfield P.O. Box 999 1120 Pike Street Huntingdon, PA 16652 Date: ;/.3/9u , 2.~ IJEC 21 h.%bV MICHAEL L, ETTER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 5256 - CIVIL - 1995 : BRENDA L VERNET Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this ;18 t1.day of f).t.U~~t.cv of the attached Custody Conciliation directed as follows: , 1995, upon consideration Report, it is ordered and 1. The Mother, Brenda L, Vernet, formerly Brenda L. Conrad, shall continue to maintain physical and legal custody of Dallas Michael Conrad, born February 23, 1983. 2. The Father, Michael L. Etter, shall enjoy visitation with his minor child under the following circumstances: A, One Sunday afternoon per month for December, January, and February. This visitation shall take place at the State Correctional Institution at Smithfield. The Paternal Grandfather of the child shall handle transportation of the child to and from the state correctional institution. Mother shall be advised at least 14 days in advance as to which Sundays in the next three months the child will be traveling with his grandfather to visit his Father. The Sunday before Christmas and the Sunday before New Years shall not be available for this visitation. 3. The parties shall conduct another Custody Conciliation before Hubert x, Gilroy, Esquire, on the 7th day of March, 1996, at 10:30 A.M., at which time the case will be reviewed again and the Plaintiff, Michael L. Etter, shall be permitted to participate in the Custody Conciliation Conference by telephone. BY THE COURT, Ld ~..'l:>'.~ Judge E ar B. Bayl y cc: Robert J. Mulderig, Esquire Michael L. Etter, AT-1195 State Correctional Institution Judge J. Wesley Oler, Jr. ,L. r '/ '... > / 0- ,"--/ /. /" -,/ TRUE COpy FROM RECORD In Teslimony \/.'hcrcof, I h. r.' IInlo s.)1 my hand Jnd the seal of SJid (ourl at (arlisl~, Pa. This ')'1;U., dJY of .t)u.... 19"r ...-.JA.;'l'U . ~:;'lw......._ .2Jjd;j. Pn"hJIH,t,.ry '""" --- Certificate Of Service I, the undersigned, do hereby certify, subject to the penalties of perjury, 18 P~. C.S. ~ection 4904 [relative to unsworn falsification to iluthorities], that I have thi.s day caused to be served by United States mail, postage pre~aid, copies of the foregoing Praecipe To Change Plaintiff's Address upon the persons ano in the manner indicated below: Service By First Class M"il: Addressed As Follows: Brenda ~onr3d Vernet 602 Mcadow Brook Road Carlisle, PA 17013 Rob2rt J. ~uldcrig, esq. 32 South Bedford Street Carlisle, PA 17013 (counsel for defendant) Hubert X. Gilroy, esq. Custody Conciliator Four North H~novcr Street Carlisle, PA 17013 On this 15th day of Ma~ch, 1996. ~/~ By: ~.Ii.chael !::. Etter, pro se SCT floutzaale P.O. Box 1000 Houtzdale, Penna. 16698 , ~ ~ ,-. MICHAEL L. ETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L. VERNET, DEFENDANT 95-5256 CIVIL TERM IN CUSTODY QRD~B OF COUBI AND NOW, this 8th day of May, 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: (1) A hearing is scheduled in Courtroom No.2 of the Cumberland County Courthouse at 2:30 p.m., Wednesday, June 19, 1996, at which time testimony in the above case will be heard. At this hearing, the Court will consider the Petition for Contempt and Petition for Visitation filed by Michael L. Etter. (2) The Sheriff of Cumberland County shall transport Michael L. Etter to this hearing and then return him to his place of incarceration. By the CoAt, i ,. / .t Michael L. Etter, AT-1195 SCIHoutzdaJe P.O. Box 1000 HoutzdaJe, PA 16698-1000 (:~..., ~..~ ~/q /9{" . ,ob. f. Robert J. Mulderig. Esquire For Defendant Sheriff of Cumberlancl County - ....'''-\ .{ :saa l4a-l--- c,'t-.... ]0 ~- .~ 1""\ I"', MICHAEL ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: NO. 5256 CIVIL 1995 v BRENDA L. VERNET, Defendant CIVIL ACTION - CUSTODY . . PRIOR JUDGE: The Honorable Edgar B, Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dallas Michael Conrad, born February 23, 1993. 2. A Conciliation Conference was held on April 18, 1996, with the following individuals in attendance: The Mother, Brenda L. Vernet, with her counsel Robert J. Mulderig, Esquire. 3. The Conciliator had a prior conference in this case in December at which time contact was made with the Father via a telephone conference call. The Father is incarcerated in the State Correctional Institution at Houtzdale. He was previously incarcerated at Smithfield. 4. In December, the Mother reluctantly agreed to allow the child to go to visit the Father even though the child had not seen the Father for a number of years. The agreement provided that the paternal grandfather would transport the child. The Mother's position is that the child went on one visitation and refused to go on any other visitations that had been scheduled. Two additional visitations had been scheduled with the understanding that the parties would come to the Conciliator for another conference. The Mother suggests that the child does not want to go to visit the Father in prison because the child does not like the trip to and from the prison and does not like the topics of conversation that the Father initiates during visits. 31 e ~ >- . ~ 0 ~ , ~ , .. , :0 t! , e- I , c3 , , , .. , CI ..... '" +I, J .~ Ql ~ ~: > +I CI .~ tj J: u ~: ... . , 0 ..:I ., oD ..:I, :t: If' ..... . .. N ! i ~ If' I If' U Qlr '" i!: ~ , ci , , Z , ~ -. 'SIJ..~ - ~u/1f. MICHAEL L. ETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-5256 CIVIL TERM BRENDA L. VERNET, DEFENDANT : IN CUSTODY ~ AND NOW, this 30th day of May, 1996, the motion to consolidate a support case with the within custody case, IS DENIED. /) '1 By the Court, , , , ,,,~_j i/' , Edgar B. Bayley, J. A. Michael L. Etter, AT-1195 ~ SCIHoutzdale . P.O. Box 1000 l:) ~ Houtzdale, PA 16698-1000 <.,'\!. .01 Robert J. Mulderlg, Esquire ." For Defendant :saa -., ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -------------------------------------------------~ PENNSYLVANIA ------------ MICHAEL L. ETTER, Plaintiff vs. 95-5256 CIVIL TERM BRENDA L. VERNET, Defendant IN CUSTODY/VISITATION MOTION FOR CONSOLIDATION OF CASES !URS!!TNT -TO !1. !~ C-i!.:._-P-'-:;:::'-.f!!LE--.f13 TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF THE SAID COURT: NOW COMES, Michael L. Etter, above named plaintiff moving EE~ !!' who respectfully request this Honorable Court to consolidate the cases, discussed below, to be considered by the Court at the hearing sceduled for June 19, 1996. In supp~rt of said request, Mr. Etter represents; 1. The Court has scheduled a hearing on the above captioned case for June 19, 1996, in Court Room Number 2, at 2:30 p.m. See attached exhibit "A". 2. The subject matter of this case involves the visitation of a minor child, Dallas Conrad, whose parents are named above as plaintiff and defendant. fi~!!_f!!!~~~~!!~!~_~!_f~~!~li~!!!~ 3. On July 21,1994, the Cumberland County Domestic Relations Section lodged a detainer against Mr. Etter's, plaintiff above named, prison status for failure to appear at a contempt hearing. See DRS U 10,534. .36 ~ ~ Motio~~I~~~!~lidati~_E!&~_~ 4. On October 30, 1994, Mr. Etter contacted DRS and requested a final disposition on the above discussp.d detainer. 5. R.J. Shadday, representing Cumberland County DRS, responded stating, "the contmpt petition will be disposed of when you are released from incarceration". See attached exhibit "B". 6. Pa. R. Civ. P. Rule 1910.21 (d) states in pertinent part; "under no circumstances shall the party remain in the county jail longer than seventy-two hours prior to a hearing", on a contempt petition. 7. Mr. Etter has been incarcerated since July 21, 1994, in both the Dauphin County Prison, and now the State Correctional Insititution, and the detainer at issue has remianed in force. 8. This detainer, for failure to appear, causes Mr. Etter to be placed in a higher custody level status within the Depatment of Corrections, thereby restricting his liberty interest in the availability of educational, rehabilitational, and vocational programs which are offered to the inmates of SCI Houtzdale who have general custody level status. 9. The subject matterof this case involves the support of the minor child, Dallas Conrad, whose parents are named above as plaintiff and defendant of this instant action. --- """ Hotio~_Fo!_CO~!~i~!!i~~~_E!&~_l Second Case Re~!ted_!2-~f~~!li~!!~~ 10. On Hay 19, 1995, Hr. Etter, above named plaintiff, filed a E!~ se Petition To Correct Judgment And Remit Arrearages. See DRS 1110,534. 11. Response to said petition, by Hichael Rundle, Esquire, on behalf of Cumberland County DRS, states that Hr. Etter must be "released from prison before scheduling and hearing a petition to remit arrearages which have accured while that individual has been incarcerated". See attached exhibit "C". 12. The subject matter of this case involves the support of the minor child, Dallas Conrad, and the arrearages which have accumulated during Hr. Etter's period of incarceration. The parents of the child, Dallas Conrad, are named above as plaintiff and defendant to this instant action. :!us t if ic!!ion..!~_ Con!.o 1 ida t i~~ 13. All parties to the above captioned matter are also involved in the two cases which Hr. Etter requests be consolidated. 14. Pa. R. civ. P. Rule 213 permits the consolidation of these matters as consolidation will aviod unnecessary cost and delay. 15. Should this Honorable Court decline to grant the requested consolidation, ultimately Hr. Etter will be paroled to the detainer lodged by the Cumberland County 38' ~ r'\ YERIgf~!!ON I, Michael L. Etter, do hereby verify that the facts set forth in the foregoing Motion For Consolidation of Cases are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of perjury provided by 18 Pa. C.S.A. Section 4904, relative to the unsworn falsification to the authorities. Dated: 5' -ltR 'tJt; ~~ ----- Michael L. Etter, pro se SCI Houtzdale State Route 2007 P.O.Box 1000 Houtzdale, Pennsylvania 16698 'fO ~ r-- CERTIF!CA!!~!~~YIC! I, Michael L. Etter, do hereby certify, subject to the penalty of perjury, 18 Pa.C.S. Section 4904, that I have this day caused to be served by United States Mail, postage pre-paid, copies of the foregoing Motion For Consolidation of Cases upon the persons and in the manner indicated below: ~ERV!~!-!!-X!~ST_fLASS MAIL; ADDRESSED AS FOLLOWS: ----------- Brenda L. Vernet 602 Meadow Brook Road Carlisle, Pa. 17013 Robert J. Mulderig, Esq. 32 South Bedford Street Carlisle, Pa. 17013 (counsel for defendant Vernet) Michael Rundle, Esq. 13 North Hanover Street D.R.S., Cumberland County Carlisle, Pa. 17013 (counsel for DRS) Hubert X. Gilroy, Esq. Custody Conciliator Four North Hanover Street Carlisle, Pa. 17013 BY; ~~_o Michael L. Etter, pro se SCI Houtzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698 Date: S--/~ - 'It; ------ -, .'""'. MICHAEL L. ETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-5256 CIVIL TERM BRENDA L. VERNET, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 8th day of May, 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: (1) A hearing is scheduled in Courtroom No.2 of the Cumberland County Courthouse at 2:30 p.m., Wednesday, June 19, 1996. at which time testimony in the above case will be heard. At this hearing, the Court will consider the Petition for Contempt and Petition for Visitation filed by Michael L. Etter. (2) The Sheriff of Cumberland County shall transport Michael L. Etter to this hearing and then retum him to his place of incarceration. .~ Michael L. Etter, AT-1195 SCI Houtzdale P.O. Box 1000 Houtzdale, PA 16698-1000 TRlJE t:l"\py I=~m~ RECORD In T. "I'GI" . . . , c.. . . '.'<11 ", I '",.....t' ~J'~:l) set my hand "nd lh~ s:al. or ~J.d (ouri M ("rlisle, Pa. Th' ~ :u.. ""- - c, IS........ duy. 01' YI~...,. 19,..i.f;: ........"......-JJJ.w.t..;t...q..:..l~~., , .ly~' Prolbonotaty.. Robert J. Mulderig, Esquire For Defendant Sheriff of Cumberland County :saa !!!!.!!!.!:!:_:~: '12- """". -. Director RICIIARD K. BETTS DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY, PENNSYLVANIA HearinglEn(orcemcnt. Officers RICHARDJ. BRESKI,JR. FRANK B. GOSHORN SALLYS. KREITZER LUCINDA SHEAFFER A..L. Direc:lAlr LARRY L. MILLER Special Counocl MICHAEL R. RUNDLE, ESQUIRE IV.Il CoordlnalAlr VON R. JA YMES Collodion CoordlnalAlr RICKIE J. SHADDA Y 13 N. HANOVER STREET P.O. Box 320 CARLISLE, PENNSYLVANIA 17013 lIarold E. Sheely. PrelidenL Judge Goorge E. HofTer . Judge Edlin B. Bayley. Judge K..vin A. He... Judge J. Welley Oler, Jr.. Judge Leila' "",lllonL STEPHANIEC.JAYMES November 10, 1994 Michael L. Etter 48-941 Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 RE: DRUO, 534 Dear Mr. Etter, I am in receipt of your letter dated October 30, 1994. The contempt petition and the bench warrant will be disposed of when you are released from incarceration. Your letter of July 20, 1994 is being considered as a petition to modify the support order during your period of incarceration and will be heard upon your release. Sincerely, Jl '1 /1 /JJ A .y' ?...H.-'-e..... c,,-<. ,- R.J'LSHADDAY J Conference Officer RJS/nlg cc: DCP-Records PBPP-Art Weitoish, Agent !XHIEL:!: Telephone No, Carlille (717) 240-6225 'WooL Short (7171697.0371 ' Sh'ppenlburg (717) 632.72116 . FAX (717) 240-624S """I '-. DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY, PENNSYLVANIA lJ NORTH HANOVER STREET P.O. BOX 320 CARLISLE, PENNSYLVANIA 17013 (717) 240-6225 RICHARD K. BETTS, DIRECTOR LARRY L. MILLER, ASST. DIRECTOR November 8, 1995 Michael L. Eller, AT -1195 SCI Smithfield 1120 Pike St, Box 999 Huntingdon, PA 16652 Re: Petition to Correct Judgment and Remit Arrearages DR 10,534 Dear Mr. Etter: This is in response to your recent letter of October 19, 1995 erroneously directed to the Clerk of Courts of Cumberland County. The Domestic Relations Section received your Petition to Correct Judgment and Remit Arrearages dated May 17, 1995 on May 19, 1995. The procedure employed by the Domestic Relations Section in cases such as yours is to wait until a defendant is released from prison before scheduling and hearing a petition to remit arrearages which have accrued while that individual has been incarcerated. Be assured that upon your release from the State Correctional Institution you will receive a full hearing on your petition. Please contact this office upon your release to schedule a conference ~~~.~ Michael R. Rundle, Esquire Special Counsel MRRlnj cc Brenda L Conrad EXHIBIT "e" ----------- , "'"" 10/).(, I"l, ,......, MICHAEL L. ETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L. VERNET, DEFENDANT 95-5256 CIVIL TERM l.ti.8E: CUSTOgy QRDER OF COURT AND NOW, this '2. b day of June, 1996, the complaint of plaintiff seeking visitation with his son while he is incarcerated in a state correctional institution, IS DENIED. By the eo,/ / / Michael L. Etter, A T-1195 SCI Houtzdale P.O. Box 1000 Houtzdaie, PA 16698-1000 -' _ Lfu ~ ..........,J, ,t ~ J .H, /'1 b ...! a7. Robert J. Mulderig, Esquire For Defendant :saa L{S- I 1 I I I 1 I , I -I :; , 1""'\ ~ MICHAEL L. ETTER. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. BRENDA L. VERNET, DEFENDANT 95-5256 CIVIL TERM IN RE: CUSTODY QflHl9N AND ORDER OF COURT BAYLEY, J., June 26, 1996:- A hearing in this custody case was conducted on June 19. 1996. Plaintiff. Michael Etter. age 37. seeks visitation with his son Dallas Conrad. age 13. bom February 23. 1983. Dallas lives with his mother, Brenda Vemet, in Carlisle. The mother and father were never married nor did they ever live together after Dallas was bom. Dallas has always lived with his mother. Plaintiff is a prisoner in the State Correction Institution at Houtzdale. He was present and testified at the custody hearing.' He was originally committed to a state correctional institution for twO counts of aggravated assault on March 8. 1989. He was paroled on March 9. 1992. He was recommitted as a parole violator on April 13. 1993. He was paroled in February of 1994. He was recommitted again as a parole violator on July 1, 1994. His maximum sentence expires on February 14, 2000. In the seven years five and one-half months that plaintiff was not In prison after Dallas was bom. he saw Dallas a total of twelve times. never overnight. The father 1. SM, Sullivan v. Shaw, 437 Pa. Super. 534 (1994). -. 95-5256 CIVIL TERM never sought a custody order of any type. During the five years ten and one-half months plaintiff has been in prison since Dallas was bom, he has only occasionally written to his son. In December, 1995, the patemal grandparents. with whom Dallas had no prior contact, took Dallas to SCI Smithfield to visit his father for several hours. Plaintiff thought that visit went well. Dallas told the court that he does not want to visit again. He states that his father was not there for him when he was out of jail, and it is only now that his father wants 'anything to do with him.' Plaintiff seeks an order for one visit a month with transportation by his family. The mother's position is that Dallas should not be forced against his will to visit his father In prison. In Commonwealth ex rei. Pierce v. Pierce, 493 Pa. 292 (1981), the Supreme Court of Pennsylvania stated: Although the express wishes of the child are not controlling in custody decisions, they do constitute an important factor which must be carefully considered in detennining the child's best interest. The weight to be accorded the child's preference varies with the age, maturity and intelligence of the child and the reasons given for the preference. The issue in this visitation case is whether an incarcerated father with severe moral deficiencies should be allowed to now commence a relationship with his thlrteen-year-old son who hardly knows him and objects to visiting him in prison. Green v. She.rlnger, 431 Pa. Super. 66 (1993). This is not a case where plaintiff seeks to continue an established relationship with his child while he is in prison. Given that, (1) Dallas is now at an impressionable age of thirteen; (2) plaintiff had an insignificant relationship with Dallas during the periods that he was not in prison; (3) -2- . . t""\ -- 95-5256 CIVIL TERM plaintiff never sought to legally remedy that situation; (4) plaintiff only sporadically wrote to Dallas during the periods he was in prison; and (5) Dallas objects to being forced to visit his father in prison because he hardly knows him, we find that to now require visitation in a prison would pose a grave threat to Dallas such as would not be in his best interest. Green v. Sheerlnger, supra. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this 1.L. day of June, 1996, the complaint of plaintiff seeking visitation with his son while he is incarcerated in a state correctional institution, IS DENIED. Michael L. Etter, AT-1195 SCIHoutzdale P.O. Box 1000 Houtzdale, PA 16698-1000 / By the Court,/ / 'JJ~~ Edgar B. Bayley, J. ~ I Robert J. Mulderig, Esquire For Defendant :saa -3- -"'"'\ (} //3/9(, Michael L. Etter, pro se SCI-Houtzdale State Route 2007, Box 1000 Hou~!da~Penn!~!!nia_l66~8-1QOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. CIVIL TERM BREDNA L. VERNET, Defendant 95-5256 PET.!TION FO~ LE~YE TO~ffEAL NU!f PRQ-.!!!NC NOW COMES, Michael L. Etter, plaintiff moving pro se, who respectfully request this Honorable Court to grant him leave to appeal, ~~~ ~~ ~~~, the final order issued in the above-captioned matter, on June 26, 1996. In support of said request, plaintiff represents: 1. Plaintiff was temporarily transferred from his place of confinement, SCI-Houtzdale, to the Cumberland County Prison from June 17, thru June 27, 1996, to attend a hearing on the above-captioned matters. 2. SCI-Houtzdale's mailroom had marked plaintiff's prison status as "ATA" (authorized temporary absence), and held plaintiff's mail in the mail room rather than deliver it to a vacant cell. 3. On June 26, 1996, this Honorable Court issued an order which denied plaintiff visitation with his son. 4. Plaintiff wishes to seek appellate review of this order with the Pennsylvania Superior Court. 5. Pa.R.A.P., Rule 903, requires that Notice of Appeal be filed within 30 days of the order being issued. ~ ,-., Petition For Leave to AEpeal Nunc Pro Tunc E!~ 6. Because the SCI-Houtzdale mailroom misplaced plaintiff's mail, he did not receive the order at issue until August 1, 1996. Or after the 30 day time perior to file notice of appeal in a timely manner. 7. The State Correctional Institution at Houtzdale has a procedure whereby they docket all incoming legal mail, thus the mail docket sheet would verify the circumstances avered above. 8. "In computing the timeliness of E.!!. !! prisoner's appeal, any prison delay in transmitting to the prisoner the notice of the [] court's final order or judgment shall be excluded from the computation of appellant's time for taking an appea1." U.S. v. Grana, 864 F.2d 312, 316 (3rd cir. 1989). WHEREFORE, it is respectfully requested that this Honorable Court grant plaintiff leave to appeal ~~ ~ !~. Dated: August 4, 1996 Respectfully submitted, ~/2~ Michael L. Etter, pro se - ,-.. MICHAEL LETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA V. BRENDA L. VERNer, DEFENDANT . . : 95-5256 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this '2. b day of June, 1996, the complaint of plaintiff seeking visitation with his son while he is incarcerated in a state correctional institution, IS DENIED. MIchael LEtter, AT-1195 SCIHoutzdale P.O. Box 1000 , iioutzdale, PA 16698-1000 ~ Robert J. Mulderig, Esquire For Defendant :saa SJ -. ---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. BRENDA L. VERNET, Defendant 95-5256 CIVIL TERM VERIFICATION ------- I, Michael L. Etter, do hereby verify that all statements made in the foregoing documents are true and correct to the best of my personal information, knowledge, and beliefs. Further, I understand that all statements made therein are made subject to the penalsties provided by 18 Pa.C.S.A. Section 4904, relative to the unsworn falsification to the authorities. Dated: August 4, 1996 _~& ;/0 Michael L. Etter, pro se SeI-Routzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698-1000 5'~ . . . >t!IJ/% ~ 1"""'. MICHAEL L. ETTER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. BRENDA L. VERNET, DEFENDANT 95-5256 CIVIL TERM IN CUSTODY QBDER Of: COURT AND NOW, this 12th day of August. 1996, the appeal of Michael L. Etter to the Superior Court of Pennsylvania from this court's order of June 26. 1996. SHALL BE ALLOWED NUNC PRO TUNC. By the Court, J Michael L. Etter, Pro sa AT-1195 ~. SCI Houtzdale I- P.O. Box 1000 14~ Houtzdale, PA 16698.1000 q,\ \ ~ ~ Robert J. Mulderig, Esquire For Defendant :saa 57 '""" .~ (J!21/ CoPY '" ,'1"~" Michael L. Etter, pro se SCI-Houtzdale State Route 2007, Box 1000 Houtzdale, Pennaylvania 16698-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. CIVIL TERM BREDNA L. VERNET, Defendant 95-5256 PBTITION FOR LBAVE TO APPEAL NUNC PRO TUNC NOW COMES, Michael L. Etter, plaintiff moving pro ae, who respectfully request this Honorable Court to grant him leave to appeal, ~ ~~, the final order issued in the above-captioned matter, on June 26, 1996. In aupport of said request, plaintiff represents: 1. Plaintiff waa temporarily transferred from hia place of confinement, SCI-Houtzdale, to the Cumberland County Prison from June 17, thru June 27, 1996, to attend a hearing on the above-captioned matters. 2. SCI-Houtzdale's mailroom had marked plaintiff's prison status as "ATA" (authorized temporary abaence), and held plaintiff's mail in the mail room rather than deliver it to a vacan t ce 11. 3. On June 26, 1996, this Honorable Court iasued an order which denied plaintiff visitation with his son. 4. Plaintiff wishes to seek appellate review of this order with the Pennsylvania Superior Court. 5. Pa.R.A.P., Rule 903, requires that Notice of Appeal be filed within 30 days of the order being issued. S-8 Petition For Leave to Appeal Nunc Pro Tunc page 2 6. Because the SCI-Houtzdale msilroom misplaced plaintiff's mail, he did not receive the order at issue until August 1, 1996. Or after the 30 dsy time perior to file notice of appeal in a timely manner. 7, The State Correctional Institution st Houtzdale has a procedure whereby they docket all incoming legal msil, thus the mail docket sheet would verify the circumstances avered above. 8. "In computing the timeliness of ~ ~ prisoner's appeal, any prison delay in transmitting to the prisoner the notice of the [] court's final order or judgment shall be excluded from the computation of appellant's time for taking an appea1." U.S. v. Grans, 864 F.2d 312, 316 C3rd Cir. 1989). WHEREFORE, it is respectfully requested that this Honorable Court grant plaintiff leave to appeal ~ ~ ~. Dsted: AUllust 4, 1996 Respectfully submitted, ~~/C Michsel L. Etter, pro se 5"1 ~ /.J') :- lr. - t=; ~ . j..- UJ_. J~ ~~; :or:: .l:? u.. --..: (-, }<.! r=-- 'ry 'CI) ~,,:,: - '2 ~ '2 .IUJ 2: .... "Ja.. .., 1I. '0 ::> 0 0'\ () ~. tn ,. If: ,.; t-. ~ .;~ ,tfJ ',- {E~' ':C .?i ~t c.... }~ ,"', ":1 .. 1- _ L_. a:t~ S \:11 ' ~ l. F ;:.t. ..-.~~ .z. ll- .0 3 0 Cf' ..,./ ?; If) ?:: ~ u: t-' j~ ~~: c....: -, {ES .,.: .l;1: gi: \..:..... ~1~ ....r (~, J) ..~ tc~ .J _ ~ .- ~ !:' 1-!6J :-10- I ~ ,!. ...') :5 0 O' U .-..., ---, MICHAEL L ETIER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L VERNET, DEFENDANT 95-5256 CIVIL TERM ItLBE: CUSTOgy ORDER OF COUBI AND NOW, this ~ b day of June, 1996, the complaint of plaintiff seeking visitation with his son while he is incarcerated in a state correctional institution, IS DENIED. Michael LEtter, AT-ll95 SCI, Houtzdale pd. Box 1000 .,fi'outzdale, PA 16698-1000 Robert J. Mulderig, Esquire For Defendant ~ :saa (,2~ -.., - Michael L. Etter, pro se SCI-Houtzdsle State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. 95-5256 CIVIL TERM BRENDA L. VERNET, Defendant ORDER FOR TRANSCRIPTS A NOTICE OF APPEAL HAVING BEEN FILED IN THIS MATTER, THE OFFICIAL COURT REPORTER IS HEREBY ORDERED TO PRODUCE, CERTIFY AND FILE THE TRRANSCRIPTS IN THIS MATTER IN CONFORMITY WITH RULE 1922 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE. Dated: August 4 , 1996 ~fl,1t-/ Michael L. Etter, pro se -.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff vs. 95-5256 CIVIL TERM BRENDA L. VERNET, Defendant VERIFICATION I, Michael L. Etter, do hereby verify that all statements made in the foregoing documents are true and correct to the best of my personal information, knowledge, and beliefs. Further, I understand that all statements made therein are made subject to the penalsties provided by 18 Pa.C.S.A. Section 4904, relative to the unsworn falsification to the authorities. Dated: August 4, 1996 #~;? ~ Michael L. Etter, pro se SCI-Houtzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698-1000 6lf 12. ~ ~ 'l5~. ;', ttl 'b\, u ~,' u:.l \ u. ~:.. v - ,,-, - )d, I;';'"' ~-, ~.',' ",'.3 ,,:.......- ,._...~ , ~;. l,:: - -' " 'IJ .'':- ~ ~ 1 U ""'" .-.. MICHAEL L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . V. : CIVIL ACTION - LAW BRENDA L. VERNET Defendant 95-5256 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS CUSTODY Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., CUmberland County Courthouse, carlisle, Pennsylvania, on June 19, 1996, commencing at 2:54 p.m. in Courtroom Number Two. APPEARANCES: MICHAEL L. ETTER, Pro se Plaintiff ROBERT J. MULDERIG, Esquire For the Defendant c,y 1 June 19, 1996, 2:54 p.m. 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings 5 were held:) 6 THE COURT: What is this, a petition by 7 father who is incarcerated for visitation with a son? 8 MR. ETTER: That's right. 9 MR. MULDERIG: Yes, Your Honor. 10 THE COURT: How old is the child? 11 MR. MULDERIG: Thirteen. 12 THE COURT: And she objects? 13 MR. MULDERIG: The son objects. 14 THE COURT: The son objects. Is he here? 15 MR. MULDERIG: Yes, Your Honor. 16 THE COURT: In the courtroom? Is he in the 17 courtroom? 18 MR. MULDERIG: Dallas, please stand up. 19 THE COURT: All right. Just have a seat. 20 Does the mother object? 21 MR. MULDERIG: The mother is here. 22 THE COURT: All right. Fine. You may take 23 the stand, sir. Come on up. 24 MR. ETTER: Me? 25 THE COURT: You are the moving party. Co.. 3 """ --', 1 on up. 2 Whereupon, 3 MICHAEL L. ETTER, 4 having been duly sworn, testified as follows: 5 MR. MULDERIG: Your Honor, do you have any 6 objection to taking the handcuffs off the witness? 7 THE COURT: Yes, I do have an objection. 8 MR. MULDERIG: Okay. 9 THE COURT: He is all right. 10 MR. ETTER: I would like to have them off 11 back there so I can write. 12 THE COURT: I am going to keep the handcuffs 13 on. 14 EXAMINATION 15 BY THE COURT: 16 Q Tell me your name. 17 A Michael Etter. 18 Q How old are you? 19 A Thirty-seven. 20 Q Where are you currently in prison? 21 ASCI Houtzdale. 22 Q SCI what? 23 A Houtzdale. It's located in Clearfield 24 County, H-o-u-t-z-d-a-l-e. 25 Q And what county are you convicted out of? 4 ~ ~ 1 A Perry. 2 Q And what is the sentence you are serving? 3 A Three to ten years. 4 Q And for what offense or offenses? 5 A Aggravated assault. 6 Q Do you know your minimum date? 7 A My minimum date expired March 9th, 1992. I'm 8 now serving a parole violation. 9 Q 3/9/92. And now you are a parole violator? 10 A Correct. 11 Q Do you know what your max date is? 12 A 2/14/2000. 13 Q Now, your son in this case, what is his name? 14 A Dallas Michael Conrad. 15 Q And he is how old? 16 A Thirteen. 17 Q And the mother is Brenda Vernet? 18 A Correct. 19 Q Were you ever married to the mother? 20 A No. 21 Q What's your son's birthday? 22 A February the 23rd. 23 Q Which year? 24 A '83, I think. I'm not sure, to be honest 25 with you, about the year. I know he's 13 years old. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 """ ~ Q Did you ever live with the mother? A Briefly. Q Before or after your son was born? A Before. Q Have you ever lived with your son? A No. Q When he was born, where were you, up in Perry County? A Yes, sir, I believe I was. Q Was he in this area? Was the boy in this area when he was born? A He was born in Carlisle. Q Now, tell me the date you went into prison on this current -- originally went into prison. A March 8th, 1989. Q And then you got out when? A March 9th, 1992. Q And then you were recommitted when? A April 13th, '93, I believe it was, April 12th, April 13th. Q Of '93. And you have been in continuously since that time? A No. Q Were you out again? A Yes. 6 73 ~ "'..... Q A Q A Q A Q July of '94? A Q 7 ~ ,..-. 1 extended period, like for more than a weekend or anything 2 like that? 3 A No. I tried but she wouldn't let me take him 4 5 6 7 8 9 10 11 12 13 14 15 A Excuse me? 16 Q Did you ever bring a custody action? 17 A No. I thought I would wait until he got a 18 little older rather than force the issue. 19 Q Now, when you first went to prison on March 20 8th of '89, where did you wind up? What prison were you 21 ultimately assigned to? 22 A SCI Smithfield. 23 Q Smithfield? 24 A That's correct. 25 Q And then were you there until 3/9 of '92? away. Q Where was the mother living at that time? A Meadowbrook Road. Q How about yourself? A Perry County. Q Were you working? A When? Q Before you went into prison. A Yeah. Q In this period of time you were working, did you ever bring a custody action? 8 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ..-... A That's correct. Q And during that period of time, did you see your son? A A few times. Q And how did he get up there? A On one or two occasions, his mother brought him up. My mother, I believe, brought him up, and my father brought him up, I believe. It's been awhile. I'm sure that Brenda brought him up a couple times, and I'm sure my family brought him up a couple times. I don't remember anything more specific than that. Q Then you got out of Smithfield on March 9, 1992, and you weren't recommitted until April 13, 1993, right? A That's correct. Q And during that period of time, where were you 11 ving? A Part of the time I was living in CUmberland County. Part of it I was living in Perry County. Q And were you working at that time, in that time frame? A I worked a few months, and then I fell and crushed both legs. Q Did you see your son in that time frame? A Yeah. 9 7{ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,,-.., Q On what frequency? A I seen him four or five times. Q Any overnights? A No. Like I said, I wasn't prepared to take him away. Q When you were recommitted on 4/13/93, where did you go to, what prison? A Ultimately, I ended up back at SCI Smithfield. Q And did you stay there until you got out in February of '94? A That's correct. Q In that time frame, did you see your son? A During that period of incarceration? Q Yes. A No. Q Did you try to? A I wrote. Q You wrote to whom? A To Dallas. Q How often? A I can't give you an honest answer for that. Q Are we talking once a month? A Probably. Maybe not that frequent. A few times. 10 77 '""" r--. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you ask the mother for him to be allowed to come during that period? A I don't remember. I don't remember if I did or not during that period. I know I had made plans to see him when I got out from prison. I called him in February '94 when I was released. As a matter of fact, I called, I think, the first day I was released. o And did you see him? A No. She told me -- her words were, if I come up there to that hill, she'll call the police and my parole officer, and I wasn't seeing anybody until I paid her back child support. o In the period then that you were out from February '94 to July 1, 1994, did you see him at all? A No, sir, I didn't. o And then you say you were recommitted on July 1, '94? A That's correct. Q What was the reason for the recommitment? A DUI and related offenses. o Did the board take away all of your street time? A Yes, sir, they did. o And since July 1, '94, have you been in more than one state -- well, how long have you been at -- there 11 7~ ""'" ,..' are so many new prisons, I don't know what they are. Houtzdale they pronounce this? A That's correct. Q How long have you been there? A March 6th. Q This year? A That's correct. It is a minimum security prison. It's new. 1 2 3 4 5 6 7 8 9 Q Let's then go from July 1, 1994, until now. 10 Have you seen your boy? 11 A I've seen him one time since I've been in 12 prison. 13 Q Where did you see him? 14 A Smithfield. 15 Q When was that? 16 A December. 17 Q Last year? 18 A Correct. 19 Q And who brought him in? 20 A My father and my stepmother, and I believe my 21 qrandtather was along. 22 Q And have you asked to see him since? 23 A Yes, sir, I have. 24 Q And you've been refused? 25 A That's correct. 12 71 ~ ~- 1 Q Tell me what type of -- tell me what you did 2 on the day you saw him in December of '95. Tell me what 3 kind of arrangements the prison had and how that works. 4 A As I said, I was at smithfield then. I'm not 5 sure I understand your question. 6 Q Well, what does he have to go through? Is 7 there a family gathering area inside the prison? 8 A Yeah, that's correct. There is a large 9 visiting room where you sit with family members. There's 10 not walls, but it's somewhat individualized just by the 11 nature of the way of the positioning of the chairs and the 12 furniture. There's snack machines, vending type machines. 13 Q How did that visiting -- let me first of all 14 ask, how long do you think that lasted that day? 15 A Approximately three hours. My father doesn't 16 sit very long. 17 Q Tell me how you think that went that day. 18 A I thought it went exceptionally well. I 19 didn't know how receptive Dallas would be to it. I was 20 pleased with how it went. These allegations that have been 21 made, I would like to address too, you know. 22 Q Hold on. And then who did you contact -- 23 what type of contacts were made thereafter to try to get 24 another visit? Was it with your wife or through your 25 parents, through your dad? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,~ "'-- A To get another visit? Q You say you have been refused since that time. A That's correct. Q Who did you try to arrange visits through? A Well, as per court order, it was supposed to be once per month for three months on a temporary basis, and we would have another conference. And they said that my parents -- my father was to notify Brenda two weeks in advance. However, there was no number or anything given to my father to contact her, so they said that she would contact them. Whenever they weren't contacted by her, and I didn't hear anything for over a month, I had wrote her attorney and asked for a legitimate explanation. Q Now, what type of a schedule do you propose that you think I should enter into for you to see this boy where you are now incarcerated? A I think once per month is being fair. I think it would give me a chance to establish some type of relationship with him. I've been cheated out of it all these years. It's not that I don't want one. I'm not asking -- I'm trying to be as burden free about this as possible. My family is willing to take care of the traveling. It's just unfortunate that it even has to come to this. 14 151 ~ ,.. 1 Q Do you have any other children? 2 A Yes, sir, I do. 3 Q How many? 4 A Two. 5 Q How old are they? 6 A Twenty and nine. My daughter is here today, 7 if you would like to speak to her. 8 Q Do you see those children? 9 A I don't see my son. It's another hectic 10 episode, to put it mildly. I'm going through the same thing 11 with her. 12 Q The son is the 20 year old? 13 A No, sir, my daughter is 20 years old. 14 Q That's the daughter 20? 15 A Correct. 16 Q And your son is nine? 17 A That's correct. 18 Q Do you see the daughter? 19 A Yes, sir, I do. 20 Q She comes on her own? 21 A Yeah. Like I said, she's here today. She's 22 willing to speak to you. 23 Q And the daughter nine -- 24 A No, sir. 25 Q Your son nine, you don't see him? 15 82 ~ ,,-., 1 A That's correct. 2 Q Who is the mother of that child? 3 A Wanda Rhoads. She's remarried. 4 Q Where does she live? 5 A She lives in Landisburg now, Perry County. 6 Q What else do you want to tell me that you 7 think is appropriate? 8 A I just -- I mean, I understand these people's 9 concern. I was a nut for a long time, you know, but it's 10 not necessarily who I am today. My daughter is the only one 11 that has stuck by me and kept in contact with me. I think 12 she can speak for herself and explain to you the difference 13 between -- she's seen me through the years. 14 Q The 20 year old, what is her name? 15 A Corinna. 16 Q I'm sorry? 17 A Corinna, C-o-r-i-n-n-a. 18 Q How often have you seen her over the years 19 that you have been in prison? Would you say you have had 20 some regular contact? 21 A I would say on average every five, six weeks. 22 Q Did that start when she was much younger or 23 when you first went into prison? 24 A No. We've been very close from day one. 25 Although 16 g3 " ~ r-, 1 Q When you first went into prison -- what I am 2 trying to get, when you first went into prison and she was 3 quite a bit younger, did you see her on a regular basis or 4 did this contact occur later? 5 A When I first went into prison, she was quite 6 rebellious, and I didn't get to see her for a few months. 7 Then she leveled off, and she started to come and see me 8 pretty regularly. 9 Q How old would you say she was when she first 10 started coming to see you? 11 A Approximately 14. She has two sons that come 12 and visit me regularly. 13 Q How old are her sons? 14 A Four and five months. I'm not sure. He is 15 less than a year old, five or six months. I can't give you 16 an honest answer. It's embarrassing to admit that. 17 THE COURT: Mr. Mulderig, do you have some 18 questions. 19 MR. MULDERIG: Yes, Your Honor. 20 CROSS EXAMINATION 21 BY MR. MULDERIG: 22 Q Now, the last time that you were arrested, 23 was that in July of '94? 24 A That's correct. 25 Q What were you arrested for? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ro"', A DUI and related offenses. I was in a truck accident. Q I see. Were you charged with simple assault? A Yes, sir, I was. That was part of the accident. I didn't strike anyone. I ran a stop sign, and I was charged with assault as a result of the DUI related offenses as part of the accident. Q And you have a previous conviction for six counts of aggravated assault? A No, no, not that I'm aware of. Q Well, you were charged with six counts, and you pled guilty to two of them, is that correct? A Yeah, that's correct. Q That's what you are doing the three to ten on? A That's correct. Q And you also were using cocaine at that time? A I sure did. I liked it when I was doing it, but I turned my life around since then, thank you. Q And you also -- were you once charged with armed robbery? A Not that I'm aware of. I think from what I've read the judicial inquiry that's to be considered is the best interest of the child, not the fault of the parents. 18 8,~ ~ ,..- 1 THE COURT: Wait. Just answer the question. 2 THE WITNESS: No, not that I'm aware of. I 3 don't know why he's digging into this. If I was, I 4 certainly wasn't convicted of it. 5 MR. MULDERIG: Okay. 6 BY MR. MULDERIG: 7 Q In '78, you were convicted of aggravated 8 assault, is that correct? 9 A I don't recall. It's possible. 10 Q It's possible. 11 A I was convicted of aggravated assault. I 12 don't remember the year. 13 Q And then you were again convicted of 14 aggravated assault in '88? 15 A No, '89. 16 Q Let's talk about this visit in December. 17 A All right. 18 Q Now, your grandfather, your father, your 19 mother and the child were there, is that correct? 20 A That's correct. 21 Q What did you talk about to the child? 22 A Talked about his karate lessons, his karate 23 tournaments, he had pictures. I asked him how he got along 24 with his mother's husband. He said they went to block 25 shoots together. It appeared that they got along pretty 19 ~0 ~ 1 well. If you are leading up to the allegation about the 2 homo and stuff, I can explain that. If you want to get 3 right into that, we can do that. 4 Q Did you not discuss with him a serial 5 murderer? 6 A I discussed with him a friend of mine who is 7 convicted of multiple murders, and he's turned his life 8 around. The gist of the conversation was how he's turned 9 his life around. He does everything he can to help 10 everybody, but he went over the edge and it's too late to 11 turn back. 12 Q And did you have a discussion with him about 13 some gay prisoners? 14 A Some faggot come walking in, I mean, that's 15 pretty much what it was. A faggot come walking into the 16 visiting room, and it was rather apparent that he was gay, 17 and Dallas was staring at him. And I said, yeah, he's gay, 18 and he started laughing and said, no kidding, something to 19 that effect. 20 And he asked what it's like back there, and I 21 said, yeah, there's some of them back there, but they stay 22 to theirselves. I mentioned -- this one time they were 23 standing along the football field with handkerchiefs like 24 pom-poms doing cheers, and we were laughing and joking about 25 it. It wasn't like -- it wasn't anything corrupt, as far as 20 1""'\ ,.- 1 I knew. It was a joke about the way they were acting. 2 Q Now, when you got out of prison the last 3 time, that was in '94? 4 5 6 7 8 9 10 Dallas on Saturday? 11 A No. 12 Q Isn't it true that you did have a visit with 13 him, and you were told that you could come back and see him? 14 A I have no idea what you are talking about. I 15 told you when I got out of prison I called, I think it was 16 the next day, and she told me if I come up over the hill 17 she's calling my parole officer and the police. I wasn't 18 going to see anybody 19 Q Isn't it true that you didn't come to see 20 Dallas or have any contact with Dallas until two days before 21 you were arrested again? 22 A No, that's not true at all. 23 Q Isn't it true that you drove onto their 24 property in a vehicle with a case of beer in the back, and 25 that's when the mother told you you had to leave, that you A Yeah. Q It was a Friday, wasn't it? A Excuse me? Q It was a Friday? A I don't recall. Q Isn't it true that you came up to visit 21 ~jf ~ ~ 1 were not 2 3 4 5 6 7 A Yes, sir, and I tried to. But she refused to 8 let him go anywhere or do anything with me, and it's been 9 like this all along. I think it's rather self-evident the 10 fact that she brought Dallas ~p to visit me, and her first 11 excuse for not wanting him to come and see me was that she 12 didn't know what kind of 10 he had. It's self-serving 13 rhetoric. She herself brought the boy up to see me, and 14 then she said she doesn't know what kind of 10 is required 15 to get in. I mean, it's self-serving bullshit, to be quite 16 blunt about it. 17 Q Did Dallas say to you that day he wanted to 18 come back and see you? 19 A Yes, sir, he did. 20 MR. MULDERIG: Thank you. I have no further 21 questions, Your Honor. 22 THE COURT: Now, I am going to have you step 23 down. I am going to allow you to call any other witnesses 24 you wish, but I want to hear from the other side first, and 25 then I will hear any further witnesses. I want to see what A No, no, man. I don't know where you're drumming this stuff up at, but that's not true. Q When you wrote to Dallas when you were in prison, did you promise to do things with him when you got out? 22 8q ~ ~ 1 their position is. Just have a seat down. 2 MR. ETTER: Thank you. 3 THE COURT: Mr. Mulderig. 4 MR. MULDERIG: I would like to call Brenda 5 Vernet to the stand first, please, Your Honor. 6 Whereupon, 7 BRENDA L. VERNET, 8 having been duly sworn, testified as follows: 9 DIRECT EXAMINATION 10 BY MR. MULDERIG: 11 Q Would you state for the record your full 12 name. 13 A Brenda Lee Vernet. 14 Q And your address? 15 A 3461 Spring Road, Carlisle. 16 Q Are you the mother of Dallas? 17 A Yes, I am. 18 Q When was Dallas born? 19 A February 23rd, 1983. 20 Q I see his last name is Conrad. 21 A Yes. 22 Q Was that your maiden name? 23 A Yes, it is. 24 Q You have heard the testimony of Mr. Etter 25 today. Let's start with ~he incarceration that ended in 23 qo ~ ~ 1 1994. Did he write to Dallas? 2 A In 1994? 3 Q No, the one that ended in 1994, the previous 4 one. 5 A Yes, he did, yes. 6 Q Did he make any promises to him? 7 A Yes, he made promises to take him to church, 8 to do things with him, and when he got out, nothing. 9 Q What happened when he got out? 10 A How I know it was a Saturday morning that he 11 came up is because I work for Seidle Hospital, and I work 12 one Saturday a month. And he happened -- he had called on a 13 Friday, and I told him not to come up until after I got off 14 work at 12:00. 15 When I got there, he was there prior to me 16 getting off work. I got home at 12:30, so he got there 17 approximately an hour before I did and was talking with 18 Dallas for about an hour. And I come home, and he 19 immediately put his attention as soon as I walked in the 20 door towards me, and Dallas was set aside. 21 The reason he said that I took him up to the 22 prison, I took him one time and that's when Dallas was -- 23 Q Let's stick on that Saturday. Did you tell 24 him he could not see Dallas? 25 A No, I did not. 24 q/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q Did he make any arrangements with you to see Dallas? A Not at that time he didn't. Q When is the next time you had contact with him about seeing Dallas? A Approximately two days prior to him being picked up. Q And what occurred? A To be put back in. Q What occurred on that occasion? A He had come up over the hill in a red, it was either a Camaro or a Firebird, I don't know. I talked with his probation officer. He said it was THE COURT: wait. wait. Wait. Ask another question. Two days before he was picked up, and we are talking July 1, 1994. THE WITNESS: The one with the helicopter chase? I don't know. THE COURT: When is the next contact? Did he have contact with the boy that day? THE WITNESS: No, he did not. THE COURT: He came up to the house then? THE WITNESS: Yes, he did. THE COURT: Were you there? THE WITNESS: Yes, I was. 25 12 ""'" ~ 1 THE COURT: What happened? 2 THE WITNESS: He came up to the house after a 3 year. It was approximately about a year after the first 4 time he seen Dallas at my house on a Saturday. He came up 5 over the hill, no call, no contact whatsoever. He was 6 driving a vehicle, which he had no driver's license, and he 7 had a case of beer in the back of his car. And I said at 8 that time that he was not welcome at my home, and I told him 9 to leave the premises. 10 THE COURT: Did he leave? 11 THE WITNESS: Yes, he did. 12 BY MR. MULDERIG: 13 Q We had a hearing in which the Court ordered 14 that the child makes three visits to see him at smithfield. 15 A Correct. 16 Q Now, the first one was in December? 17 A Correct. 18 Q You think it was the 19th? 19 A It was just right before Christmas. I'm not 20 sure exactly on the date, but it was prior to Christmas. I 21 would say approximately. I'm not quite sure on the date. I 22 can't really say, but it was right before Christmas. 23 Q Now, how did Dallas get there? 24 A His grandfather. 25 Q They picked him up at your home? 26 13 ~ ,-- 1 A Yes. Yes, they did. 2 Q When he came back, did Dallas make any 3 statement about whether he wanted to go again? 4 A He did not want to go. 5 Q All right. I won't ask you the reasons why. 6 Dallas will testify to that. During the months of January, 7 Feb~uary, did you receive any contact from his parents? 8 A None. 9 Q Did you ever refuse to allow Dallas to go for 10 those two months? 11 A No. 12 Q since Dallas was born, on the periods when 13 Mr. Etter has not been incarcerated, how often did he see 14 Dallas? 15 A I can sum it up in his whole life to be 16 probably ten times in his life of 13 years. 17 Q Did you ever refuse for him to see him? 18 A Yes, I did. 19 Q On what occasion was that? 20 A When Dallas was six months of age, Mr. Etter 21 come into my house, forced his way into the house, and tried 22 to take Dallas at that time because I would not drop child 23 support. At that time I went to full custody of my son, our 24 son. I had full custody, and he never even tried. He never 25 even tried to -- as a matter of fact, he was in the 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 1""', courtroom the day I was fighting for full custody, and he called my attorney and tried to buy -- or to sell Dallas to me. If I dropped the arrearages, that he would give me full custody. MR. ETTER: THE COURT: That's nuts. How many times had he seen him up to that point? THE WITNESS: Until what point? THE COURT: When the boy was six months old when this incident occurred. THE WITNESS: He came up the day Dallas was left out of the hospital to see him, and I never seen him after that until the boy was six months of age. THE COURT: So this was the second time he saw him? THE WITNESS: Yes. And he really didn't want to see him. He just wanted to take him. THE COURT: Next question. MR. MULDERIG: I have no further questions of this witness. THE COURT: Do you have any questions you want to ask her? MR. ETTER: Sure. 28 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ -.. CROSS EXAMINATION BY MR. ETTER: Q When Dallas was born, between this time, the six months, don't you recall visiting my grandparents and taking Dallas up to see my grandparents? A Yes, I do. Q And I was driving, I picked you up? A I don't remember that. Q I picked you up driving, and we went up to I lived in a one room schoolhouse near my grandparents. A No, that was prior to Dallas being born. I was seven months pregnant. Q But after he was born, after he was born. A Honestly, I don't remember if you drove or if I drove. Q We were together? A No, we weren't together. You got married. THE COURT: Wait. Wait. long ago for me to have to worry about. relevant. You were married. stop. That is too Get something more MR. ETTER: Your Honor, she's saying I only seen him one time in the six months, and now she's saying that she was with me at my grandparents with Dallas during that one period. 29 tift ~ r"'- THE COURT: You can ask her. Did he see the boy any other times during that first six months other than twice? THE WITNESS: No. THE COURT: Next question. BY MR. ETTER: 1 2 3 4 5 6 7 Q Didn't you at the hearing when the three 8 months was scheduled -- 9 MR. MULDERIG: Objection, Your Honor. As you 10 are well aware, under the local rules we cannot go into the 11 custody conciliation. 12 THE COURT: Are you referring to the custody 13 conciliation? 14 MR. ETTER: I'm referring to how my parents 15 were supposed to get a hold of her. 16 THE COURT: Ask a question afterwards. Go 17 ahead, follow up. 18 BY MR. ETTER: 19 Q The arrangements were made that you would 20 contact my parents for Dallas's visits because you didn't 21 want to give the phone number, is that right? 22 A No, you're wrong. I did contact your parents 23 the first time. I gave them my phone number, and they never 24 returned the call to take him up for the second time. So 25 you need to take it up with them. 30 Lf7 ~ r. 1 Q The bargain was you were going to contact 2 them two weeks in advance. 3 A I did contact them the first time, and I gave 4 them my phone number, everything, and they were to contact 5 me when they were ready to go back up. 6 Q Then why did I get a letter saying he wasn't 7 allowed to come back up? 8 A From whom? 9 Q Your attorney. 10 A He said he didn't want to. You'll have to 11 ask my son that -- or your son that. 12 Q When you got Dallas up to the prison, did you 13 feel threatened while you were there? 14 A I brought him up one time. 15 Q Did you feel threatened? 16 A No. 17 THE COURT: Remind me again, when was that, 18 the one time you took him up? 19 THE WITNESS: I took him up it was the 20 time before he went into jail. I took him up one time. 21 THE COURT: What year are we talking about? 22 THE WITNESS: He was ten years old. I'm not 23 quite sure. 24 THE COURT: That is good enough. Go ahead. 25 Next question. 31 e/6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ "..., BY MR. ETTER: Q Do you guys read newspapers and watch talk shows and stuff in your home? When I have time, yes. Have you ever discussed that with Dallas? No, because he's not interested. Does he ever read the newspapers? You can ask him that. But you don't shelter him from any TV shows A Q A Q A Q or anything? A Q A No. When you brought Dallas to the prison -- Let me correct myself. Yes, I do shelter He does not see X-rated or bad movies, no, he doesn't. him. I do THE COURT: Next question. Next subject. BY MR. ETTER: Q When you brought Dallas to the prison, you were aware of what 10 you needed the first time? A I did not have any trouble the first time. Well, I only took him up once, and I did not have any trouble at that time because I was the mother. Q You had proper ID? A I had proper 10, yes. Q You said you never refused me visits, but I )2 qq 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,..... called there in February of '94 and you said if I come up the hill you are going to call the police or my parole officer. Wouldn't that be considered a refusal? A I don't remember that call. Q You just mentioned you were going to call the parole officer, something about a helicopter chase? A No, I heard about the helicopter chase. I knew -- you were up two days prior to being caught, and that's when I told you to leave the hill. And I remember that it was approximately two days after that you were caught. Q I don't remember anything about a helicopter chase. A Well, I'm not going to argue about it. THE COURT: stop. stop. You answered the question. Direct question. Next question. BY MR. ETTER: Q How long was I there this time you told me to leave and I was in the red car with a case of beer? How long was I there? Who was with me? A There was no one with you at that time. THE COURT: And how long was he there? THE WITNESS: Not very long, five minutes, enough for me to tell you to leave. 33 ICe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ f"'\ BY MR. ETTER: Q Easter Sunday? A Q A That was -- are we talking about Easter, I'm not sure exactly when it was. I don't know. All I know is I didn't like what I saw. THE COURT: Hold on. Are you through? MR. ETTER: Yeah. THE COURT: Ma'am, you may step down. Next witness. MR. MULDERIG: Your Honor, do you want to take the boy here or in chambers? THE COURT: I feel I have to take him here. Do you want the rest of the people out of the courtroom? I will move the spectators out of the courtroom. He is representing himself and presently testifying. If you want the spectators out, I will move all other spectators out. It is your choice. MR. MULDERIG: I think it would be advisable. I'm not so sure how the child will react. THE COURT: All spectators should leave until this young man gets finished testifying. Dallas, come on up. 34 /e/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,...., EXAMINATION BY THE COURT: Q Dallas, this is informal. You do not have to take an oath. I am net even going to put you in the witness stand. I am going to put you over there in the jury box so you feel it is informal. Just walk through that little thing and sit there in the first row. sit down there a little bit further so I can see you. Tell me what your name is. A Dallas Conrad. Q Speak up a little louder. A Dallas Conrad. Q How old are you, Dallas? A Thirteen. Q Fifteen? A Thirteen. Q When did you turn 13? A February 23rd. Q And are you on school vacation? A Yeah. Q What school are you going to next year? A cumberland Valley. Q What grade will you be in? A Eighth. Q Good student? Could be better? 35 leI ~ r A Yeah. Q What is your favorite subject? A Science. Q What is your least favorite subject? A Reading. Q What is your favorite sport? A Basketball. Q You know why we are here, you were listening to this, right? 1 2 3 4 5 6 7 8 9 10 A Yeah. 11 Q Let's go back to December. You were up to 12 see your dad in December, right? 13 A Yes. 14 Q When is the last time you recall seeing your 15 dad before December? 16 A I can't remember. 17 Q You don't remember? 18 A No. 19 Q Do you ever recall seeing your dad in a 20 prison setting before December? 21 A Yes. 22 Q And do you ever recall seeing him outside 23 when he was not in prison before then? 24 A Yes. 25 Q Do you remember what has been testified to 36 /C3 ~ ~ 1 here that while your dad was released from prison, I think 2 it was early 1994, February 1994, do you remember him coming 3 around to see you? 4 A Yes. 5 Q Did you talk with him that day? 6 A Some. 7 Q And is that when your mother came home a 8 little while later? 9 A Yes. 10 Q From that day until afterward, did you see 11 him at all before he went back into prison? 12 A I can't remember. 13 Q Tell me about the December visit with him. 14 Who took you up and who were you with? 15 A My, I guess, grandmother or grandfather. 16 Q Your dad's parents? 17 A Yes. 18 Q Do you ever see them otherwise? 19 A No. 20 Q Where do they live? 21 A I'm not sure. 22 Q They picked you up? 23 A Yes. 24 Q Tell me how that day went from your 25 perspective. How did you feel about meeting your dad in a 37 ~y ~ ~ f 1 prison, and how did you feel that day? 2 A Well, like, not very secure. 3 Q Why? 4 A He had discussions with gay people and 5 murderers. 6 Q Did he treat you good? 7 A While I was up there, yes. 8 Q Were there other -- were there other families 9 up there visiting people in the same area that you were? 10 A Yes. 11 Q Did you feel threatened in anyway? 12 A Not until he was talking about murderers and 13 stuff. 14 Q What did he tell you? 15 A He was telling me about, I guess, his friend, 16 some serial killer. 17 Q Did he tell you that he had changed his life? 18 A No. 19 Q Did he say anything else that day that made 20 you feel uneasy? 21 A No. 22 Q Were you happy to see him that day? 23 A Not really. 24 Q Do you want to see him on occasions now? 25 A No. 38 M5 ~ ~ 1 Q Tell me why? 2 A He wasn't there before, and whenever he was 3 in jail, that's the only time he wanted anything to do with 4 me. 5 Q I'm sorry, what was the second thing? 6 A Whenever he was, like, in jail and stuff, 7 that's the only time he wanted anything to do with me. 8 Q I still didn't hear you. 9 A Whenever he was in jail, that was the only 10 time he wanted anything to do with me. 11 Q Whenever he was in jail, that is the only 12 time he wanted to have anything to do with you? 13 A Yeah. 14 Q Do you ever remember him doing anything with 15 you when he was not in jail? 16 17 18 19 20 21 22 23 24 25 A No. Q Do you ever remember staying overnight with him anywhere or going out with him? A No. Q Do you have an idea how many times you have seen him when he was not in prison that you can remember? A Between eight and ten. Q You can remember? A Yes. Q None of those were overnight? 39 /06 ~ ~ 1 A No. 2 Q Do you think he loves you? 3 A It's hard to tell. 4 Q What is your feeling? 5 A About? 6 Q Do you love him? 7 A I couldn't tell. 8 Q Do you feel your mom doesn't want you to go 9 up and see him? 10 A No. 11 Q Has she told you you can't go up? 12 A No. 13 Q Did you get along good with your grandparents 14 the day you went up to see him? 15 A On his side? 16 Q Yes. 17 A Well, we really didn't talk much. 18 Q Do your mother's parents live around here? 19 A Yeah. 20 Q Do you see them? 21 A Yeah. 22 THE COURT: Do you have any questions? 23 EXAMINATION 24 BY MR. MULDERIG: 25 Q Dallas, did your father when you visit him 40 ~7 ~ ~ A Q A Q A Q anything? A Q 41 K8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ "".. THE COURT: Do you want to question him? I will let you question him within reason but I won't -- MR. ETTER: I don't want to badger him, Your Honor. I don't want to badger him. I feel bad you going through this as it is. THE COURT: Do you have any questions for him? MR. ETTER: Yeah. EXAMINATION BY MR. ETTER: Q newspaper? Do friend? A Q A Q Do you remember us talking about the you remember Frank, talking about Frank, my I'm not quite sure. Do you remember talking about the newspaper? No. We had discussed a newspaper article about Frank, the guy that is, you know. THE COURT: Any other questions? MR. ETTER: Yeah. BY MR. ETTER: Q I thought -- I'm sure we talked about your grades. A Not that I can recall, no. Q I asked you how you were doing in school, and 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,.. you told me you had gotten in a tussle with a boy. A Yeah. Q Maybe -- I don't know, maybe I misunderstood you. You told them we had discussions with homosexuals and gays at the prison. A Yes. Q Who were they? I mean, what did they look like, these guys we had discussions with? A What did they look like? Q Yeah. A Like, dark hair, because they were, like, right by a vending machine and you were talking with them and stuff. Q I don't remember you discussing anything with anybody. To be honest with you, I don't remember me discussing anything. I may have said hi to them maybe. I don't know. I mean, man, I hate to put you through this. I'm sorry you are here. THE COURT: MR. ETTER: THE COURT: Any other questions? No. Okay. Dallas, you can have a seat back. MR. MULDERIG: At this point, we rest, Your Honor. THE COURT: Okay. Would you like to call any 43 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ r- other witnesses? MR. ETTER: Yeah, I think I would like to call my daughter. THE COURT: Have these people walk back into the courtroom, if you would. Which one is your daughter? MR. ETTER: corinna. THE COURT: Come on up. Whereupon, CORINNA SPANGLE, having been duly sworn, testified as follows: MR. MULDERIG: Your Honor, if I may, I'm not quite sure -- THE COURT: I know what he wants to call the daughter for. If it isn't relevant, I will stop him. EXAMINATION BY THE COURT: Q What is your name, ma'am? A My name is corinna Spangle. Q C-i-- A C-o-r-i-n-n-a Q Spangle? A Spangle. Q Where do you live? A I live in New Bloomfield in Perry county. Q How old are you? 44 ~ ~ A Q A Q A seven months. Q A Q A Q A Q along? A Q him? A the visits. Q A Q 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,..., Q Did your dad ever live with your mother in an intact family in which you were present? A I'm sorry, I don't understand. Q Did your dad and mother ever live together and you live with them, your mother? A That I did live with them? Q Yes. A Yes. Q For how long? A Well, the whole time they were together all but maybe two years. It's kind of confusing. They were on and off together. I don't believe they were married until I was about nine or ten. But when I was seven and eight years old, I believe I lived with my great grandparents, and they were separated. Q Did your dad at times when he was not in prison and even during times they were separated do things with you and see you? A Yes, he did. I was with him a lot when I was younger. THE COURT: MR. ETTER: Any questions of her? No. I think you pretty much covered it. THE COURT: Okay. Mr. MUlderig, any questions? 46 ~ ~ 1 MR. MULDERIG: No questions. 2 3 4 5 6 7 in the hallway. Dallas was about three months old. It was 8 the only time I've ever seen him. They had brought him over 9 to visit me. I just wanted to get that in. 10 THE COURT: Okay. Good. Any other people 11 you want to have testify? 12 MR. ETTER: No, I don't think so, Your Honor. 13 THE COURT: The record is closed. I have to 14 make a decision based upon what is in the best interest of 15 the child. I will take the record, and I will give it some 16 thought and write an opinion. I will send it to counsel, 17 and I will send a copy to you so you will know th6 reasons 18 for my opinion. I will get it out shortly. 19 I do not know what I am going to do at this 20 moment, but my sole job here is to enter an order given the 21 facts at this time and what is in the best welfare and 22 interest of Dallas. I have to consider everything and I 23 will. Do you have any questions? 24 MR. ETTER: No, a few things I would like to 25 say. THE COURT: You may step down. THE WITNESS: May I say something else? THE COURT: You can tell me. THE WITNESS: Okay. When I lived with my great grandparents, I do remember -- I recall standing out 47 ~ ~ 1 THE COURT: okay. I will let you say what 2 you want to say. Go ahead. Off the record. 3 (Whereupon, closing argument was held 4 off the record.) 5 THE COURT: I will take it under advisement. 6 You handled yourself well here. Mr. Mulderig, well 7 presented. I will get something down shortly for everyone. 8 Court is adjourned. 9 (Whereupon, the hearing was concluded 10 at 3:50 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 II :) 1 2 10 11 ~ I"" CERTIFICATION 3 I hereby certify that the proceedings are 4 contained fully and accurately in the notes taken by me on 5 the above cause and that this is a correct transcript of 6 same. 7 8 9 Pamela R. Sheaffer Official Court Reporte ---------------------------------- 12 The foregoing record of the proceedings on the 13 hearing of the within matter is hereby approved and directed 14 15 16 17 18 19 20 21 22 23 24 25 to be filed. J // Vt&; Edgar B. Bayley, J. / ~ L- "'-1 , I ~"t b 49 ~" ~.: ;::~ u.lf) ~O.., ~. f @t. -. C1: t.. " .- 011. '-':0 0-. <", (.: t:~ '" ~." J:;: '::-j (; -' .,,< ,'tJ ..f~ .:l ,'..) .., "',.... " '. ~ F" f C:' I. -fj_("\cnct: 4- (1'; -: ,.- ',.~:'I,_;- _ ' . 1 ',-'~ ...., I." '.l %r.1'~2'/ f ,. t 1,\ ,: 10 Ci' ......;._,., , r...'" " .. "L.:.," ,,' :\\,"'.1 ji:( "' , . , . . ~" . - ~ r- Michael L. Etter, pro se SCI-Houtzdale State Route 2007, Box 1000 Hout!.dale.L.-f.~~!lia_.!669!!~QQQ__ IN THE COURT OF COMMON PLEAS FOR CU~BERLAND_QQ~!!!.L_fBNNSYLVANI! MICHAEL L. ETTER, Plaintiff 95-5256 CIVIL TERM vs. BRENDA L. VERNET, Defendant IN CUSTODY MOTION FOR COURT ORDER DIRECTING THE APPROPRIATE COURT OFFICIALS TO DE~IVER PLA!NT!FF CQPY OF-!~~_!RAN~QRIf!~~IT~~OS!-!Q~~ PAID BY THE COUNTY --------- TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF THE ABOVE COURT: NOW COMES Michael L. Etter, above named plaintiff moving pro se, who respectfully request this Court to order and direct the appropriate court officials to deliver to him a copy of the transcripts relevant to the above captioned case, from the hearing which took place on June 19, 1996. In support of this request Plaintiff represents: 1. Plaintiff, Michael L. Etter, has been granted in forma pauperis status in this above captioned matters. 2. He is litigating this matter pro se, without any assistance of legal counsel. 3. He has initiated an appeal with the Superior Court from an order of this Court, dated June 26, 1996, which stemmed from a hearing held on June 19. 1996. , ' . J II I'I( ,il, I..i" " I' I I". I!,; ..'d !.J I. /, )". : .) . """ r . 95-5256-Civil Term ---------- 4. A Notice Of Appeal, and Order For Transcripts has been filed in this matter. 5. The transcripts requested are required to perfect a brief for appellant, and seek s meaningful review by the Superior Court. 6. Plaintiff is without funds or means thereof to pay for the copying and delivery of the transcrips requested. WHEREFORE, Plaintiff, Michael L. Etter, respectfully request this Honorable Court ot order and direct the appropriate court officials to produce and deliver, to Plaintiff, a copy of the transcribed testimony from the June 19, 1996 hearing relative to the above captioned case, with cost to be paid by the county. Dated: August 19, 1996 Respectfully submitted, ~/;!~ Michael L. Etter, pro se II~ """'I /' IN THE COURT OF COMMON PLEAS OF CUMRERLAND COUNTY, PENNSYLVANIA MICHAEL L. ETTER, Plaintiff 95-5256 CIVIL TERM vs. IN CUSTODY BRENDA L. VERNET, Defendant CERTIFICATE OF SERVICE -------------- I, Michael L. Etter, do hereby certify, subject to the penalties of perjury provided by 18 Pa.C.S.A. Section 4904, (relative to the unsworn falsification to the authorities) that I sm this date serving a true and correct copy of the foregoing document upon the persons and in the manner indicated below: SERVIC! BY-I!!~!-fLAS~ MA!~i POSTAGE PRE-PAID ADDRESSED AS FOLLOWS: ----------- Mr. Robert Mulderig (1 copy) Attorney for Defendant 32 Bedford Street Carlisle, Pa. 17013 Edgar B. Bayley, Judge (1 copy) Cumberland County Court One Court House Square Carlisle, Pa. 17013 Office of the Clerk (original + 1 copy) Cumberland County Courts One Court House Square Csrlisle, Pa. 17013 Service on the 19th day of August 1996~'/1 ' . BY:.rd!. . 1~.;o:I .$/Z " ~~------ ",oh. I . """ po, .. SCI-Houtzdale State Route 2007, Box 1000 Houtzdale, Pennsylvania 16698-1000