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HomeMy WebLinkAbout07-1116 SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 0'1 - III/.; (!!u~l'~ AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, SCOTT A. WOOLF, by and through his attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Scott A. Woolf, an adult individual who currently resides at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy E. Woolf, who currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. ~') 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30, 2003. The children were not born out of wedlock. The children are presently in the shared physical custody of Plaintiff and Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. August 2006 to Present 10 Tumeric Drive Father Mechanicsburg, P A 17055 215 Fox Grove Place Mother Hummelstown, P A 17036 B. November 2005 to 147 Peregrine Lane Father August 2006 Hummelstown, P A 17036 215 Fox Grove Place Mother Hummelstown, P A 17036 C. Birth 215 Fox Grove Place Father and Mother November 2005 Hummelstown, P A 17036 The father of the children is Scott A. Woolf, currently residing at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania.. The mother of the children is Amy E. Woolf, currently residing at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania. 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. 7. Plaintiff has participated as a party in other litigation concerning the custody of the children in another court. On April 5, 2006, an Order was entered at Docket number 2005 CV 4662 DC in Dauphin County, Pennsylvania pursuant to a Stipulation for Custody executed by the parties on March 23, 2006. A copy of said Order and Stipulation are attached hereto, incorporated herein, and marked as Exhibit "A." Defendant, Amy Woolf, filed a Petition for Modification of Custody on or about July 31, 2006 requesting primary physical custody of the minor children. Following a conciliation conference held on August 28, 2006, the matter was to be scheduled for trial before visiting Senior Judge Ward Clark. Upon Motion by Ms. Woolf s counsel, the matter was continued generally by Order dated December 9, 2006, a copy of which is attached hereto, incorporated herein, and marked as Exhibit "B." 8. It is believed and therefore averred that this matter is more appropriately heard in Cumberland County as Mother is a Harrisburg City police officer and Father is a Dauphin County Probation Officer and, as a result, all Dauphin County judges have recused themselves in this matter. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and primary physical custody of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffs respectfully request This Honorable Court to award him shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: ~ Timothy J. Colgan, qUI e ID # 77944 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: J -J7-()1- SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I 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 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 2,( 1--1/0 I sc~~ ~L Plaintiff AMY E. WOOLF, v. Plaintiff SCOTT A. WOOLF, Defendant i!~, (3 l': : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT t,e/~ <6- AND NOW, this v day of , 2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. ll~ ",- BY THE COURT: , x9; ~ti!?~ 4.. J. APR 0 6 2006 IuJ~. ~I ". ~... . ..~ LV' _.....\ - '. . ,1' ( l! EXHIBIT ;; i I A ~ 'I' ~...,-. i r _r<. Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA AMY E. WOOLF, v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF , Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY NISIT A TION STIPULATION AND NOW, thi4,)dday of -111O./'U ~ ,2006, the Plaintiff, Amy E. Woolf (hereinafter "Mother"), and the Defendant, Scott A. Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEKONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5 :40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5 :30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving. Mother will have custody ofthe children on Easter 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined as commencing at 9:00 a.m. and ending at 5 :00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.). 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last ' day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties. ..1 ! 7. Holidays will supercede the regular schedule. 8. The parties have the right to ten (10) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day, commencing on the Friday prior to the holiday, and ending on the Monday morning following the holiday. 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on either child's birthday. ' 11. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one (l) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 14. Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. 15. The parties express their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Dauphin County Court of Common Pleas for entry as an Order of Court. a1 'for.4 Amy. olf Plaintif '. ~tfo1, Date Lj/~/o~ Date Scott A. Woolf Defendant 3l2~/o~ Date I,' " ~1a71ob Date stip2 Plaintiff . IN THE COURT OF COMMON PL ~ DAUPHIN COUNTY, PENNSYLVfMA ~ NO. 2005 cV 4662 DC ~ CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICATE OF SER~ I, John F. King, Esquire, hereby certify that on April!:{, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, flist class, postage prepaid; addressed as follows: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & MarZZacco, P.C. 130 W. Church Street, Suite 100 Dillsburg, PA 17019 17108 1) v. ~ : IN THE COURT OF COrvtM:ON PWAS ~ : DAUPmN COUN1Y, PENNSYL V~~ . ~ ~ ; NO. 2005 CV 4662 DC ~ti ~ . ~~ ~ : CIVIL ACTION - LAW yo-:S : CUSTODY % ~ ~ '" .tj ::0 o-;:fj ~~ ('i'. '"'\"\('J ~ - (1"'" -:t:-~L ~O~ y~ ~ AMY E. WOOLF, /' Plaintiff SCOTT A. WOOLF, Defendant ORDER OF COURT AND NOW, this 'f ~y of /j) ,2006, upon consideration of the attached Motion for Continuance, it is hereby ~ ORDERED that the trial scheduled for December 14, 2006 before the Honorable Ward F. Clark, Senior Judge, be cancelled, and the matter be continued generally. BY THE COURT, Date: (t2- 'I znt / / By: ~/ 51' Distribution: Timothy J. Colgan, Esq., The Wiley Group, 130 W. Church St., Suite 100, Dillsburg PA 17019 (717) 432-9666, tcolgan@wi1ey4u.com John F. King, Esq., Friedman & King PC, PO Box 984, Harrisburg P A 17108, (717) 236-8000, friedmanandking@hotmail.com ' = :0 i I EXHIBIT 16 GEe 1 S 2006 I he:-tuy c~rtif'J that ~he forf;iOOlg ~5 a Inffl w.<l Cllfrtt;( ~ ~ !lie er1glnal ft~. ~e,. ~ prothonotary G'd X~~ i3r~3S~1 dH Wd9v=v 9002 80 oaa :u ~ ~ r-:l 0 n C"~ -n ........ ~- c:::; --" --'I 4 '" ~; ......, ::L11 ~ r'1 f 11 r== . co i~T{ r" l._ D I co <"j ~,. ," '''" --- ~ (). -n ~ ~ ~=~ ~'~ :.t: "'<) ~ -J (;'? ~::~. ..> W ~ j:J W f',) -< "-() .4.- ~ ~ ~ SCOTT A. WOOLF PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 07-1116 CIVIL ACTION LAW AMY E. WOOLF DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 07,2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at___:!th Floor, Cumberland County Courthouse, Carlisle on Friday, March 30, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: /s/ fohn.T. Mangan, Jr., Esq. Custody Conciliator 4~J~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~.fp ~~~ (iJ-~r ~.~ ~ ~ ~u. (17-.!1' [' P1Jf~ ~ ~ ~~-p; [O-I/'~ . . .'"' \ \"i b'" (j\1\\ l~\j1. ~'\:o ~.' , , , :1\-\1.. ';'0 \ \ \\.1\ {>,~Qr\.0JG~ :1::\1 rl';' ~ -~~~~r-'j ,vfl-'O:\ \\:1 :h.Jl_I.... ~.' SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 AND NOW COMES the Defendant, Amy E. Woolf, by and through her attorneys, Friedman & King, P.C., and brings this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, averring as follows: 1. The Plaintiff, Scott A. Woolf, filed a Complaint for Custody in the Court of Common Pleas of Cumberland County on February 28,2007, and pursuant to said filing, an Order of Court was issued directing the parties and their respective counsel to appear before John J. Mangan, Jr., Esq., the conciliator, on Friday, March 30, 2007, at 2:00 p.m. Copies of said Complaint and Order are attached hereto and collectively marked Exhibit A. 2. Defendant, Amy E. Woolf, has filed Preliminary Objections based on both improper venue and pendency of a prior action. A copy of said Preliminary Objections, without the exhibits thereto, is attached hereto and marked Exhibit B. 3. The Defendant believes, and therefore avers, that a conciliation pursuant to the Cumberland County Court of Common Pleas filing of the Plaintiff is improper, until such time as the Preliminary Objections have been ruled upon. WHEREFORE, Defendant, Amy E. Woolf, prays this Honorable Court to order that the conciliation scheduled before John J. Mangan, Jr., Esq. on Friday, March 30, 2007 at 2:00 p.m. be cancelled. . Date: JFK:ka Respectfully submitted, 3/'.I{07 FRIEDMAN & KING, P.C. ~, \' F. King, Esquire ~ N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 ..~._ 1M SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Petition for Special Relief; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. AmYEQW5o~ Dated: 3 J I rlol SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CNIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 15, 2007, I served a copy of the within Petition for Special Relief, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church 81., Suite 100 Dillsburg, P A 17019 FRIEDMAN & KING, P.C. E~hlbit A SCOTT A. WOOLF PLA INTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 07-1116 CIVIL ACTION LAW AMY E. WOOLF DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 07, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 30, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any 1md all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: /s/ John /. Mangan, Jr., Esq. Custody Conciliator ii-rY The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 70] 3 Telephone (7]7)249-3166 TRUE COPY FROM RECORD ttl Testtmony whereof, I here unto set my held and 1fIe _I of said Court at Carlisle, PI. This ....f...,....... day of...t!'J.~...., ~~ ...,....~......Jt.::~..~d..~ ~T , T MAR 0 5 2007 SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. D7 - II/Ie. elu~L <-r~ : CIVIL ACTION - LAW : IN CUSTODY AMY E. WOOLF Defendant. ORDER OF COURT AND NOW THIS _ day of , 2007, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2007, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five (5) 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. BY THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. C) ~; .;::'," ,....., <.::::> = --.J .." fTj co f',) co COMPLAINT FOR CUSTODY c.) (',) .t.-- o -\1 .-1 ff,:n r -'':) en ~:~,}~ ---::.:.- ....-r-~ (:;~f~ '::~ \,;>- :n .< AMY E. WOOLF Defendant. : CIVIL ACTION - LA W : IN CUSTODY -0 ::!: AND COMES NOW, SCOTT A. WOOLF, by and through his attorney, Timothy 1. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Scott A. Woolf, an adult individual who currently resides at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy E. Woolf, who currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Jason N. Woolf, born on October 30, 2001, and Ryan C. Woolf, born on December 30, 2003. The children were not born out of wedlock. The children are presently in the shared physical custody of Plaintiff and Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. August 2006 to Present 10 Tumeric Drive Father Mechanicsburg, P A 17055 215 Fox Grove Place Mother Hummelstown, P A 17036 B. November 2005 to 147 Peregrine Lane Father August 2006 Hummelstown, P A 17036 215 Fox Grove Place Mother Hummelstown, P A 17036 C. Birth 215 Fox Grove Place Father and Mother November 2005 Hummelstown, P A 17036 The father of the children is Scott A. Woolf, currently residing at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania.. The mother of the children is Amy E. Woolf, currently residing at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania. 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. 7. Plaintiff has participated as a party in other litigation concerning the custody of the children in another court. On April 5, 2006, an Order was entered at Docket number 2005 CV 4662 DC in Dauphin County, Pennsylvania pursuant to a Stipulation for Custody executed by the parties on March 23, 2006. A copy of said Order and Stipulation are attached hereto, incorporated herein, and marked as Exhibit "A." Defendant, Amy Woolf, filed a Petition for Modification of Custody on or about July 31, 2006 requesting primary physical custody of the minor children. Following a conciliation conference held on August 28, 2006, the matter was to be scheduled for trial before visiting Senior Judge Ward Clark. Upon Motion by Ms. Woolf s counsel, the matter was continued generally by Order dated December 9, 2006, a copy of which is attached hereto, incorporated herein, and marked as Exhibit "B." 8. It is believed and therefore averred that this matter is more appropriately heard in Cumberland County as Mother is a Harrisburg City police officer and Father is a Dauphin County Probation Officer and, as a result, all Dauphin County judges have recused themselves in this matter. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and primary physical custody of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffs respectfully request This Honorable Court to award him shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: TimOth~ ID # 77944 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: =' -;;J 7-1J:r SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY VERIFICA TION I 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 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 2( ~l/c> -, ?1ra ~~ Scott A. Woolf Plaintiff ...;VyA,GED AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY v. SCOTT A. WOOLF, Defendant ORDER OF COURT AND NOW, this .5t~ day of ~,e I~ . ,2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: , K9;&~/?~ . J. APRO 6 2006 I hweby Cil1Ky Vlat 111 f~ ,is a true lMioorlld~' "-"IlMI ~. .' \(.- , .. t\ v ~ ,L' il~ . l. l_ " ~ - . r: .. EXHIBIT l .. l A .r j lD r t~-. ( .f"". Plaintiff : IN THE COURT OF COMMON PLEAS , : DAUPHIN COUNTY, PENNSYLVANIA AMYE. WOOLF, v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODYNISITATION STIPULATION AND NOW, this.),)dday of ....>>1Il/U.J.... ,2006, the Plaintiff, Amy E. Woolf (hereinafter ''Mother''), and the Defendant, Scott A. Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5:40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis:, New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving. Mother will have custody of the children on Easter 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined as commencing at 9:00 a.m. and ending at 5 :00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.). 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last . day of school before the recess and continue for four (4) overnights. The specific times Will be determined by the mutual agreement of the parties. . .1' ), , 7. Holidays will supercede the regular schedule. 8. The parties have the right to ten (10) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother' 5 Day, and Father shall have custody on Father's Day, commencing on the Friday prior to the holiday, and ending on the Monday morillng following the holiday. 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with , the children on,either child's birthday. ' 11. Until such time as she is unable or lUlwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) unintermpted non-consecutive one (l) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 14. Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. 15. The parties express their consent to the terms and conditions contained herein, and their understanding that tills document shall be submitted to the Dauphin County Court of. Common Pleas for entry as an Order of Court. Date Date iftfo1, Lj/r/o.e ~/1~/~ Date Scott A. Woolf Defendant ,( lS Ia 7kb' Date stip2 Plaintiff . IN THE COURT OF COMMON PL ~ DAUPHIN COUNTY, PENNSYLV f~iA ~ NO. 2005 cV 4662 DC ~ CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify thatoD April.!:i, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, fITst class, postage prepaid, addressed as folloWs: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. , 130 W. Church Street, Suite 100 Dillsbllrg,.P A 17019 17108 AMY E. WOOLF~ /' Plaintiff v. SCOTT A. WOOLF , Defendant 9 ; IN THE COURT OF COMJ\(ON P~AS ~ : DAUPlllN COUNTY, PENNSYL V~~ . ~ ~ ; NO. 2005 CV 4662 DC ~~ ~ ~(J ..-0 y~ -;So ~ ~ ...<.. "" : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT 14- AND NOW, this 'J day of attached Motion for Continuance, it is hereby 'Yc- ' 2006, upon consideration of 1he ORDERED that the trial scheduled for December 14, 2006 before the Honorable Ward F. Clark, Senior Judge, be cancelled, and the matter be continued generally. Date: (t2. / ? Y1t / DistributiQn: BY THE COURT, By: ~ SrJ' / / Timothy J. Colgan, Esq., The Wiley Group, 130 W. Church St., Suite 100, Dillsburg PA 17019 (717) 432-9666, tcolgan@wiJey4u.com John F. King, Esq., Friedman & King PC, PO Box 984, Harrisburg P A 17108, (717) 236-8000, friedmanandking@hotmail.com ' 2'd (lEe 152006 f he;-rhy c~rm"J that ~1e fQr~ulog ~s a :.awi coo8d(!,l::lnm ~ .. Ii ! I!' J ! EXHIBIT B '0 ..... .... ?J o-;n ~~~, -;e'"1"\CI 0- (l"'\ -:f..~L oo~ .-\~......, ~ .A.. Xl:J.:J i3r~35l:J1 dH Wd9~:~ 9002 BO oaa . - E:~nibit B FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 SCOTT A. WOOLF, Plaintiff v. AMYE. WOOLF, Defendant NOTICE TO SCOTT A. WOOLF: Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY P A 07-1116 CIVIL ACTION - LAW IN CUSTODY You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 3/ (.rJ (; ., FRIEDMAN & KING, P.C. SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(1) and (6) AND NOW COMES the Defendant, Amy E. Woolf, by and through her attorneys, Friedman & King, P.C., and preliminarily objects to the Complaint for Custody filed to the above term and number, averring as follows: 1. The Defendant in the above-captioned matter, Amy E. Woolf, currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 2. The Plaintiff in the above-captioned matter is Scott A. Woolf, who currently resides at 10 Turmeric Dr., Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On November 2,2005, Amy E. Woolf filed a Complaint under Section 3301(c) and Section 3301(d) of the Divorce Code, which Complaint also contained, as Count I, a Complaint for Custody, and said action was docketed at number 2005-CV-4662-DC in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Complaint is attached hereto as Exhibit A. 4. On the date of the commencement of the divorce and custody action in Dauphin County, Scott A. Woolf resided at 147 Peregrine Lane, Hummelstown, Dauphin County, Pennsylvania 17036. 5. The Honorable Bruce F. Bratton, Judge in the Court of Common Pleas of Dauphin County, Pennsylvania, issued a Custody Order dated December 21,2005, which Order was received in the Office of the Prothonotary of Dauphin County on December 28,2005, which Order did govern the custodial arrangement for the parties' minor children, Jason N. Woolf (DOB 10/30/01) and Ryan C. Woolf(DOB 12/30/03). A copy of said Order is attached hereto and marked Exhibit B. 6. On April 4, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania, which Petition did contain a stipulation executed by Amy E. Woolf and Scott A. Woolf. A copy of said Petition is attached hereto as Exhibit C. 7. On AprilS, 2006, the Honorable Bruce F. Bratton issued an Order of Court, which did order and decree that the terms, conditions and provisions of the aforementioned stipulation for custody executed by the parties and their counsel, were adopted as an Order of Court, as if set forth at length. A copy of said Order is attached hereto as Exhibit D. 8. On July 31, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Petition is attached hereto as Exhibit E. 9. On November 13,2006, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County, did order that the previously scheduled custody hearing date of November 22,2006, had been rescheduled for December 14,2006, before the Honorable Ward F. Clark, Senior Judge. A copy of Judge Lewis's Order is attached hereto as Exhibit F. 10. On December 9, 2006, the Honorable Ward F. Clark, Senior Judge, did issue an Order of Court, pursuant to the filing.of a Motion for Continuance by Amy E. Woolf, and did order that the trial scheduled for December 14, 2006, be cancelled and the matter be continued generally. A copy of the Order of Court and Motion for Continuance are attached collectively as Exhibit G. 11. On March 1, 2007, Amy E. Woolf did file a Motion for Hearing in the Court of Common Pleas of Dauphin County, Pennsylvania, attached as Exhibit H. 12. During the entire period of time covered in all of the referenced filings in Dauphin County, the Dauphin County Court of Common Pleas has been, and continues to be, the proper venue for any and all custody actions involving the parties' minor children. 13. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue for the determination of the custodial arrangement for the minor children at issue. 14. The aforementioned Petition for Modification of a Custody Order, filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County on July 31, 2006, is a pending prior action, and the filing by the Plaintiff in the above-captioned matter of a new custody complaint in Cumberland County is an attempt to initiate a new custody action despite the pendency of the prior custody action in Dauphin County. WHEREFORE, Defendant, Amy E. Woolf, prays that the above-captioned Complaint for Custody be dismissed. Respectfully submitted, Date: 3 (IV/OI I FRIEDMAN & KING, P.C. '\ / \ \ '\J- \., v Jo F. .ng, Esquire 600 . Second Street "- Penthouse Suite P. O. Box 984 Harrisburg, PAl 71 08 (717) 236-8000 JFK:ka SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Preliminary Objections; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /1(1 ~ W 2.Uxm Amy E. ~oOlf Dated: 3/ U-/ <' ., SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY P A v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 15,2007, I served a copy of the within Preliminary Objections, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church St., Suite 100 Dillsburg, PAl 7019 FRIEDMAN & KING, P.C. /" II ., ,. , " " ..' i /; ./ .-r~t /' ~o 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 2 ":? -J (1.0 '-fir .1 ::5-T' CiJ ';,:: ~. ~, ..- f'.,) c:;;J a:::> --i :J: ;p;oo ?:1 ~ ~fl :gS o' -\~? ....,.,.... ~t Q~ C) ~.-i :.e: ~ 0'" ~ :::J: (~? N \.t) " SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY AMENDED PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 AND NOW COMES the Defendant, Amy E. Woolf, by and through her attorneys, Friedman & King, P.C., and brings this Amended Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, averring as follows: 1. The Plaintiff, Scott A. Woolf, filed a Complaint for Custody in the Court of Common Pleas of Cumberland County on February 28,2007, and pursuant to said filing, an Order of Court was issued directing the parties and their respective counsel to appear before John 1. Mangan, Jr., Esq., the conciliator, on Friday, March 30,2007, at 2:00 p.m. Copies of said Complaint and Order are attached hereto and collectively marked Exhibit A. 2. Defendant, Amy E. Woolf, has filed Preliminary Objections based on both improper venue and pendency of a prior action. A copy of said Preliminary Objections, without the exhibits thereto, is attached hereto and marked Exhibit B. 3. The Defendant believes, and therefore avers, that a conciliation pursuant to the Cumberland County Court of Common Pleas filing of the Plaintiff is improper, until such time as the Preliminary Objections have been ruled upon. 4. In accordance with Cumberland County Local Rule 208.3(a)(2), Defendant avers that no Cumberland County Judge has ruled upon any other issue in the same or any related matter relative to the above-captioned action. . 5. In accordance with Cumberland County Local Rule 208.3(a)(9), concurrence of Timothy J. Colgan, Esq., counsel for Plaintiff, for the relief requested herein, was sought and denied. WHEREFORE, Defendant, Amy E. Woolf, prays this Honorable Court to order that the conciliation scheduled before John 1. Mangan, Jr., Esq. on Friday, March 30,2007 at 2:00 p.m. be cancelled. Respectfully submitted, Date: 3/1 <t /0 7 , I ~- JFK:ka . SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA v. 07-1116 CIVIL ACTION - LAW AMYE. WOOLF, Defendant IN CUSTODY VERIFICATION I, John F. King, Esq., hereby acknowledge that I am the counsel for the Defendant in the foregoing action; that I have read the foregoing Amended Petition for Special Relief; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. My client is temporarily out of the jurisdiction and unavailable to sign Dated: 3/ \ ~ ( 0 J /II' SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. ,WOOLF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 19,2007, I served a copy of the within Amended Petition for Special Relief, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church S1., Suite 100 Dillsburg, PAl 70 19 FRIE MAN~K~~~ P.C. 1< 1 -- \J\ '~-' , } i J~h4 F. King, Esquire 629 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PAl 71 08 (717) 236-8000 . .. ~hibi+ A , 1 ',. ." . ,. SCOTT A. WOOLF PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 07-1116 CIVIL ACTION LAW AMY E. WOOLF DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 07,2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 30, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl fohn /. Mangan, fr., Esq. Custody Conciliator pW -' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before tlw court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM RECORD tn Testimony whereof, I here unto set my bend and 1fle _I of said Court at Carlisle, Pa. This ....f....,~...... day of...~~...., ~l "..,...~_....jt:.:;..~~.~ Ptulhv...",~ MAR 0 5 2007 ,. Ys. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. D"1-Jl/lc. (!Iu~l '--r~ : CIVIL ACTION - LAW : IN CUSTODY SCOTT A. WOOLF Plaintiff, AMY E. WOOLF Defendant. ORDER OF COURT AND NOW THIS _ day of ,2007, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2007, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court,' and to enter into a temporary order. All children age five (5) 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. BY THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ._..r',-"'~-_~'--,_~___'_''''''''~~ _"__...-'_~_H"__~"'^,<~__""",,",,,,,,~",,,,,",,~,,,,,,,,,-~,,,,",:,,"~_'_~_'_'~"""'"'~,._...",..",....,."..,-_.....,.~..,.,-..._"_._~~,.~:="","' ,",-.~,.,~...."..,.:".""~"""~'~'~""--'-_7-,' ..-.. -~'...." """-.."-...F-......",,-...,,..,.,..~-""-."~-:----""_._..~ .,.~.- -.C'.,. '"'''.'L..,.,.....,.~..,.."..'.,-_,_,......~_.,,~~.''...".__~'~'_._~_~_^__. -- ,. . SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. () f~; <;~ '" c:::.> c::::; --.I -r1 rr'i c;.o r<) co AMY E. WOOLF Defendant. : CIVIL ACTION - LA W : IN CUSTODY -0 =!:: o -n --I ff,~ -0 rfl ~:~~ ~; :~: -~~'1 ~~r~ --I "'1~ :n -< COMPLAINT FOR CUSTODY (..J ("..,) .1'--" AND COMES NOW, SCOTT A. WOOLF, by and through his attorney, Timothy 1. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Scott A. Woolf, an adult individual who currently resides at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy E. Woolf, who currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Jason N. Woolf, born on October 30, 2001, and Ryan C. Woolf, born on December 30, 2003. The children were not born out of wedlock. The children are presently in the shared physical custody of Plaintiff and Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. August 2006 to Present 10 Tumeric Drive Father Mechanicsburg, P A 17055 215 Fox Grove Place Mother Hummelstown, P A 17036 ; .. B. November 2005 to 147 Peregrine Lane Father August 2006 Hummelstown, P A 17036 215 Fox Grove Place Mother Hummelstown, PA 17036 C. Birth 215 Fox Grove Place Father and Mother November 2005 Hummelstown, P A 17036 The father of the children is Scott A. Woolf, currently residing at 10 Turmeric Drive, Mechanicsburg, Cumberland County, Pennsylvania.. The mother of the children is Amy E. Woolf, currently residing at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania. 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. 7. Plaintiff has participated as a party in other litigation concerning the custody of the children in another court. On AprilS, 2006, an Order was entered at Docket number 2005 CV 4662 DC in Dauphin County, Pennsylvania pursuant to a Stipulation for Custody executed by the parties on March 23,2006. A copy of said Order and Stipulation are attached hereto, incorporated herein, and marked as Exhibit "A." Defendant, Amy Woolf, filed a Petition for Modification of Custody on or about July 31, 2006 requesting primary physical custody of the minor children. Following a conciliation conference held on August 28, 2006, the matter was to be scheduled for trial before visiting Senior Judge Ward Clark. Upon Motion by Ms. Woolf s counsel, the matter was continued generally by Order dated December 9,2006, a copy of which is attached hereto, incorporated herein, and marked as Exhibit "B." , 8. It is believed and therefore averred that this matter is more appropriately heard in Cumberland County as Mother is a Harrisburg City police officer and Father is a Dauphin County Probation Officer and, as a result, all Dauphin County judges have recused themselves in this matter. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and primary physical custody of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffs respectfully request This Honorable Court to award him shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: ~ TimOth~ 1. COlga'n,qmre ill # 77944 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: ~ -;J 7-1)?- ,. SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : No. AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY VERIFICA TION I 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 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: ~( Vl/O -, sc~~ ~/ Plaintiff . .' .- ;, .if AMY E. WOOLF, Plaintiff v. SCOTT A. WOOLF, Defendant r\,J~ A. ~;~~ ~~:: r~i'1:; ., .,!! <\ ~~..~ """'~ (j,:,*# : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CML ACTION - LAW : CUSTODY ORDER OF COURT ~~/~ 5t<- AND NOW, this day of , , 2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. ll~ (I · lii 1 ",- 1 ~ ii BY THE COURT: , ~&udLl?~ , , . J. APRO 6 2006 I hweby Ciltify Vlat M1I fOJ18Qlaa ,Is a true liiicorft(i tIJfJ1' "-"IlMI fIIi. I ~~4-. _ f....:\ ... :-1 , ,'"l'- _ .,-,v' li~ .. EXHIBIT A _, ,,,,~,,-,;__,,,,~,,,,,:,,,,"~,,,,,,,,,,,",,,k~.y_.__-:--.~"'~_'_''^'~''''''''''',,,,~,..,~,~,,.~.,.'C,.~e.-,-,:~~,~,,,"~~,~,,,,,,,,,,,,,,,,,,,,:~":"";.,.,.,,,,.._~~~~-=.."'-"....--,,- ~~'~~'-:-""".-~'~-~:""~'-:'--"'--'-~.~"'""';C--:'i'...""c"""'''''''''''~''''~'---'~'''-'''""""-",,,,--~--,'-~-'---'-"-~--"-- .:"......- r.~ i I') ... ' .f!'. .. ,.) . ... ) Plaintiff : IN THE COURT OF COMMON PLEAS , : DAUPHIN COUNTY, PENNSYLVANIA AMY l3. WOOLF, v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CIVIL ACTION - LAW, , : DIVORCE/CUSTODYNISITATION STIPULATION AND NOW, this.).)tzfdayof -111d./lA' ~ ,2006, the Plaintiff, Amy E. Woolf (hereinafter "Mother"), and the Defendant, s.cott A. Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5 :40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. I. : . .; ii) Father 'will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutualiy agreed upon With due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis:, New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving. Mother will have custody of the children on Easter 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined as commencing at 9:00 a.m. and ending at 5 :00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.). 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last . day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties. >""-'_:C~~~<"'C'="'~:<~."-~""""''::_~':'''~--C~~_'C'7~~~,.,..--c"",~__...~~--.-,.,.",..." .,.. J' )r . 7. Holidays will supercede the regular schedule. ' 8. The parties have the right to ten (l0) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day, commencing on the Friday prior to th.e holiday, and ending on the Monday moming following the holiday. 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on. either child's birthday. ' " 11. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) unintermpted non-consecutive one (1) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving, notice of a particular week shall be entitled to custody during that week. 14. Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. _"~"""~."~,......'~~"c7:-,._'--__"";'r~~___'--~A.'""_ :~-~_"_''''~~'-''~''-:'''-'-'"'''':'''''.''''''''''''''''''_''-''''"''~".,..,.,^^''-C''--.'c"'--:'_-:::'<:""""--:"".,...,..,-_Yc:...__:~_""'.7'!"~,-"r""~"".,,-.,,,"'?,~~.""""""'"<,,,,,,,,~,,",~._..,.,,,,,~..,.~-,,,,,,,..,,,,,....__"~~~_____",~-.---c,..,,....,....,.,,.~-_~___";"""""___"~.-"-_..'~"--- . )to ~ 15. The parties exp~ess their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Dauphin County Court of Common Pleas for entry as an Order of Court. ((1 iO~76L( Amy. oIf Plainti f"f' ~-~'-"'_ .., 1l' , \ \L0X J~lin F. King, Esquit~.~ At40m or Plaintiff Date Date Lftf(J(, 'i/rlo~ 311~/or... Date Scott A. Woolf , Defendant ,I' LS Ia 7~b' Date stip2 ~.-_~"-r_-",""",~C"',-~~-.""""".""",,,,-_,C"""'_~~~____~_'~_~'_'___,_,~--~--:"""~::-'-""-:--_._"""'-:'-'-----:-_:=:'.,...",';7'~_:;"":'.'~_"":~_'''''''''_'_~~"":':""'7'-~~~~~~~~7"~""""C"""-~'--':~":_"""":___=~'~'",,,","-V",,'~~":,,-,,_~~",,,:"'":~"._'~:'"""":~~~'":'":""_----""''''T~'''~''''''''''~'~-:''_,",,~,.-C_''''''''''_'''''''''''''~'_''''~""""'7'...".~---=~-.,...,.,..-:-"----.,..",,~:~_ I . ~ t" ., )a') ,..... · Plaintiff . IN THE COVRT OF COMMON PL ~ DAUpHIN COUNTY, PENNSYLVfMA ~ NO., 2005 cV 4662 DC ~ CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify tbaton April.!L, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, fist class, postage prepaid; addressed as folloWS: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. , 130 W. Church Street, Suite 100 DilIsburg"PA 17019 17108 .'V'" ~-~, ." e.::,,"~~_'.:-,,~"~~_~'~_>' "'''.,.., .,.......,.T~~-...,~";_'<..~".._~.,_,..",..-_~._,,,.,,_~_.,.....""'.C"_,,... ,_...,.,.."....,-""..~_ ~.~ _ "'--"-C""'--'-:--""'-~_~~'-""'-":"'~"'''?'''''';-'~~~,;",:~....,.=~~_,..,.".~",",,_~'_~~''''''''"","",~._,~..,.....,....,..,..,.."",.~~.~..,.-,=~",..,,.~~~~......,=~____.___~_,,_~.~__"____'~~'~'_~_~~_'___~__~.__ . JIo .;. . ,. AMY E. WOOLF, /- Plaintiff ~ ~ IN THE COURT OF COrvIMON PIJeAS ~ : DAUPHlN COUNTY7 PENNSYL V~~ . ~ ~ : NO. 2005 CV 4662 DC --o~ ~ ~~ ~0 ~ V'@. -:$. ~. ~ ...<: (;;J v. SCOTT A. WOOLF , Defendant : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this r ~y of <f) , 2006, upon consideration of the attached Motion for Continuance, it is hereby ~ ORDERED that the trial scheduled for December 14, 2006 before the Honorable Ward F. Clark, Senior Judge, be cancelled, and the matter be continued generally. BY THE COURT, Date: (' t2~ / ~ 50, (/ '! 2nt / By: DistributiQn: Timothy J. Colgan, Esq., The Wiley Group, 130 W. Church St., Suite 100, Dillsburg PA 11019 (717) 432-9666, tcolgan@wiJey4u.com John F. King, Esq., Friedman & King PC, PO Box 984, Harrisburg P A 17108, (717) 236-8000, friedmanandking@hotmail.com ' (lEe 152006 I he:thy Cf}rtify tbat 1he fcr~uiog is a ::.w.9 ;;~ ~~;::i~ ~otary ~ i I!' f .I III EXHIBIT B 2-d XI:L:I .l3r~3SI:rl dH Wd9v:v 9002 aD ~aa . ~"---'~.-"""'"?,,,",,':---'~-~--:-,~"-'~.-<""''':''~':''~'''"'.;'-:'"''''''':~;"~~-~'C-'':''"~~c~~'.~,~--;;",:-"~~~_.~=~:".,.,-=.- -'-:o::~~""""~~~",-",,,,,,,-,,_,,:_~~..,.,...:......~._~.:_,,,.,,.,,,...,...,~~.",,,, ....,_~,____._,_____>< .,.___,__~_..__._,___ 1) .-0 60~ lr<(\, . -..-,"\("? :.:G-rti 00- ::t:-rnL. <3o~ y-n ~ . ;. .. E.~h\bit ~ ~, ... \ FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 SCOTT A. WOOLF, Plaintiff v. AMY E. WOOLF, Defendant NOTICE TO SCOTT A. WOOLF: Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY P A 07-1116 CIVIL ACTION - LAW IN CUSTODY You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 3/lr/ () -, FRIEDMAN & KING, P.C. L , SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(1) and (6) AND NOW COMES the Defendant, Amy E. Woolf, by and through her attorneys, Friedman & King, P.C., and preliminarily objects to the Complaint for Custody filed to the above term and number, averring as follows: 1. The Defendant in the above-captioned matter, Amy E. Woolf, currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 2. The Plaintiff in the above-captioned matter is Scott A. Woolf, who currently resides at 10 Turmeric Dr., Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On November 2,2005, Amy E. Woolf filed a Complaint under Section 3301(c) and Section 3301(d) of the Divorce Code, which Complaint also contained, as Count I, a Complaint for Custody, and said action was docketed at number 2005-CV -4662-DC in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Complaint is attached hereto as Exhibit A. 4. On the date of the commencement of the divorce and custody action in Dauphin County, Scott A. Woolf resided at 147 Peregrine Lane, Hummelstown, Dauphin County, Pennsylvania 17036. 5. The Honorable Bruce F. Bratton, Judge in the Court of Common Pleas of Dauphin County, Pennsylvania, issued a Custody Order dated December 21,2005, which Order was , . -. received in the Office of the Prothonotary of Dauphin County on December 28, 200S, which Order did govern the custodial arrangement for the parties' minor children, Jason N. Woolf (DOB 10/30101) and Ryan C. W601f(DOB 12/30/03). A copy of said Order is attached hereto and marked Exhibit B. 6. On April 4, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania, which Petition did contain a stipulation executed by Amy E. Woolf and Scott A. Woolf. A copy of said Petition is attached hereto as Exhibit C. 7. On AprilS, 2006, the Honorable Bruce F. Bratton issued an Order of Court, which did order and decree that the terms, conditions and provisions of the aforementioned stipulation for custody executed by the parties and their counsel, were adopted as an Order of Court, as if set forth at length. A copy of said Order is attached hereto as Exhibit D. 8. On July 31, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Petition is attached hereto as Exhibit E. 9. On November 13,2006, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County, did order that the previously scheduled custody hearing date of November 22,2006, had been rescheduled for December 14,2006, before the Honorable Ward F. Clark, Senior Judge. A copy of Judge Lewis's Order is attached hereto as Exhibit F. 10. On December 9, 2006, the Honorable Ward F. Clark, Senior Judge, did issue an Order of Court, pursuant to.the filing ,of a Motion for Continuance by Amy E. Woolf, and did order that the trial scheduled for December 14, 2006, be cancelled and the matter be continued . .. .. generally. A copy of the Order of Court and Motion for Continuance are attached collectively as Exhibit G. 11. On March 1, 2007, Amy E. Woolf did file a Motion for Hearing in the Court of Common Pleas of Dauphin County, Pennsylvania, attached as Exhibit H. 12. During the entire period of time covered in all of the referenced filings in Dauphin County, the Dauphin County Court of Common Pleas has been, and continues to be, the proper venue for any and all custody actions involving the parties' minor children. 13. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue for the determination of the custodial arrangement for the minor children at issue. 14. The aforementioned Petition for Modification of a Custody Order, filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County on July 31, 2006, is a pending prior action, and the filing by the Plaintiff in the above-captioned matter of a new custody complaint in Cumberland County is an attempt to initiate a new custody action despite the pendency of the prior custody action in Dauphin County. WHEREFORE, Defendant, Amy E. Woolf, prays that the above-captioned Complaint for Custody be dismissed. Respectfully submitted, Date: 3!IVltl/ , I I FRIED i'\ I I \ \ \" /...- . Jo1njF. 'ng, Esquire 61.<29/N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 JFK:ka ~ .. " SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Preliminary Objections; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Qw~ Amy E. oolf Dated: 3 kIt 0 ., . .. i SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 15,2007, I served a copy of the within Preliminary Objections, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church St., Suite 100 Dillsburg, P A 17019 FRIEDMAN & KING, P.C. /' / /1 / ) ( Jl.l ~// -i>K:L ~o F. King, Esquire '6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ~ ('.;:;;;> <::::l --.I :x. :u:- :;;0 r-..> o ~ - ~ ~ n1 :!J -0 hi ?P'X ~~ ,:> I=B 90 ;~ I'll ::-.:.j ~ '-;9 (n N ~ FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Defendant SCOTT A. WOOLF, Plaintiff v. AMY E. WOOLF, Defendant NOTICE TO SCOTT A. WOOLF: IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA 07-1116 CIVIL ACTION - LAW IN CUSTODY You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 3/ W! 0 ( FRIEDMAN & KING, P.c. ~ SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY P A v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(1) and (6) AND NOW COMES the Defendant, Amy E. Woolf, by and through her attorneys, Friedman & King, P.C.. and preliminarily objects to the Complaint for Custody filed to the above term and number. averring as follows: 1. The Defendant in the above-captioned matter, Amy E. Woolf, currently resides at 215 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 2. The Plaintiff in the above-captioned matter is Scott A. Woolf, who currently resides at 10 Turmeric Dr.. Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On November 2,2005, Amy E. Woolf filed a Complaint under Section 3301(c) and Section 3301(d) of the Divorce Code, which Complaint also contained, as Count I, a Complaint for Custody, and said action was docketed at number 2005-CV-4662-DC in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Complaint is attached hereto as Exhibit A. 4. On the date of the commencement of the divorce and custody action in Dauphin County, Scott A. Woolf resided at 147 Peregrine Lane, Hummelstown, Dauphin County, Pennsylvania 17036. 5. The Honorable Bruce F. Bratton, Judge in the Court of Common Pleas of Dauphin County. Pennsylvania, issued a Custody Order dated December 21,2005, which Order was "' received in the Office of the Prothonotary of Dauphin County on December 28,2005, which Order did govern the custodial arrangement for the parties' minor children, Jason N. Woolf (DOB 10/30/01) and Ryan C. Woolf(DOB 12/30/03). A copy of said Order is attached hereto and marked Exhibit B. 6. On April 4, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania, which Petition did contain a stipulation executed by Amy E. Woolf and Scott A. Woolf. A copy of said Petition is attached hereto as Exhibit C. 7. On April 5, 2006, the Honorable Bruce F. Bratton issued an Order of Court, which did order and decree that the terms, conditions and provisions of the aforementioned stipulation for custody executed by the parties and their counsel, were adopted as an Order of Court, as if set forth at length. A copy of said Order is attached hereto as Exhibit D. 8. On July 31, 2006, a Petition for Modification of a Custody Order was filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County, Pennsylvania. A copy of said Petition is attached hereto as Exhibit E. 9. On November 13, 2006, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County, did order that the previously scheduled custody hearing date of November 22, 2006, had been rescheduled for December 14, 2006, before the Honorable Ward F. Clark, Senior Judge. A copy of Judge Lewis's Order is attached hereto as Exhibit F. 10. On December 9,2006, the Honorable Ward F. Clark, Senior Judge, did issue an Order of Court, pursuant to the filing of a Motion for Continuance by Amy E. Woolf, and did order that the trial scheduled for December 14, 2006, be cancelled and the matter be continued generally. A copy of the Order of Court and Motion for Continuance are attached collectively as Exhibit G. 11. On March 1, 2007, Amy E. Woolf did file a Motion for Hearing in the Court of Common Pleas of Dauphin County, Pennsylvania, attached as Exhibit H. 12. During the entire period oftime covered in all of the referenced filings in Dauphin County, the Dauphin County Court of Common Pleas has been, and continues to be, the proper venue for any and all custody actions involving the parties' minor children. 13. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue for the determination of the custodial arrangement for the minor children at issue. 14. The aforementioned Petition for Modification of a Custody Order, filed by Amy E. Woolf in the Court of Common Pleas of Dauphin County on July 31, 2006, is a pending prior action, and the filing by the Plaintiff in the above-captioned matter of a new custody complaint in Cumberland County is an attempt to initiate a new custody action despite the pendency of the prior custody action in Dauphin County. WHEREFORE, Defendant, Amy E. Woolf, prays that the above-captioned Complaint for Custody be dismissed. Respectfully submitted, Date: 3 (IVjnr r \ \. '-' Jo F. ing, Esquire .00 . Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 JFK:ka , SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Preliminary Objections; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~4 Amy E. oolf Dated: 3/1 r/o -, SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 15,2007, I served a copy of the within Preliminary Objections, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church St., Suite 100 Dillsburg, PA 17019 FRIEDMAN & KING, P.c. "'-' 'l/ r I.! t .', ./ +-)K" 1 . ~o F. King, Esquire 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 EXh;b; f- A , AMYE. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA ~ NO. ~()()5 c..V 4Coto~ Dc.. Plaintiff v. SCOTT A. WOOLF, Defendant : CIVIL ACTION - LA W : DIVORCE/CUSTODYMSITATION COMPLAINT UNDER SECTION 3301(c) AND SECTION 33'Ol(d) OF THE DIVORCE CODE 1. Plaintiff is Amy E. Woolf, who currently resides at, 215 Fox Grove Place, Hummelstown, Dauphin County, PA 17036 since January, 2001. 2. Defendant is Scott A. Woolf, who currently resides at 147 Peregrine Lane, Hummelstown, Dauphin County, PA 17036 since November 1,2005. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 31, 1998, in Marlboro, New Jersey. 5. Plaintiff avers that there are two children of the parties under the age of eighteen (18), namely: Jason N. Woolf, born October 30, 2001, and Ryan C. Woolf, born December 30, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. r-:> ~ ~ -- ~ \ tv c:: ...-,. r c: -0_, -" {"ti =~ -fIi' ....". ~ ;e:.- .;:: 'c> , ,.,.... -0 :s. r3 .' .....---. .-.t~ -0 ;::J 0 -.C 0, -n r;. .-..-, , . .;~: ::: f:: :.C?,"'.. r~ ,~,;_ '._1c'D. ~'? .....i1 (_? -.( - 0) 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on August 1,2005. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT I - CUSTODY 11. The averments contained in paragraphs 1 through 10 above are incorporated herein by reference as though more fully set forth. 12. The Plaintiff is Amy E. Woolf, residing at 215 Fox Grove Place, Hummelstown, Dauphin County, P A, 17036 13. The Defendant is Scott A. Woolf, currently residing at 147 Peregrine Lane, Hummelstown, Dauphin County, P A, 17036. 14. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE 4 1 Jason N. Woolf RyanC. Woolf 215 Fox Grove Place, Hummelstown 17036 215 Fox Grove Place, Hummelstown 17036 The children were not born out of wedlock. The children are presently in the custody of the Plaintiff, who resides at 215 Fox Grove Place, Hummelstown P A 17036. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME Amy & Scott Woolf RESIDENCE 215 Fox Grove Place, Hummelstown DATE birth - 11/1/2005 11/1/2005 & Amy Woolf 215 Fox Grove Place, Hummelstown ongoing The mother of the children is Plaintiff, Amy E. Woolf, currently residing at 215 Fox Grove Place, Hummelstown P A 17036. She is married to the Defendant. The father of the children is Defendant, Scott A. Woolf, currently residing at 147 Peregrine Lane, Hummelstown P A 17036. He is married to the Plaintiff. 15. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jason N. and Ryan C. Woolf Sons 16. The relationship of the Defendant to the children is that of Father. The Defendant currently resides alone. 17. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because: the Plaintiff/Mother has been the primary care giver for both of the children since the date of their birth. 19. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant an order of custody of the children. Respectfully submitted, Date: II I~I or . King, Esqulf 00 N. Second Street enthouse Suite P. O. Box 984 Harrisburg, P A 17 (717) 236-8000 .-'" JFK/ka VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce and Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: II (2 05 Qct~ Amy E. Woolf -- ---------- \ (:>,- k\ b', + 13 IN THE COURT OF COMMON PLEAS DAUPHIN, PENNSYLVANIA Plaintiff .,. .,. * No. 2005 CV 4662 DC AMY E. WOOLF, vs. CIVIL ACTION - LAW ..-:> '~ i:.f" CJ r:l ',.:; ,,) G:J "-',-- ....--- .,. ,.,"() -<J * SCOTT A. WOOLF, Defendant * * CUSTODY -c:- ..-0 -r' _t.,.. ORDER OF COURT _''- AND NOW, this:2JSf day of ~W, 2005, thePlaintifl: AmyE. Woo~ (".) .. c.,.) r..J r" ...,..,.~.... (hereinafter "Mother"), and the Defendant, Scott A Woolf(hereinafter ''Father''), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. WooIt: born on October 30,2001, and Ryan C. Woolf. born on December 30,2003, it is hereby ORDERED AND DECREED as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5:40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The schedule will commence with Mother exercising custody for Thanksgiving 2005. The Thanksgiving Holiday shall begin on the Wednesday preceding the holiday and end on the Sunday following the holiday. The specific times will be determined by the mutual agreement of the parties. The specific dates and times for all other holidays shall likewise be determined by the mutual agreement of the parties. 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties. 7. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on either child's birthday. 8. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 9. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 10. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one (1) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 11. . Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. "', '~~f\~1~ \\\1 (P' 0> Cfi )~, f 1Jl~o:,,;: ',\'\1"'\\ n (;',,'" "'" ~\p.V,.I '" ,_ ~~ that \lla for~ .. 1M contCi t04't ... BY THE COURT: b.;BruU f "6r~fflh ,1. DISTRIBUTION: John F. King. Esq. Bradley A. Wmnick, Esq. 600 N. 2nd Street, 5th Floor, P.O. Box 984, Harrisburg, PA 17108 130 W. Church Street, Dillsburg. P A 17019 [xJub;+- C ~p~ FRIEDMAN & KING, P.C. John F. King, Esquire ID#61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 'ifli'l( · PD I ' l;:r ,- fI '.\ ... Prl,l" 12', 08 '~-,.'- . '., i'"i t i "'f " ~ Pt.\..\\~OO . , j' Attorney for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Amy E. Woolf, Plaintiff in the above-captioned action, and Mother of the minor children, with a current address of 215 Fox Grove Place, Hummelstown, PA 17036. 2. The Respondent is Scott A. Woolf, Defendant in the above-captioned action, and Father of the minor children, with a current address of 147 Peregrine Lane, Hummelstown, PA 17036. 3. The Petition of Amy E. Woolf respectfully represents that on the 21st day of December, 2005, an Order of Court was entered for the custody and visitation of the subject minor children, Jason N. Woolf (dob 10/30/01) and Ryan C. Woolf (dob 12/30/03), a true and correct copy of which is attached hereto and marked as Exhibit "A" . 4. The Respondent is represented by Bradley A. Winnick, Esquire. 5. This Order should be modified because the Petitioner and Respondent have reached an agreement to change the existing Order of Court, dated December 21, 2005, and have executed a Stipulation, a true and correct copy of which is attached hereto and marked as Exhibit "B" . WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation. Respectfully submitted, ,,~- DMAN'& KING, ~ C. Date:ilp ~ l.f; ;)-<<10 J Ifn F. King, Esquire 00 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 2.LAJtd . Woolf Dated: O-fvJy/~ ,.,1 EXHIBIT: A ;".- IN THE COURT OF COMMON PLEAS DAUPHIN, PENNSYLVANIA AMY E. WOOLF, * * No. 2005 CV 4662 DC Plaintiff * VS. * CIVD.., ACTION - LAW o ?: c." -- SCO'IT A. WOOLF, Defendant * * * -o:~' r:'\ :: ~~.Ad ~}~~- CUSTODY ORDER OF COURT ...... . . ..t.. AND NOW, this :lIsT day of '~W. 2005, the Plainti:ii: Arily E. Woolf (hereinafter "Mother"), and the Defendant, Scott A Woolf (hereinafter ''Father''), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolt: born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby ORDERED AND DECREED as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to,the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5:40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. ......, .~ ~ c:::> (",\ c;> ;V cP -0 _,f"" -'~ .-'1"': .......1 c...' .' c.,.) ~ ~v -( ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation iti" a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The schedule will commence with Mother exercising custody for Thanksgiving 2005. The Thanksgiving Holiday shall begin on the Wednesday preceding the holiday and end on the Sunday following the holiday. The specific times will be determined by the mutual agreement of the parties. The specific dates and times for all other holidays shall likewise be determined by the mutual agreement of the parties. 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, .the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shcill commence on the last 'day of school before the recess and continue for , four (4) overnights. The specific times will be detennined by the mutual agreement of the parties. 7. The non-custodial parent shall be entitled to exercise two (2) ho~s of custody with the children on either child's birthday. 8. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 9. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall.spend the time with that parent rather than a day care provider, including Father's mother. 10. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one --------.--- ...-- (1) week periods of custody during the summer. Notice of the intended week shall be provid.ed to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 11. Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. -t;, J ." ~ .~~ ~EC~~) ~ijU, _ fhtAbYcrifY t\it tM for~ __comG~ . .. BY THE COURT: f5 {6ruU f "B r/Nfflh , J. DISTRIBUTION: John F. King, Esq. Bradley A Wmnick, Esq. 600 N. 2nd Street, 5th Floor, P.O. Box 984, Harrisburg. PA 17108 130 W. Church Street, Dillsburg, PA 17019 \ \ \ \ " , EXHIBIT: IJ I .k, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA AMY E. WOOLF, v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CML ACTION - LAW : DIVORCE/CUSTODY/VISITATION STIPULATION AND NOW, this):Yzfday of ~d/L;(~ ,2006, the Plaintiff, Amy E. Woolf (hereinafter "Mother"), and the Defendant, Scott A. Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5 :40 a,m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m, ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving. Mother will have custody of the children on Easter 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined as commencing at 9:00 a.m. and ending at 5 :00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.). 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last. day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties. 7. Holidays will supercede the regular schedule. 8. The parties have the right to ten (10) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day, commencing on the Friday prior to the holiday, and ending on the Monday morning following the holiday. 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on either child's birthday. 11. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one (1) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 14. Each party shall be entitled to reasonable telephone contact with the children, which shall not be excessive, when the child is in the custody of the other party. 15. The parties express their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Dauphin County Court of Common Pleas for entry as an Order of Court. ~a1 iDtt16Y Amy. olf P12,lal, ',ntifl" /~- ,i,,'~,' ._ r\} (. '~..0\' J~ F. King, Esquite" A om or Plaintiff ""-.., l(tf6~ Date ;J 'i /9Io~ Date Scott A. Woolf Defendant ! ls Ia. 7/0, Date stip2 AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LA W : CUSTODY v. SCOTT A. WOOLF, Defendant CERTIFICA TE OF SERVICE I, John F. King, Esquire, hereby certify that on April.!:L, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church Street, Suite 100 Dillsburg, PA 17019 KlNG, P.C. " \ ~ ~\ . . ng, Esquire . Second Street Pe ouse Suite P. . Box 984 Harrisburg, PA 17108 (717) 236-8000 E Xh;b ;t J) f ~ ----- AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LA W : CUSTODY v. SCOTT A. WOOLF, Defendant ORDER OF COURT 5t'-' AND NOW, this day of ~~/~ , 2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: & &dl/?~ . J. APR 062006 , henby certify hi .. folW*tG Is . true aM corm tI1fJ/' .. ...... ..., ~"J\ ' ()J~ ~,{}I (} i \. ---------- I F xh i b ; f E - ~ = = 0"'\ C- c:: r- ~"",) FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PAl 7108 Tel.: (717) 236-8000/Fax: (717) 236-8080 -u ..c- Attorney for Plaintiff N AMY E. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LA W : CUSTODY Plaintiff v. SCOTT A. WOOLF, Defendant PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Amy E. Woolf, Plaintiff in the above-captioned action, and Mother of the minor children, with a current address of215 Fox Grove Place, Hummelstown, PA 17036. 2. The Respondent is Scott A. Woolf, Defendant in the above-captioned action, and Father of the minor children, with a current new address of 10 Turmeric Dr., Mechanicsburg, Cumberland County, P A 17050. 3. The Petition of Amy E. Woolf respectfully represents that on the 5th day of April, 2006, an Order of Court was entered for the custody and visitation of the subject minor children, Jason N. Woolf (dob 10/30/01) and Ryan C. Woolf (dob 12/30/03), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. The Respondent was previously represented by Bradley A. Winnick, Esquire, but Respondent has advised Petitioner that he, Respondent, is in the process of retaining the services of new counsel. Petitioner is unaware at the present time of Respondent's new counsel. -...... '-' ;i) CJ 5. The best interests of the children will be served by modifying the existing Order because: A. The circumstances which previously enabled the parties to stipulate to the terms contained in the above-mentioned Order of AprilS, 2006 have changed, in that Respondent has relocated to Mechanicsburg, thereby making certain transfers of custody logistically difficult or impossible. B. The Petitioner/mother has been the primary caregiver of the children since birth, and is desirous of continuing in that role. C. The minor child, Jason Woolf, is in need of regular, ongoing medical care for an asthmatic condition, which Petitioner believes, and therefore avers, she is better able to provide. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation to grant Petitioner primary physical custody, with such periods of partial physical custody for visitation to Respondent, as this Honorable Court may order. Respectfully submitted, Date: 7~Sl166 Jo . King, Esquire 6 0 N. Second Street enthouse Suit~ P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 JFK:ka:petition.mod. 7.06 VERIFICATION I, Amy E. Woolf, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. AmyE. woo~ ~ W6b ~ Dated: 7/31/06 ( EXHIBIT A OF PETITION FOR MJDIFICATION OF . CUSTODY 'ORDER Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant ORDER OF COURT -< t<- rvI. AND NOW, this v day of ;ff1.e 1<- , 2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: & &uV.1!? ~ . J. APR 0 6 2006 I haflby crify bt till for1IgQirQ .is a true ... Cor.-t tIJf1f' III tIIltIIRII filii, '1' v' \ .,~ -,J." ' \..i~." , G)~i "Jj ll' ~ AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CIVIL ACTION - LA W : DIVORCE/CUSTODY NISIT A TION STIPULATION AND NOW, this)"Yzfday of ~d../L.(...h ,2006, the Plaintiff, Amy E. Woolf (hereinafter "Mother"), and the Defendant, Scott A, Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1. The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5:40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5:40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6;00 p.m. ii) Father will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On all Wednesday mornings, Father shall have custody of the children from approximately 5 :30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon with due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus, Day, Thanksgiving. Mother will have custody of the children on Easter 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined as commencing at 9:00 a.m. and ending at 5:00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.), 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last ' day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties, 7. Holidays will supercede the regular schedule. 8. The parties have the right to ten (10) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day, commencing on the Friday prior to the holiday, and ending on the Monday morning following the holiday. 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on either child's birthday. ' 11. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one (1) week periods of custody during the summer. Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto. The party first giving notice of a particular week shall be entitled to custody during that week. 14. Each party shall be entitled to reasonable telephone contact with the children, . which shall not be excessive, when the child is in the custody of the other party, 15. The parties express their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Dauphin County Court of Common Pleas for entry as an Order of Court. a1 'fO~4 Amy. olf Pl~ .,ntif _~:-\,,','" ,"., ,'-' J' ~ " \, /~/\ \/ J~ F, King, EsqUIre", J - A om or Plaintiff "'-- tftfot Date ,? <-j 1'1/0 {; Date ~/?~/ot.. Date Scott A. Woolf Defendant (, " lsla710b Date stip2 Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICA TE OF SERVICE I, John F. King, Esquire, hereby certify that on April!:i, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church Street, Suite 100 Dillsburg, PA 17019 17108 f >< ~; ~ r t F AMYE, WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2005 CV 4662 DC ;'~ ,.:.::.":"> =.Y" ., .~::J z c:> .,'c: (~);;:) '~f1 SCOTT A. WOOLF, Defendant : CIVIL ACTION - LAW : IN CUSTODY w ~ -'"--t"} 4.':~:. :""-'~) f~'!.~: -' o .. U1 .c- ORDER AND NOW, this 13th day of November, 2006, IT IS HEREBY ORDERED that the custody hearing date of November 22,2006 has been rescheduled for December 14,2006, beginning at 10:30 a.m. in Hearing Room - A on the second floor of the Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA before the Honorable Ward F. Clark, Senior Judge. BY THE COURT: Richard A, Lewis, Presi ent Judge Distribution: Honorable Ward F. Clark, S,J. John King, Esquire, 600 North 2nd St., Harrisburg, PA 17101 Susan Kadel, Esquire, P.O. Box 650, Hershey, PA 17033 Deborah Freeman, Esquire, Deputy Court Administrator-Civil Kmi 13_1 I hic~v Clrtity ttAit Ww fo~ Is a tAle aMi __ .. tJ8 ""'nal fil.. ~3+o1vv ~_ Dro:lltnatary /) 1M (C <Y E x/u' t,' f 6 -- .O AMY E. WOOLF~ / Plaintiff ~ IN THE COURT OF COMMON PLEAS : DAUPHIN COUNlY, PENNSYL VANIA v, , : NO. 200S CV 4662 DC SCOTT A. WOOLF ~ Defendant . . : CIVIL ACTION - LAW : CUSTODY iL AND NOW, this 'I day of attached Motion for Continuance, it is hereby Y<- ~ c g '0 J:". c;r. ::::0 c:::J (:) 0 :;:0 ~ -t-nrr, -u ::r.: ' :.1: ""Tl ("") r'T'\ - 0 c:; j"'I"", %. -z en % f"I1 <. :z: 0 ""0 ~ 0 1"'1 :po g ::s:; J> ""Tl 0 Z N :tJ .-J. .. -< -< en . , 2006, upon consideratioltbf the ORDER OF COURT ORDERED that the trial scheduled for December 14, 2006 before the Honorable Ward F, Clark, Senior Judge, be cancelled, and the matter be continued generally. BY THE COURT, Date: (t2 ? z-al / / By: lJCU .srJ' / / Distribution: Timothy J. Colgan, Esq., The Wiley Group, 130 W, Church St., Suite 100, Dillsburg PA 17019 (717) 432-9666, tcolgan@wiley4u.com John F, King, Esq., Friedman & King PC~ PO Box 984, Harrisburg P A 17108, (717) 236-8000, friedmanandking@hotmail.com DEe 152006 2'd X~~ i3L~3S~1 dH Wd9p:p 9002 80 oaa FRIEDMAN & KING, P .C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 CJ >- C \,- -o:r ~z Zr"'> )>c c: 7;?;_~ -1 -< ~ l;;:J l;;:J .;;:r.. o r"1 ("'"") I co Attorney for Plaintiff -0 ::J: W .. C) ..... AMY E. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPIllN COUNTY, PENNSYL VANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY Plaintiff v, SCOTT A, WOOLF, Defendant AMENDED MOTION FOR CONTINUANCE 1. The Moving Party is Amy E. Woolf, Plaintiff in the above-captioned action. 2. The Respondent is Scott A, Woolf, Defendant in the above-captioned action. 3. The parties are presently subject to the terms of an Order of Court dated AprilS, 2006, incorporating the parties' Stipulation of March 23,2006. 4. On August 1,2006, Movant filed a Petition for Modification of a Custody Order. 5. A conciliation conference was held on August 28,2006. 6, At said conciliation, it was determined that the question of modifying the existing Custody Order must proceed to trial. 7. After several reschedulings because of recusals, reappointments, and because of one scheduling conflict on the part of Defendant's former counsel, the matter was scheduled for trial on December 14,2006 commencing at 10:30 A.M. before the Honorable Ward F. Clark, Senior Judge, ?:, S,~ ~7~: ;~~: :r.:. ".'"'r1 C-, ::;; 'n c: (3 fT'1 4~ ~~?C ;;c -< 8, The parties have (subsequent to the aforementioned Conciliation and scheduling) attended a four-party conference with their respective counsel, Timothy Colgan, Esq. representing Defendant/Father, and John King, Esq. representing Plaintiff/Mother, and it is the parties current intention to continue abiding by the custodial arrangement as ordered by this Honorable Court in its Order dated April 5, 2006. 9. Movant anticipates changes in her circumstances and the childrens' circumstances over the next several months, including a possible job schedule change for Movant which will significantly alter her work schedule and the child care arrangements of the parties. 10. In addition to the parties' current intention to continue abiding by the custodial arrangement as ordered by this Honorable Court in its Order dated April 5, 2006, it is also their current intention to maintain a schedule of shared physical custody of the minor children. In furtherance of their intent to maintain a shared physical custody arrangement, the parties intend to continue their dialogue regarding the best interests of their children, and to negotiate a custodial arrangement which can be followed by agreement, or entered as an Order of Court by stipulation of the parties. 11. On the averments as contained herein, Movant believes it would be in the best interest of the children to continue generally the trial on Movant's Petition for Modification of a Custody Order. 12. The Respondent, by and through his legal counsel, concurs with the within Motion. 13. Movant originally filed the within Motion for Continuance on or about December 5, 2006. 14. Said originally filed Motion for Continuance was not entertained by this Honorable Court because of failure of Movant to follow Dauphin County Local Rule 205.2(a)(3) requiring a distribution legend on the proposed Order to include the name, mailing address, telephone number, and email address of all recipients. WHEREFORE, Movant requests this Honorable Court continue generally the trial on Movant's Petition for Modification of a Custody Order, until request by either party to reschedule said trial. Respectfully submitted, FRIEDMAN & KING, P.C. Date: 1/- /;L06 I JFK:ka:woolf.amy:pleadings:CONTINUE AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LA W : CUSTODY v. SCOTT A, WOOLF, Defendant CERTIFICATION I, John F, King, Esquire, certify that I have disclosed the full text of the within Motion for Continuance, and the proposed Order, to counsel for Defendant, Timothy 1. Colgan, Esquire, who concurs with the within Motion. Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on December 8,2006, I served a copy of the within Motion for Continuance on Defendant, by depositing same in the United States Mail, ftrst class, postage prepaid, addressed as follows: Timothy 1. Colgan, Esq. The Wiley Group 130 W. Church St. Suite 100 Dillsburg PA 17019 FRIEDMAN & KING, P.C. of. King, Esqui ON. Second Street ' Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ---- rJ ~\ b',t-' ~ (-, (- (~- \" , Pi' ' . 11,....,:; j il':f FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel. : (717) 236-8000/Fax: (717) 236-8080 e-mail: friedmanandking@hotmail.com 2nn7 l,q D "u, /'<\il -I PH 3: S9 /'l,'., . l) /-.'1 ;~... ; \' - ... ~ - ) :1, / (' \/ . ,) It I Attorney for Plaintiff (i_., 'i AMY E. WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY v. SCOTT A. WOOLF, Defendant MOTION FOR HEARING AND NOW comes the Moving Party, Plaintiff, Amy E. Woolf, who motions this Honorable Court as follows: 1. The Moving Party is Amy E. Woolf, Plaintiff in the above-captioned custody matter, and who is represented by John F. King, Esquire, Friedman & King, P.C. 2. The Responding Party is Scott A. Woolf, Defendant in the above-captioned custody matter, and who is represented by Timothy J. Colgan, Esquire, The Wiley Group. 3. On July 31,2006, the Moving Party filed a Petition for Modification of a Custody Order of April 5, 2006, entered by the Honorable Bruce F. Bratton. A copy of the Petition and current Order are attached hereto, and collectively marked as Exhibit "A". 4. On September 6,2006, the Honorable John F, Cherry ordered that a custody hearing being scheduled for November 29, 2006. A copy of the Order is attached hereto and marked as Exhibit fiB". 5. On or about September 14, 2006, the Respondent/Defendant, by and through his then legal counsel, Susan M, Kadel, Esquire, filed a Motion for Contmuance of Hearing. A copy of the Motion is attached hereto and marked as Exhibit "C". 6. On September 22, 2006, the Honorable John F. Cherry issued an Order that the custody hearing then scheduled for November 29, 2006 shall be continued, and the Honorable Judge further recused himself from the matter, and directed the Court Administrator t s office to re-assign the matter. A copy of the Order is attached hereto and marked as Exhibit "D". 7. On October 2, 2006, an Order was issued by the Honorable Joseph H. Kleinfelter scheduling a hearing for January 4, 2007 at 9:00 a.m. A copy of the Order is attached hereto and marked as Exhibit "E". 8. On October 23, 2006, an Order was issued by President Judge Richard A. Lewis scheduling a hearing for November 22,2006 before the Honorable Ward F. Clark, Senior Judge. A copy of the Order is attached hereto and marked as Exhibit "F". 9. On October 31,2006, an Order was issued by the Honorable Joseph H, Kleinfelter cancelling the hearing scheduled for January 4, 2007, and indicating that the matter will be re-assigned to a visiting judge. A copy of the Order is attached hereto and marked as Exhibit "G". 10. On November 13,2006, an Order was issued by President Judge Richard A, Lewis ordering that the custody hearing date of November 22, 2006 has been rescheduled for December 14, 2006 before the Honorable WardF. Clark, Senior Judge. A copy of the Order is attached hereto and marked as Exhibit "H". 11, On December 6, 2006, the Movant/Plaintiff filed a Motion for Continuance. A copy of the Motion for Continuance is attached hereto and marked as Exhibit "I", 12. On December 8, 2006, the Movant/Plaintiff filed an Amended Motion for Continuance, and further requested that the matter' be continued generally. "'A copy of the Amended Motion for Continuance is attached hereto and marked as Exhibit "J". 13, On December 9,2006, an Order was issued by the Honorable Ward F, Clark, Senior Judge cancelling the trial scheduled for December 14, 2006, and continuing the matter generally. A copy of the Order is attached hereto and marked as Exhibit "K". 14. Despite further communication between the parties and their legal counsel, the parties have been unable to resolve the matters raised in the Movant's original Petition for Modification. 15. The oldest child, Jason, will begin public school in the coming school year, and said child shall further (and more immediately) be required to undergo certain evaluations and testings in preparation for entry into public school. 16. It is necessary for the basic underlying question of primary custody to be determined by this Honorable Court, in that the parties live in separate counties and separate school districts, WHEREFORE, the Movant/Plaintiff, mother, Amy W. Woolf, respectfully requests this Honorable Court to reschedule the Petition for Modification, filed July 31, 2006, for trial at the earliest date available to the Honorable Court. Respectfully submitted, FRIEDMAN & KING, P.C. Date;=roo~ f 'J[J57 ) Jo 600 Pen ouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 EXHI~IT A OF MJrION FOR HEARING ( AMY E. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPIllN COUNTY, PENNSYL VANIA a N~ J> $$ c::- ~ ""'0 ""t1 ~ :'ZJ "l:7 .::t: Ci) 00 ~ ~~: , ::::!""rJ/"ry :e C-) - :::.~ "ry (""':l ,)::" a ;r (~rii c: :l c5 1""71'::;::- ::.r: ~ C'.) rr, -"/ - -,." -,... \::) _. .. :;t;:J' AND NOW, upon consideration of the attached Complaint, it is here~ d~ed -< that the parties and their respective counsel appear before ' 'If -S IL Li ' the Custody Conference Officer, at.:D. f'ff//V CtJ. y Ut!.- a.6c.-,- _ & o NT 9L /Jt.?. k t:?T.s ...s -rS 7'; -.L. 0 0 &ft!,.~,/."j 'IS u,.(!,:7;. ,~. on the 6? / .s rday of U us! , 20"" , at c:7{ : 0-0 o'clock L.rn., at a Pre- Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the ) Court, and to enter into a Temporary Order. Failure to appear at the Conference may provide grounds for the entry of a temporary or pennanent Order. Plaintiff v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT FOR THE COURT, Date: ~~ n.2rtIt ,/ BY:~~~~ Custody Cofiference Officer ,- {/ YOU SHOULD TAKE TIllS 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, P A 17101 (717) 232-7536 ,1\ a R In g~, Q r:;~'f'Jt' '" . ...~~,;tL!lV,,~,lunu.Q ~: ';' ,: ';,:~~ " '..:.... ~,; ~ ; '>-'}"J~~~f:fJ ~;J , , r" :,";, t ,.../:Y'.f bl.!ll: "'{Wi4.r~.; - h:::!~~.,.. ., : - ~- .f~l~.l"'"~~r: {~J 1 ;1 i '.~ i70;:i;,~~:;;~:Lidt:E:~l _ , e, ( """l:7 .-~'!~' FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 . ......~ '. .' '-', .-....., Attorney for Plaintiff c:.' r'-..:l = = <:.T'. --. '-' ;:0 :::;t- C^ c.... '-- ,- (--.) ~:~ ~ t:3 ,".: ~~ ~: :~. i I I.. :. -0 _ __r.:"'~ '~~-:' -~Y': 0 .J.." *"";,;r ~ .........; ..r:- " N AMY E. WOOLF, Plaintiff : IN THE COURT OF CO:MMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA . : NO, 2005 CV 4662 DC : CNIL ACTION - LAW : CUSTODY v. SCOTT A. WOOLF, Defendant PETITION FOR MODIFICATION OF A ---------------------- --------- CUSTODY ORDER 1. The Petitioner is Amy E. Woolf, Plaintiff in the above-captioned action, and Mother of the minor children, with a current address of215 Fox Grove Place, Hummelstown, PA 17036. 2. The Respondent is Scott A. Woolf, Defendant in the above-captioned action, and Father of the minor children, with a current new address of 10 Turmeric Dr., Mechanicsburg, Cumberland County, P A 17050. 3. The Petition of Amy E. Woolf respectfully represents that on the 5th day of April, 2006, an Order of Court was entered for the custody and visitation of the subject minor children, Jason N. Woolf (dob 10/30/01) and Ryan C. Woolf(dob 12/30/03), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. The Respondent was previously represented by Bradley A. Winnick, Esquire, but Respondent has advised Petitioner that he, Respondent, is in the process of retaining the services of new counsel. Petitioner is unaware at the present time of Respondent's new counsel. (,. " t 5. The best interests of the children will be served by modifying the existing Order because: A. The circumstances which previously enabled the parties to stipulate to the terms contained in the above-mentioned Order of April 5, 2006 have changed, in that Respondent has relocated to Mechanicsburg, thereby making certain transfers of custody logistically difficult or impossible. B. The Petitioner/mother has been the primary caregiver of the children since birth, and is desirous of continuing in that role. C. The minor child, Jason Woolf, is in need of regular, ongoing medical care for an asthmatic condition, which Petitioner believes, and therefore avers, she is better able to provide. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation to giant Petitioner primary physical custody, with such periods of partial physical custody for visitation to Respondent, as this Honorable Court may order. Respectfully submitted, Date: 7(31 lot' Jo .EJng,Esquire 6 0 N. Second Street enthouse Suit~ P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 JFK:ka:petition,mod,7.06 r f VERIFICATION I, Amy KWoolf,herebyacknowledgethaHamthe Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (b ~W6bU Amy E. Woolf " -=. ~ Dated: 7/31/06 (- --"---"'--"~------------'---'-"-"~'~----------~"-._--_._--~--------_.__._-~----_..~--_...._._'----- EXHIBIT A r' ( e' :/!" f(' ~... ~ "Ii::,'; i'.'.:' ..( ,,~~.+ti::D :'(Z.~~ ...~ L ';~!.l~~A lJ\ tr un firs~ U . ?:1 , 10' "l" III ~. t,.. ",'" ..." , #" to/' JJf ~~ ~:; t;-!o,~ r;.~~~~ Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ; NO. 2005 CV 4662 DC : CML ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant ORDER OF COURT AND NOW, this o .5 c... day of At~/~ , ,2006, upon stipulation of the parties, it is hereby ORDERED and DECREED that, the terms, conditions and provisions of the attached Stipulation for custody entered by the parties on or about March 23, 2006, executed by the parties and their counsel, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: . ;61 6u4/el ;? ~ J. APR 062006 , t hafiby Cil1ify bt .. ~ :Is a truI _ corNd ~. .. MlIIlflaI ~, \ ~ (...~ v ,J,.,\ . ,jf' "'i " Jr l ( cCY~v _r. . ."- ". -~ 6 " . ,". /'-- ( { AMY E. WOOLF, Plaintiff . : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : NO. 2005 CV 4662 DC SCOTT A. WOOLF , Defendant : CIVIL ACTION - LA W : DIVORCE/CUSTODYNISIT A nON STIPULATION AND NOW, this).,)t2fdayof -111p./'LA'~ ',2006, the Plaintiff, Amy E. Woolf (hereinafter "Mother"), and the Defendant, Scott A. Woolf (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, Jason N. Woolf, born on October 30,2001, and Ryan C. Woolf, born on December 30,2003, it is hereby stipulated as follows: 1, The parties will share joint legal custody. 2. The parties will share physical custody pursuant to the following schedule: A. WEEK ONE i) Mother will exercise custody from Tuesday after work until Saturday at approximately 5 :40 a.m., at which time Father will pick the children up at Mother's residence. ii) Father will exercise custody from Saturday at 5 :40 a.m. until Tuesday when Mother picks up the children after work. B. WEEK TWO i) Mother will exercise custody from Tuesday after work until Friday at 6:00 p.m. , " (~ ii) Father Will exercise custody from Friday at 6:00 p.m. until Tuesday when Mother picks up the children after work. 3. On 'aIlW ednesday mornings;, Father shall have custody of the children from , approximately 5:30 a.m. when Mother leaves for work until such time as he leaves for work and the regular day care can commence. 4. The parties shall share transportation in a manner to be mutually agreed upon With due consideration for the best interests of the children, the work schedules of the parties and the day care provisions. 5. The parties will alternate custody for the following holidays on an annual basis: New Year's Day, Martin Luther King Day, President's .Day, EaSter, Memorial, Day, July 4th, Labor Day, Columbus Day, Thanksgiving. Mother will have custody of the children on Easter , , , ' 2006, and the holidays will alternate thereafter. Each of the holidays, except for Thanksgiving, is defined ,as commencing at 9:00 a.m, and ending at 5:00 p.m. (The Thanksgiving holiday will begin on the Wednesday preceding the holiday and end on the Sunday following the holiday.). 6. Father shall exercise custody each year for the Christmas holiday. Until such time as the children begin school, the Christmas holiday shall commence on December 23rd and end on December 27th. When the oldest child begins school, the holiday shall commence on the last, day of school before the recess and continue for four (4) overnights. The specific times will be determined by the mutual agreement of the parties, c: ( . 7. Holidays will supercede the regular schedule. 8, The parties have the right to ten (10) additional non-consecutive days, which either can schedule by giving no less than 30 days written notice to the other party. 9. Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day, commencing on the Friday prior to the holiday, and ending on the Monday moming following the holiday, 10. The non-custodial parent shall be entitled to exercise two (2) hours of custody with the children on. either child's birthday.. ( 11. Until such time as she is unable or unwilling to do so, Father's mother shall provide day care for the children when either party is at work. 12. In the event that either party is not at work and able to be with the children during the other's custody period, the children shall spend the time with that parent rather than a day care provider, including Father's mother. 13. Each party shall be entitled to exercise two (2) uninterrupted non-consecutive one (1) week periods of custody during the summer, Notice of the intended week shall be provided to the other party in writing no less than thirty (30) days prior thereto, The party first giving notice of a particular week shall be entitled to custody during that week, 14, Each party shall be entitled to reasonable telephone contact with the children, 'which shall not be excessive, when the child is in the custody of the other party. ,f- \, ( ,;,.--.--.. ( 15. The parties express their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Dauphin County Court of Common Pleas for entry as an Order of Court, ~ tff)t~ Amy . . ~olf . Plainti Date Date Scott A, Woolf . Defendant ( 4{tfot 'i [~/o~. l? Ia 710b Date stip2 {~.r- Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA AMY E. WOOLF, v. " : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY SCOTT A, WOOLF , Defendant CERTWICATEOFSERVICE I, John F. King, Esquire, hereby certify that on April.!i, 2006, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, flist class, postage prepaid, addressed as follows: Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church Street, Suite 100 Dillsburg, PA 17019 ( EXHIBIT B OF MJrION roRHEARING 1. ( AMY E. WOOLF : IN TIIE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : 4662 CV 2005 Cl Y" c:: -0 -o:t: rn~ :;z:.#- ~C'"1 -c .Y c: :r.. -' ...<. ~ <:::T" ~ ~ I C1' -0 :s; -0 ::0 O::%J ~"f'l1 :::r::."'" (") , o-,{"'I"'\ :;2::.("')- ,.-.rn..c::. :4,0 rn y.."a ::::0 -< SCOTT A, WOOLF - ... c;n - Defendant : CIVIL ACTION - CUSTODY ORDER AND NOW, this /; f1- day ofSeptembe~, 2006, IT IS HEREBY ORDERED that a custody hearing is scheduled for November 29, 2006 at 8:45 a,m. in Courtroom No.8, Fifth Floor, Dauphin County Courth~use, Front & Market Streets, Harrisburg, PA. ~J#~ John F, Cherry, Judge Distribution: John King, Esquire 600 North Second Street Harrisburg, PA 17101 BE? () 6 ?nnf; Susan Kadel, Esquire 134 Sipe Avenue Humrnelstown, PA 17036 Deb Freeman. Esq,. Deputy Civil Court Administrator Judge Cherry t' h~by Ci,'f1~1 ~'1zt tt~ farr,;oklg is a ,r:, ail. COOJ.1G{ @~-y f _ t>>nt1ina1 I ' . ~~. ProtH notary ~ ( EXHIBIT C OF IDTION FOR HEARING ( , , . AMY E, WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. No. 2005 CV 4662 DC SCOTI A, WOOLF, Defendant CMLACTION-LAW IN CUSTODY MOTION FOR CONTINUANCE OF HEARING AND NOW, comes the Defendant, Scott A. Woolf, by and through his attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Motion for Continuance, averring as follows: 1, A custody hearing is scheduled to take place on November 29,2006, at 8:45 a.m. in Courtroom No, 8 of the Dauphin County Courthouse. 2. Defendant's counsel, Susan M. Kadel, Esquire, is unable to attend due to a previously scheduled vacation to coincide with the Thanksgiving holiday and, therefore, requests that the custody hearing be continued, 3, Plaintiff's counsel, John F. King, Esquire, opposes this continuance. WHEREFORE, Defendant, Scott A. Woolf, respectfully requests your Honorable Court to enter an Order continuing the custody hearing currently scheduled for November 29,2006, at 8:45 a.m. Date: September 14, 2006 Respectfully submitted, C/:P/&:- Susan M. Kadel, Esquire Counsel for Defendant, Scott A. Woolf P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Attorney J.D. No. 44837 ( ( VERIFICA TION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: .?-. !'t,fd(/~ r ~ ( ( ,', AMY E. WOOLF, Plaintiff IN TIIE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. No. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant CIVIL ACTION - LAW IN CUSTODY CERTDnCATEOFSERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Scott A. Woolf, hereby certify that I have served a copy of the Motion for Continuance of Hearing on the following on the date and in the manner indicated below: u.s. MAIL. FffiST CLASS. PRE-PAID John F. King, Esquire Friedman & King, P.C. 600 North Second Street, Fifth Floor P.O. Box 984 Harrisburg, P A 17108 JAMES, SMIT DIETIERCK & CONNELLY DATE: September 14, 2006 B . Susan . Kade , Esquire Attorney for Defendant Post Office Box 650 Hershey, P A 17033 (717) 533-3280 P A I.D. No. 44837 HXHIB1T P ,OF MITTCN FOR HEARING AMY E, WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs, : NO, 2005 CV 4662 CU Ci I"-..;) = '> = .....0 c:r'> c en :::0 "'D f"T1 aC:r -O:;r \J -'", '""!ij-r 1"T1 - N "...,....~ Z2 '-.:0- . i ,-..; N ~~~~. Zc-. :J:>c \J J--.. ::It :.::' (:-::l rT' ;e; N ';';:'"'r(C _.~ .. :::0 -< -~ .:::- ... SCOTT A, WOOLF, Defendant : CML ACTION ORDER AND NOW, this a~.}1J) day of September, 2006, after review and consideration of the Motion for Continuance filed by Defendant, IT IS HEREBY ORDERED that the custody hearing currently scheduledfor November 29, 2006 shall be CONTINUED, This Court recuses itself from this matter and DIRECTS that the Court Administrators Office RE-ASSIGNthis matter. BY THE COURT: Distribution: John King, Esquire 600 North Second Street Harrisburg, Pa, 17101 Susan Kadel, Esquire Post Office Box 650 Hershey, Pa. 17033 Deb Freeman, Deputy Court Administrator (Civil) ( ~1'I E OF MJfl~ FOR H['AR1NG { AMY E. WOOLF, PLAINTIFF v. SCOTT A. WOOLF, DEFENDANT (I : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 CU : CIVIL ACTION - LAW : CUSTODY SCHEDULING ORDER AND NOW, October 2, 2006, -0::.' fT1 :~ -n- ..I" ...:..... 01-:;::""" (-", f']:>_ ,_., IT IS HEREBY ORDERED that a custody hearing in this matter is set before the ),/ ~.-"" <::) N r--.:; = = c;;-. o c-:: -I I ,....J ",r',.,' ~,.. ........." ~.r'_ -,,; .,..~(~' -->"""! ,....... "1. .' . ..':. ("' -,.. :-~~-..' s;~ :S~~ ~~' ... :;::,.. ....... ...... -" " . . undersigried judge sitting in Court Room No: 4, Dauphin County Court House, Front and Market Streets, Harrisburg, PA for January 4, 2007 at 9:00 A.'M. OCT 0 4 2006 I hereby cmify that Ul@ for~ing ts a true and com~ ct..'.py "Of ~ or~ lilOO. ; \ (J 1. I ) AI '.J . ,~ . .......JiJ-rJ{IJ.lil L:"'. It ~ . Prothonotary OISTR1BUTION: Joseph Judge John F. King, Esquire, FRIEDMAN & KING, P .C., 600 North Second Street, Harrisburg, P A 17101 (Counsel for Plaintiff) Susan Kadel, Esquire, JAMES, SMITH, DIETTERICK & CONNELLY, LLP, P.O, BOX 650, Hershey, PA 17033 (Counsel for Defendant) Deborah S, Freeman, Esquire, Deputy Court Administrator (Civil) ---- ( il1!I11B11 F OF :MJrlON lDR \1E.ARlNG \ AMY E, WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA ~ CJ = ::P' Cf" c: g '"1J --l -0 =:: N m:::::; w ::z:,J.:. :x.c.- j..)' t:;; '- Z --l -< Plaintiff vs. : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this 23rd day of October, 2006, IT IS HEREBY ORDERED that a custody hearing has been scheduled for November 22, 2006, beginning at 10:30 a,m. in Hearing Room - A on the second floor of the Dauphin County Courthouse, Front and Market Streets, Harrisburg, P A before the Honorable Ward F, Clark, Senior Judge. Distribution: Honorable Ward F. Clark, SJ. John King, Esquire, 600 North 2nd S1., Harrisburg, PA 17101 Susan Kadel, Esquire, P.O. Box 650, Hershey, P A 17033 Deborah Freeman, Esq., Deputy Couq Administrator-Civil nr-= ,~ ~"ll 1i' ,-... ~{:~:'~~7-.;::j~rf~:t,:~'~~~"~:~c~:.~ ~T:"==,:'~,,'~_-::_~ .. "'~iil';', b..,'. "I~"" I, . ~, " '.>',M. ,;,-~. .v: ..." . '. ., ':~. JI""~'~'riol1 ... .. ~ ";.'."';or .' -0 ::;: N w. &'" C/) "1:) ?O C\ 0 :;:L ...:...) '""!"': rr" ..~~,c-: <:: c; r', .~,{'1"'1< '....J r, -..F:) _ J.'.... '"f'l '--" ~- ",., -( (~ ExHIBIT -G. OF M)TION FOR HEARING t (( ( AMY E. WOOLF, PLAINTIFF : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNlY, PENNSYLVANIA v, : NO, 2005 CV 4662CU : CML ACTION - LAW : CUSTODY SCOTI A, WOOLF, DEFENDANT c: G5 :p. ~ ''0 c. :.z:: :::0 <:::) -;:)0- v:i -c: -I.." r-:: ~ ;;. I ::r.; .,., (-' AND NOW, October 31, 2006, :z (- ~i c=; c.:': OJ> (-.:;; -0 ~ ':) f'"I1 < IT IS HEREBY ORDERED that the custody hearing currently sch~dul~ rot ~6 -< c -< o ORDER January 4, 2007 at 9:00 A,M. is cancelled. This matter willbe re-assigned to a visiting judge, The date and time for hearing will be det~rmined upoIi assignment of that visiting judge. ' NOVO 12006 , tWl~Y C~iify ~w tile tQr~i3g is a 1:.llll<I oorrect ~r If ... llIi!Jinal . ~ \jp/w (!. .1+}~";"aJ ~notaiY - DISTRIBUTION: John F, King, Esquire, FRIEDMAN & KING, P.C, 600 North Second Street, Harrisburg, PA 17101 (Counsel for Plaintiff) Susan Kadel, Esquire, JAMES, SMITH, DIETTERICK & CONNELLY, UP, P.O. BOX 650, Hershey, PA 17033 (Counsel for Defendant) , Deborah S, Freeman, Esquire, Deputy Court Administrator (Civil) , EXHIBIT H OF MJrION roRHEARING ~ r'e .(e AMY E, WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPIllN COUNTY, PENNSYL V AN1A vs. : NO. 2005 CV 4662 DC f'o..:J = = ....,..., _,,'':.t 0-. '-' ,.- :7- ?:J 0 ::J 0 :;;!J '-f~ -,' ...-.::: __oj ""rJ Pl '.' n'l .. " (-::~ "..... -- .cl'i... ....:...-. W ,-/ ("") Pi ~ "";r!' .....,.. " .o;L.~ rr1 -- ,~~ , ',':'''J ...:: ,..... > 0 rr, :i'.C .';;.. C3 j:;;~ " 0 ::0 -', .. -< ", U1 .. SCOTT A. WOOLF, Defendant : CML ACTION - LAW : IN CUSTODY ORDER AND NOW, this 13th day of November, 2006, IT IS HEREBY ORDERED that the custody hearing date of November 22,2006 has been rescheduled for December 14,2006, beginning at 10:30 a.m. in Hearing Room - A on the second floor of the Dauphin County Courthouse, Front and Market Streets, Harrisburg, P A before the Honorable Ward F. Clark, Senior Judge. Richard A, Lewis, Presi ent Judge Distribution: Honorable Ward F, Clark, S.J. John King, Esquire, 600 North 2nd St., Harrisburg, PA 17101 Susan Kadel, Esquire, P.O. Box 650, Hershey, PA 17033 , Deborah Freeman, Esquire, Deputy Court Administrator-Civil _ tIDV 1 3 ZOOBI I hic~ ciI1ify tba! Vli for'Wlictg ls a tAIt .. -- . _ ""nal tno<<, ~1uJ ~. Pro:h notary EXHIBIT I OF MJTION FOR HEARING c..opy ,r-- ( Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA' AMY E. WOOLF, v. . : NO, 2005 CV 4662 DC SCOTT A, WOOLF, . Defendant . : CIVIL ACTION - LAW . : CUSTODY ORDER OF COURT AND NOW, this day of attached Motion for Continuance, it is hereby ORDERED that'the trial scheduled for December 14,2006 before the Honorable Ward F, Clatk, Senior Judge, be cancelled, and the matter be continued generally, , 2006, upon consideration of the BY ~ COURT, Date: By: ( fS FRIEDMAN & KING, P.C. John F. King, Esquire In #61919 '600 N. Second Street Penthouse Suite p, O. Box 984 Harrisburg, P A 17108 Tel.: (717) 236-8000/Fax: (717) 236~8080 o )> c:: , .'0 ""0 :t. m""':: ::z:2: z (") :t>c c: ""', ..... -1 -< Attorney for Plaintiff AMY E. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff v. . . : NO. 2005 CV 4662 DC : CIVIL ACTION ~ LAW : CUSTODY SCOTT A. WOOLF, Defendant MOTION FOR CONTINUANCE 1. The Moving party is Amy E, W oo~, Plaintiff in the abovewcaption~d action. 2. The Respondent is Scott A. Woolf, Defendant in the above~cap~oned action. 3. The parties are presently subject to the terms of an Order of Court dated April S, 2006, incorporating the parties' StipUlation of March 23,2006. 4. On August 1, 2006, Movant filed a Petition for Modification of a Custody Order. 5. A conciliation conference was held on August 28, 2006, 6. At said conciliation, it was determined that the question of modifying the existing Custody Order must proceed to triaL 7. After several reschedulings because of recusals, reappointments, and because of one scheduling conflict on the part of Defendant's former counsel, the matter was scheduled for trial on December 14,2006 commencing at 10:30 A.M, before the Honorable Ward F. Clark, Senior Judge, sg e.:::I c::l" o ,.,., ('") , I c::n :bII :x \0 .. - N -0 :u 00;::<-, ...., ""Tl rr. ::r.:: ""'1 c...; Q c::;; rr, .l/.:..r....~- ....... "...- \.j ...... );!$;G :;?'J -." ..... 8. The parties have (subsequent to the aforementioned Conciliation and scheduling) attended a four-party conference with their respective counsel; Timothy Colgan, Esq, representing DefendantlFather, and John King, Esq. representing PlaintifflMother, and it is the parties current intention to continue abiding by the custodial arrangement as ordered by this Honorable CoQrt in its Order dated April 5, 2006, 9. Movant anticipates changes in her circumstances and the childrens' circumstances over the, next several months, including a possible job schedule change for Movant which will significantly alter her work schedule and the child care arrangements of the parties,' 10. In addition, to the parties' current iritentlon to continue abiding by the custodial arrangement as ordered by this Horiorable Court in its Order dated April 5, 2006, it is also their current intention to maintain a schedule of shared physical custody of the minor children. In furtherance of their intent to maintain a shared physical custody arrangement, the " parties intend to continue their diatogue regarding the best interests of their children, and to negotiate a custodial arrangement which can be followed by agreement, or entered as an Order of Court by stipulation of the parties. 11. On the averments as oontained herein, Movant believes it would be in the , best interest of the children to continue gen~ally the trial on Movant's Petition for Modification of a Custody Order. 12. The Respondent, by and through his legal counsel, concms with the within 'Motion. . Date: t.f:-jJ 0 (" JFK:ka:woolf,amy:pleadings:CONTINUE Respectfully submitted, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, ~ENNSYLVANIA . AMY E, WOOLF, . v, . . : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant , : CIVIL ACTION - LAW : CUSTODY CERTIFICATIO.,N I, John F. King, Esquire, certify that ~ have dis'closed the full text of the within Motion' for Continuance,' and the proposed Order, to counsel for Defendant, Timothy J. Colgan, Esquire, who concurs with the within Motion. ., " AMY E, WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY V. ' SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F, King, Esquire, hereby certify that on December6', 2006, I served a copy of the within Motion for C;ontinuance on Defendant, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esq. The Wiley Group 130 W. Church St, Suite 100 Dillsburg PA 17019 EXHIBIT J OF MJrION FOR HEARING ... (. AMYE, WOOLF, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA v, , , : NO. 2005 CV 4662 DC SCOTT A. WOOLF, Defendant . : CIVIL ACTION" LAW : CUSTODY ORDER OF COURT AND NOW, this day of attached Motion for Continuance, it is hereby ORDERED that the 'trial scheduled for December 14,2006 before the Honorable Ward F. Clark, Senior Judge, be cancelled, and the matter be continued generally. , 2006, upon consideration of the BY THE COURT, Date: By: Distribution: Timothy J. Colgan, Esq., The Wiley Group, 130 W. Church S1., Suite 100, Dillsburg PA 17019 (717) 432-9666, tcolgan@wiley4u.com John F. King, Esq., Friedman & King PC, PO Box 984, Harrisburg PA 17108, (717) 236-8000, " friedmanandking@hotmail.com FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite p, O. Box 984 Harrisburg, P A 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 o :J> c:: .,.- -' ""O::r: "., -- ZZ Zc; ;>0 c:: :;r -! -<: ,....., = c:::>>. ~"'-... c::n .... CJ rrI n , co Attorney for Plaintiff -0 ::;r: ~ o -.I AMY E. WOOLF, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LAW : CUSTODY Plaintiff v. SCOTT A, WOOLF, Defendant AMENDED MOTION FOR CONTINUANCE 1. The Moving Party is Amy E. Woolf, Plaintiff in the above-captioned action. 2, The Respondent is Scott A. Woolf, Defendant in the above-captioned action, 3. The parties are presently subject to, the terms of an Order of Court dated AprilS, 2006, incorporating the parties' Stipulation of March 23,2006. 4, On August 1, 2006, Movant filed a Petition for Modification of a Custody Order. 5. A conciliation conference was held on August 28, 2006. 6, At said conciliation, it was determined that the question of modifying the existing Custody Order must proceed to trial. 7, After several reschedulings because ofrecusals, reappointments, and because of one scheduling conflict on the part of Defendant's former counsel, the matter was scheduled for trial on December 14,2006 commencing at 10:30 A.M. before the Honorable Ward F. Clark, Senior Judge, ::G Ow:;::c.: -~ -'1 rr: :r: -n r; ~nl-r; ..ir_ ,...,..., -::: ~-". '''' '---' --~ ..-r a r*'1 J=.,")Io ....r~ J=j .......-.j ....... -.( ( 8. The parties have (subsequent to the aforementioned Conciliation and scheduling) attended a four-party conference with their respective counsel, Timothy Colgan, Esq. representing Defendant/Father, and John King, Esq, representing Plaintiff/Mother, and it is the parties current intention to continue abiding by the custodial arrangement as ordered by this Honorable Court in its Order dated April 5, 2006. 9. Movant anticipates changes in her circumstances and the childrens' circumstances over the next several months, including a possible job schedule change for Movant which will significantly alter her work schedule and the child care arrangements of the parties. 10, In addition to the parties' current intention to continue abiding by the custodial arrangement as ordered by this Honorable Court in its Order dated April 5, 2006, it is also their current intention to maintain a schedule of shared physical custody of the minor children, In furtherance of their intent to maintain a shared physical custody arrangement, the parties intend to continue their dialogue regarding the best interests of their children, and to negotiate a custodial arrangement which can be followed by agreement, or entered as an Order of Court by stipulation of the parties. 11. On the averments as contained herein, Movant believes it would be in the best interest of the children to continue generally the trial on Movant's Petition for Modification of a Custody Order. 12, The Respondent, by and through his legal counsel, concurs with the within Motion, 13. Movant originally filed the within Motion for Continuance on or about December 5, 2006. 14. Said originally filed Motion for Continuance was not entertained by this Honorable Court because of failure of Movant to follow Dauphin County Local Rule Date: 12_/;/06 I JFK:ka:woolf,amy:pleadings:CONTINUE Respectfully submitted, FRIEDMAN & KING, P.C. Plaintiff , : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2005 CV 4662 DC AMYE. WOOLF, v, . SCOTT A. WOOLF, Defendant . : CIVIL ACTION - LAW : CUSTODY CERTIFICATION I, John F. King, Esquire, certify that I have disclosed the full text of the within Motion for Continuance, and the proposed Order, to counsel for Defendant, Timothy J. Colgan, Esquire, who concurs with the within Motion. , ~ ,., ( Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA : NO. 2005CV 4662 DC : CIVil.., ACTION - LAW : CUSTODY AMY E. WOOLF, v. SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on December 8, 2006, I served a copy of the within Motion for Continuance on Defendant, by depositing same in the United States Mail, ftrst class, postage prepaid, addressed as follows: Timothy 1. Colgan, Esq. The Wiley Group 130 W. Church St. Suite 100 DillsburgPA 17019 FRIEDMAN & KING, P.C, ( EXHIBIT K OF MJrION FOR HEARING ,. ..... ( 'D AMY E. WOOLFt /" Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUN1Y7 PENNSYL VANIA . : NO. 2005 CV 4662 DC v, SCOTT A. WOOLF, Defendm1t . , : CIVIL ACTION - LAW : CUSTODY {.L AND NOW, this f day of attached Motion for Continuance7 it is hereby :Jc. ~ c g "".,J ):3- CI"'- :::0 C 0 00:;:.0 -0 ~ -l .,.., fT: ""0:1: ::C""l'1G ~ % CJ1 0 c==:; rr; ...... ~r'1<: %CJ ~ -torl'1 ):> ;2 ::J: .".. .." CJ Z N ":A) -it .. -< -<CJ1 , 2006, upon consideratioftOf the ORDER OF COURT ORDERED that the trial scheduled for December 14, 2006 before the Honorable Ward F. Clark, Senior Judge, be cancelled, and the matter be continued generally. BY THE COURT, Date: (tZ, " znt / / By: ~ 5. 0, (j DistributiQn: Timothy J. Colgan, Esq" The Wiley Group, 130 W, Church St., Suite 100, Dillsburg PA 17019 (717) 432-9666, tcolgan@wiley4u.com . John F. King, Esq., Friedman & King PC, PO Box 984, Harrisburg FA 17108, (717) 236-8000, friedmanandking@hotmail.com . DEe 152006 ~.c1 X~~ 13~~3S~J dH Wd9v=v 900~ 80 oaa . ",.' Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY"PENNSYLVANIA : NO. 2005 CV 4662 DC : CIVIL ACTION - LA W : CUSTODY AMY E, WOOLF, v, SCOTT A. WOOLF, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on March 1, 2007, I served a copy of the within Motion For Hearing, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: . Timothy J. Colgan, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 W. Church St., Suite 100 Dillsburg, PA 17019 FRIEDMAN & KING, P.C. 17108 g d)rn ~..,...,~- zr ,,,):,' V~ ""';V :<", ~t,' '"J> r- z'.( .- ( , J":"c -, ~ ..... 8 --' :s s=; ~ ~ ~t -:>~ ~M ~ ~ ~ '2 N co > . .... SCOTT A. WOOLF, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY E. WOOLF, DEFENDANT : 07-1116 CIVIL TERM ORDER OF COURT AND NOW, this ?-2- day of March, 2007, IT IS ORDERED: (1) A hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1 :30 p.m., Thursday, March 29, 2007, to receive any evidence and hear oral argument on the preliminary objections of Amy E. Woolf based on allegations of improper venue and pendency of prior action. (2) If the preliminary objections are granted, the hearing now scheduled before the conciliator for Friday, March 30, 2007, at 2:00 p.m. will be cancelled. Otherwise, the hearing will be conducted as scheduled. Edgar B. Bay , . ~othY J. Colgan, Esquire ..~ For Plaintiff rf(_'~ ""\ ~n F. King, Esquire ~ For Defendant ,;<!'ohn J. Mangan, Jr., Esquire Custody Conciliator :sal ..p & o ~4> ~ 8"> (2,~ ..."" ./7 G .,c.~\ ~ ,~~) 0-- '':~.1n \t~ ~\~ \~ "r;;;:.Q (:-.) ,(. "':0 ~-( :::<' \ :; \''l- ~~ ~:P\ ~~ ~ '~ ~y ~ D 't5 ~ SCOTT A. WOOLF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTYPA v. 07-1116 CIVIL ACTION - LAW AMY E. WOOLF, Defendant IN CUSTODY PRAECIPE Kindly withdraw the Amended Petition for Special Relief filed in the above-captioned matter. Respectfully submitted, J,6hn F. King, Esquire /-600 N. Second Str~et \ / Penthouse Suite -'-- " ,,/' .~ P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 FRIEDMAN & KING, P.C. ~., /~ L>:"'/ \" Date: 3/~/()7 JFK:ka (') ~ r--.> = t':':::;,:-) ........ ~';..... 2~:: ....v (..) o v 2: Go) 1"'.) ,.- ... .. --,,,,\ SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2007-1116 AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO SETTLE. DISCONTINUE AND END To the Prothonotary: Kindly mark this action settled, discontinued and ended. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: J.,.. 1/1-'7 T~ LD. # 77944 130 West Church Street Suite 100 Dillsburg, PAl 70 19 (717) 432-9666 <-" ."- ~ SCOTT A. WOOLF Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2007-1116 AMY E. WOOLF Defendant. : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Timothy J, Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: John F. King, Esquire FRIEDMAN & KING, P.C. P.O. Box 984 Harrisburg, P A 17108 Date: 1.2 ,!OPt) 7 WILEY, LENOX, COLGAN & MARZZACCO p,c. BY:~ T~m:~y-J~E~ire 130 W, Church Street Dillsburg, P A 17019 (717) 432-9666 (Attorney for Scott Woolf) o C ~?'~ 1"-' c::.J = -..l :; -~'i'.DO ?o c...) o -0 :.1:': (.f? ~ -l :r:....n r-i1 F~ ~~ L", s.y: ~ -r"., ~J~~ ~\ T- ~ C) .&:'