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ORDIR OJ' COURT
AND NOW, on the ~\~ day of ~:c~~~~r'l ,1996, upon
consideration of the attached petitioner, 1t 1S hereby directed
that the parties nd their respective counsel appear before
j'h~ '_~the conciliator, at
fs In S. day of ~r< '" I 4/~ , 1996, at _
,m" for a Custody Conference, At such conference,
an effort will be made to resolve the iS$ues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be
heard by the court, and to enter into a temporary order, All
children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order,
FOR THE COURT,
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8y: t;Yf/Y /A<he
Custody Conciliator
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.. DISSINGER & DISSINGER
ArTORNIf'f\ 11.1 LAW
2& N, THIRTY-SECOND STREET i a fOO6tf'
C/lMP HIll., PENNSYl.VA.'lI" 17011
975~li1AO iJtt ,15--1U1
DIANE M. HARPER, : IN THE COURT OF COMMON PLEAS
Petitioner OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs,
CIVIL ACTION
NO, 9~-J>7t. Civ~ll(l2.1V1
IN CUSTODY/VISITATION
KIM LARGENT and,
WILLIAM M, HARPER,
Respondent
NOTICI!:
TO
DEJ'END
You have been sued in court, If you wish to defend against
the claims set forth in the following pages, you must take prompt
action, You are warned that if you fail to do so, the case may
proceed without you and a judgment may also be entered against you
for any other claim or relief requested in these papers by the
Petitioner. You may lose money or property or other rights
important to you, including custody or vis"'t.ation of your
children,
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
Cumberland county Court House
Fourth Floor
1 courthouse square
Carlisle, Pennsylvania 11013-3387
(1l1) 2~0-6200
DIANE M, HARPER
Petitioner
:IN THE COURT OF COMMON PLEAS
: OF PENNSYLVANIA
:CUMBERLAND COUNTY BRANCH
vs,
KIM LARGENT and
WILLIAM M, HARPER,
Respondents
:CIVIL ACTION
:NO.
: CUSTODY/VISITATION
PETITION FOR VISITATION
PURSUANT TO THE GRANDPARENT'S VISITATION ACT
23 Pa.e.S.A. 5312
1, Petitioner, Diane M. Harper, residing at 306 South Market
Street, Mechanicsburg, cumberland County, Pennsylvania,
2, Respondent, Kim Largent, is currently residing at 285 Regal
View, Carlisle, Cumberland County, Pennsylvania,
3, Respondent, William M, Harper, is currently residing at
Iceland Defense Force, Building 762, Room 103-N, Keflavik,
Iceland, Naval Air station, FPOAE 09728, and will reside there
until 1999.
4, The Respondents were married on February 21, 1~81. They were
divorced on November 6, 1986, in cumberland county, Pennsylvania,
5. Petitioner seeks visitation of the fOllowing child:
Name Present Residence
Justin M, Harper
285 Regal View
carlisle, PA 17013
Age
12
6, The child was not born out of wedlock,
7. The child is presently in the custody of Respondent, Kim
Largent, who resides at 285 Regal View, carlisle, Cumberland
county, Pennsylvania,
8, During the past five years, the child has resided with the
Respondent, Kim Largent, at various locations,
9, The mother of the child is Respondent, Kim Largent, who
currently resides at 285 Regal view, carlisle, Cumberland county,
Pennsylvania.
10, She is not married,
11, The father of the child is Respondent, William M. Harper, who
currently resides at Iceland Defense Force, Building 762, Room
103-N" Keflavik, Iceland, Naval Air Station, FPOAE 09728,
12. He is married to Kathie Harper.
13, The relationship of Petitioner to the child is that of
paternal grandmother.
14, The relationship of Respondent, Kim Largent, to the child is
that of mother. The Respondent currently resides with Jeff
Schultz, her boyfriend, and Justin Harper, the subject of this
vuit,
15, The relationship of Respondent, William M, Harper, to the
child is that of father. The Respondent currently resides Iceland.
His wife, Kathie, and their two children, Kelsey, age 5 years, and
Evan, age 2 years, will be joining him in April, 1996,
16. Petitioner has not participated as a party nor a witness in
any other litigation, but Respondents have an order concerning the
custody of the child, Said order is under Docket number 1419
civil 1986, filed with the Cumberland county Prothonotary.
17, Petitioner 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,
18. The best interest and permanent welfare of the child will be
served by granting the relief requested because the child has had
a relationship with the Petitioner for all of his life, until ;
recently due to the refusal of Respondent, Kim Largent, to allow
such a relationship,
19. On or about the December 12, 1995, Petitioner telephoned
Respondent, Kim Largent, and asked if the child could go to an ice
show with her in Hershey, Pennsylvania. The Respondent said that
she would have to "check my calendar and get back to you", To
date, Respondent has not contacted Petitioner,
20. During the blizzard of 1996, Petitioner
Respondent, Kim Largent, and left a message at
residence saying she would like to speak to her,
telephone call has not been returned,
telephoned
Respondent's
To date, the
21, pqtitioner has repeatedly asked Respondent, Kim Largent, if
she could take the minor child, Juztin Harper, on a day around his
birthday for purposes of taking him to a meal and a movie and
celebrating his birthday.
22, About two years ago, when Justin Harper was at Petitioner's
residence with another granchild of Petitioner's, he heard the
other grandchild talking to Petitioner about her upcoming birthday
outing, to which Justin Harper responded aSking Petitioner,
"Grandma, why don't you take me?"
23. Since that time, the Respondent Kim Largent has refused to
allow the Petitioner to take the child for a brief period of time
to celebrate his birthday,
24, When Petitioner is out in public and has occasion to be in a
public place where the minor child Justin Harper is and he sees
her, he comes running to her calling, "Grandma, Grandma" and they
engage in the usual grandmother/grandson chit chat,
25, Each parent whose parental rights to the child have not been
terminated and the persons who have 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: none,
WHEREFORE, Petitioner requests the Court to grant an order
allowing her to have visitation with the child, Justin Harper, on I
the following terms:
A, One day per month, during a weeked to be mutually agreed
upon by the parties, from 1:00 P,M, to 8:00 P.M,;
B, One day around the child's birthday, which is on June
3rd, and the visit shall occur either within ten days before or
ten days after said date of birth from the hours of 12:00 P,M, to
8:00 P.M.;
C, One overnight visit per year;
D, One week in the summer;
E, One day, either five days before or five days after
Christmas, from the hours of 12:00 P.M. to 8:00 P.M,
Respectfully submitted:
DISSINGER & DISSINGER
B~'
Mary A. Etter Dissinger
Attorney for Petitioner
28 N. 32nd Street
camp Hill, PA 17011
(717) 975-2840
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C. On 25 May 1996 from 1 :00 p.m. until 8:00 p.m,
D. On 1 June 1996 from 1 :00 p,m. until 8:00 p.m.
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E. On 22 June 1996 from 1 :00 p,m. until 8:00 p.m,
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F. On 20 July 1996 from 1 :00 p.m. until 8:00 p.m.
These visitations can either occur at Grandmother's house or
the Mother's house. If the parties cannot agree, then they
should be at Grandmother's house, The parties understand
that the Mother intends to be present during these periods.
3, The paternal Grandmother agrees that she shall not consume
any alcoholic beverages or any illegal substances of any type when
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Mary E. Dissinger, Esquire
Attorney for Plaintiff
Stephen K. Portko, Esquire
Attorney for Defendant
Mr. William M, Harper
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DIANE M. HARPER,
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIM LARGENT and WILLIAM
M, HARPER,
Defendants
CIVIL ACTION - LAW
NO. 96-875 CIVIL TERM
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8Ib), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Justin M. Harper
3 June 1983
Defendant/Kim Largent
2, A Conciliation Conference was held on 14 March 1996, and the following
individuals were present: the Plaintiff and her attorney, Mary E. Dissinger, Esquire,
The Defendant Kim Largent appeared with her attorney, Stephen K. Portko, Esquire.
Defendant William M, Harper, the natural father, is in Iceland and did not appear or
have counsel represent him.
1
3. Items resolved by agreement: Temporary visitation periods before a
hearing,
4. Issues yet to be resolved: Unrestricted visitation with paternal
Grandmother, as well as a block of time for Grandmother and overnight visitation
with Grandmother,
5, The Plaintiff's position on custody is as follows: Plaintiff is the paternal
Grandmother. She is requesting to have unrestricted access to her grandson and
one time per month, one week in the summer, one overnight visit par year, one day
around the child's birthday, and one day around Christmas, Grandmother wants to
establish regular and consistent contact with her grandson.
6. The Defendant's position on custody is as follows: Defendant Kim
Largent appeared with counsel. The natural father is in Iceland and did not appear
or have counsel represent him. Defendant Kim Largent indicated that the
Grandmother has never had unrestricted contact with her son. She has raised
some concerns about the Grandmother's alleged abuse of alcohol andlor drugs in
the past. She has also raised a concern that the Grandmother does not really know
the grandson at all and so she does not feel comfortable with having the grandson
with the Grandmother alone. Also she indicates that the grandson does not wont
to be alone with the Grandmother.
2
7. Need for separate counsel to represent child: None requested and the
Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: Neither
party requested and the Conciliator does not believe any is necessary.
9, A hearing in this matter is expected to take one-half day.
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10. Other matters and comments: This is a petition by a Grandmother for
grandparent's rights. Apparently the Grandmother has not had regular and
consistent contact with the grandson for quite some time. She apparently gets
contact when her son is home on leave and then her grandson visits with her. She
wants to establish a more consistent schedule with him.
Mother raises some legitimate concerns about the fact that the child has not
had contact. She also has some concerns over what she alleges as the
Grandmother's past abuse of alcohol and/or drugs.
The parties were able to agree to supervised visits with Grandmother over
the next several months. The Conciliator feels that the parties will know over the
next several months whether or not a more regular unsupervised schedule is
warranted. The Order reflects an agreement which will provide Grandmother with
approximately six contacts until August. By the time the parties reach the court. it
should be quite clear to the court whether or not the child should be visiting in
3
DIANE M. HARPER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-875 CIVIL TERM
CIVIL ACTION - LAW
KIM LARGENT and WILLIAM M.
HARPER,
Defendants
IN CUSTODY/VISITATION
ORDeR OJ' COURT
tt.
AND NOW, this 3() aay 01' May, 1996, upon consent of counsel,
the hearing previously sche~uled in this matter for Monday,
August 12, 1996, at 8:45 a.m. is continued to Monday, August 19,
1996, at 1:30 p.m.
BY THE
Judge
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GRIFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NalllTlot HAICI"'lIl STN.(T
c..~.... PA 17'OlJ
(717) U3.5a51
1 (800)JAHM2
FAX 117-2A3.1lO63
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c,'U_"'1IIIG TlIWAf IM..DttCI
...... 650,1. -... "'"'" S"'IT
C,... ~ PA 17201
(717) 2t7.13S0
May 28, 1996
AI.... TO: ~...
The Honorable Edgar B. Bayley
4th Floor, Judges' Chambers
CUmberland County Courthouse
Carlisle, PA 17013
RE: Harper vs. Largent
Dear Judge Bayley:
Your calendar will reflect that the above captioned case was
scheduled for a hearing for Monday, August 12, 1996. Due to a
conflict in my schedule, now that I have assumed responsibility
for representation of the Defandant, I requested that the matter
be continued. In discussions with your staff, I was advised that
the date 01' Monday, August 19, 1996 at 1:30 p.m. was available
for this hearing.
We have confirmed with opposing counsel, Mary Dissinger,
Esquire, that this is an accectable time and date. I would
appreciate if you would continue the hearing from August 12 to
the August 19 time and date. I have enclosed a proposed Order
for your signature.
If you wish to have me take any additional action or provide
you with an Order to sign reflecting this continuance, please so
advise me.
Very truly yours,
BLG/rjg
cc: Kimberly J. Largent
Mary Dissinger, Esquire
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DIANE M. HARPER,
Petitioner
IN THE COURT OF COMM0N PLEAS
OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
KIM LARGENT and,
WILLIAM M. HARPER,
Respondents
.
.
NO. 96-875
ORDeR
AND NOW, this JQ day 01' u.)-d,:: ,1996, upon
consideration 01' the Complaint filed in this matter and the
Stipulation and Agreement of the Parties and upon motion of Mary
A. Etter Dissinger Esquire, it is ORDERED that temporary custody
01' Justin M. Harper is hereby granted to Plaintiff, niane M.
Harper as follows:
1. Plaintiff, Diane M. Harper, shall have one unsupervised visit
with Justin M. Harper each calendar month from 1:00 p.m. to
8:00 p.m.
2. Plaintiff, Diane M. Harper, shall have an unsupervised visit
within one week before or one week after the minor child's
birthday from 1:00 p.m. until 8:00 p.m.
3. Plaintiff, Diane M. Harper, shall have one unsupervised visit
during the Christmas holiday, said visit to occur one week
before or one week after December 25 from 1:00 p.m. to 8:00
p.m.
4. All visits shall occur at the home of the minor child, Justin
M. Harper.
5. At such times as Justin M. Harper feels comfortable with and
desires overnight visits and weekly visits with Plaintiff,
Diane M. Harper, Defendant, Kim Largent, shall permit such
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DIANE M. HARPER,
Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KIM LARGENT and,
WILLIAM M. HARPER,
Respondents
NO. 96-875
STIPULATION AND
AGREEMENT OF THE PARTIES
The three parties stipulate and agree that the Court shall
enter an Order concerning temporary custody of Justin M. Harper a9
follows:
L Plaintiff, Diane M. Harper, shall have one unsupervised visit
with Justin M. Harper each calendar month from 1:00 p.m. to
8:00 p.m.
2. Plaintiff, Diane M. Harper, shall have an unsupervised visit
within on~ week before or one week after the minor child's
birthday from 1:00 p.m. until 8:00 p.m.
J. Plaintiff, Diane M. Harper, shall have one unsupervised visit
during the Christmas holiday, said visit to occur one week
before or one week after December 25 from 1:00 p.m. to 8:00
p.m.
4. All visits shall occur at the home of the minor child, Justin
M, Harper.
5.
At such times as Justin M. Harper feels comfortable with and
desires overnight visits and weekly visits with Plaintiff,
Diane M. Harper, Defendant, Kim Largent, shall permit such
visits.
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- AUG 3 0 1996 '
DISSINGER & DI5~iM)lH