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HomeMy WebLinkAbout97-05162 tJ - ,.-; If llo ..~ ~ itf ":~ t:i ,'fj .-fr, 'd.' M "1 tj ;j ,~ ;~~ ~~~ ., ~ ,:1 .:~ I \ , i ,. /// / I ! I I Ii ...... . - .~ <i .....) , ~ ) / ~ <:)- . , . I ~I i I John II, oroulo. lIubert l(, Gilroy Droujo8 &; Gilroy, p,c. AUurn.y. It Ltw 4 North lIuo... Street Cullele, Penneyl..nl. 1701.1 717-20.4574 717-766-1690 fa.. 243-8227 December 23, 1997 The Honorable Kevin Hess Judge, Courts of Cumberland County Counhouse Carlisle, PA 17013 RE: King v King, custody Proposal for visi tat ion rights Dear Judge Hess: Defendant herewith submits proposed visitation rights: Summertime: From a day after completion of Head Start course in or about May, for the summer months of June, July and August, until two days before commencement of Head Start in September, Thanksgiving & Christmas: From the Wednesday before Thanksgiving to December 30, (The rationale here is that since she has the child for the entire year except summertimes and since holidays will be difficult to arrange with respect to costs and !light time, Father should have a substantial block of time where he can enjoy the child continuously for a period of time, rather than for a few days. Alternating weekends certainly is not feasible and the child should not have to be airborne so frequently. Airline travel uncertainties, jet lag, and so forth ). Holidays: Father desires alternating holidays of Easter, Memorial Day, July 4, and Labor Day, with Thanksgiving and Christmas with the above five weeks one year for Father and alternating with the other year with Mother for Thanksgiving and Christmas and Father after Christmas through New Year's, Birthday is not a problem because it is on December 22, which can be taken care of during the Christmas visitation. The holidays would be alternated annually, The rationale for the long Thanksgiving/Christmas period is that Father has in fact been the Hon, Kevin A, Hess December 24, \9'>7 Page :2 Easter, 1999, and altematinll the remaining holidays in \999 chronologically thereafter, 5, Other Periods of Custody. Father shall have such other periods of custody as the parties may, from time to time, mutually agree, [n the event that the parties reach an agreement to such additional period, the terms of the Order would continue to apply. 6, Transoortation, Mother presently has available to the child air transportation at no cost through her employer, For as long as such benefit remains available to Mother, she shall bear the respo!1sibility for transporting the chilli 10 an airport within a twO ilour dnve oi I..ullloeriund County, .pecilically to include Harrisburg [ntemational, Philadelphia International, Baltimore/Washington International, and Dulles International Airports. Mother shall provide Father with no less than five days written notice of the date, time, and airport at which the child is to arrive and/or depart, Father shall be responsible for picking up child at the appointed place and time and for delivering child to the airport no less than one and one-half hours prior to any scheduled departing time, In the event that Mother's transportation benefits through her employer should cease, for whatever reason whatsoever, the parties shall bear equal responsibility for the cost of air transportation, 7, Teleohone Contact. The party not then in custody of the child shall have the opportunity for reasonable telephone contact with the child, to be defined as not less than one telephone call per week, This plOposal provides the natural father with a significant period of custody with his son during the summer months and over the Christmas holiday, with further opportunities for contact at various times througholltthe year. In addition, please keep in mind my client's willingness to work with the father to provide him with additional tim'~.., ev~n sO) m..~h !h! she would hI' willitlg to allow him to come visit at her apartment in Texas, A specific provision to that effect, however, was not included in our proposal to avoid a situation where father may show up "at the door" unannounced, Furthennore, this proposal would allow for an order to be entered that could remain in effect for a number of years, even after the child's commencement in kindergarten which is anticipated to be the Fall of 1999, and would avoid a need for the parties to come back to court to amend the visitation schedule to reflect the school year. Fortunately, the Head Start Program in which he is enrolled mirrors the school year in Texas, Finally, I have had an opportunity to review Mr. Broujos's letter of December 23, 1997, containing the father's proposal. Mr, Broujos's assertion that the father has, in fact, f1on, Kevin A, Hess December 24, 1997 ('age 3 been the primary caregiver of the child, contrary to the court's conclusion, is devoid of merit and ignores the fact that the mother's work schedule with the airline is designed to maximize her time with the children during the week, and also ignores the father's employment. Simply put, for a majority of the time during the child's life, the mother has been the primary caregiver for this child, The fact that for the last year the father has assumed that role on weekends does not change that fact. I thank you for your attention to this matter. Very truly yours, r k6w~,O'"<.. ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carole King John H, Broujos, Esquire " FLOYD N. KING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plainti IT/Respondent vs, NO, 97-5162 CIVIL TERM CAROL A. KING, Defendant/Petitioner CIVIL ACTION - LA W PETITION FOR SPECIAL RELIEF AND NOW, comes Carol A. King, Petitioner, by and through her counsel, Robert Peter Kline, Esquire, who respectfully petitions this Court for special relief as follows: I. Petitioner is Carol A, King, an adult individual presently residing at 144-D Garden Avenue, Fairview Township, York County, Pennsyhania, Petitioner is the natural mother of Adrien Giovanni King, born December 22, 1993, who is the subject of this custody action, 2. Respondent is Floyd N, King, who presently has no permanent address, Respondent is a United States Marine and is stationed at the fonner New Cumberland Army Depot. and is the natural father of Adrien Giovanni King. 3, A Custody Conciliation Conference was held before Michael L. Bangs, Esquire on September 29, 1997, A copy of the Custody Conciliation Conference Summary Report and Order ofeourt dated October 17, 1997 is attached as Exhibit "A" and incorporated herein by reference, 4, At the time of the Custody Conciliation Conference, Petitioner had requested, and had been advised that she would receive, an extension of the military housing in which she presently resides until at least the end of December 1997 5, As a direct result of Respondent's refusal to consent to such an extension, the extension was not granted and Petitioner's military housing will expire on or about November 10, 1997. 6, On or about November 10, 1997, Petitioner intends to relocate to the Dallas/Fort Worth area of Texas. Respondent is aware of this move and, in lact, has been directed by his superior ollken to assist Petitioner in facilitating such alllove, In lact, Respondent has been directed to arrange for the transportation of Pctitioncr's bclongings by his supcrior o/liccrs and will, in fact, drive a truck containing Pctitioncr's bclongings from Pcnnsylvania to Tcxas on or about November 10, 1997. 7, It is Petitioncr's desire that hcr son, Adricn Giovanni King, be pcrmillcd by thc Court to movc with hcr to Tcxas whcn shc movcs on or about Novcmbcr 10, 1997, 8, For at Icast the last three (3) wccks, Respondcnt has not had a place to live. Respondcnt has advised Petitioner that on numerous occasions he had spent the night in his automobile. On othcr occasions, Rcspondent has knockcd on Petitioner's door aller midnight requesting a placc to stay the night, Petitioncr has allowed Rcspondcntto stay in her home overnight on a number of occasions over the last three weeks. 9, Since leaving his residence in Lower Allen Township approximately three weeks ago, Respondent has not exercised any of the custody provided for by the October 17, 1997 Ordcr of Court, Respondent has stayed, on occasion, in the Petitioncr's home whilc the Petitioner has bccn out of town on work and has watchcd Pctitioncr's childrcn. Furthcrmorc, Pctitioncr has allowcd Rcspondent to visit with his son on occasion at Pctitioncr's home, Howcvcr, Rcspondcnt has not exercised or rcquested any overnight visitation outsidc of the Petitioner's homc for at Icast thrcc wccks. 10, Petitioner believcs, and thereforc avers, that Rcspondent has been drinking regularly and is thcrefore concern cd rcgarding his ability to provide care for thc minor child, In support thercof, Respondcnt has regularly appearcd at Pctitioner's homc with the odor of alcohol on his brcath, In addition, Rcspondent has frecly admittcd to Petitioner that hc gocs out to a bar each day allcr work and that is the reason why he docs not appear at Petitioner's home until oller midnight. II, By his actions sincc scparation in August, and more particularly over the last three weeks, Respondcnt has clearly demonstrated that he would be unable to providc lor his son on a full-time basis. 12. The minor child's hall~siblings will be relocating to Texas with their mother on or lIbout November 10, 1997. 13. Petitioner is a Ilight attendllnt for United Airlines. Her employment requires her to travel between two to four days per week, She hils sufficient fllmily in the Dallas/Fort Worth area to provide care for the child while she is working, 14, Respondelll is enlisted in the United SllItes Marine Corps, Ilis employment, from time to time, requires him to travel with minimal notice. Respondent lacks resources to provide care for the child in such emergency circumstances, 15. For all of the rrasons stated in this Petition, it is in the best interest of the minor child to allow him to relocate to Texas with his mother on or about November 10, 1997. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order authorizing her to remove the minor child, Adrien Giovanni King, with her to the State of Texas whcn she is requircd to move on or about Novcmbcr 10, 1997. Rcspecltully submitted, ~o aCT /Cfcr'? DATE <" \~~_'e ROBERT PETER KLINE, ESQUIRE 331 Bridgc Strcet, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Dcfendant/Petitioncr VERIFICATION I, Robert Peter Kline, Esquire, allomey for the Defendant/Petitioner herein, have sufficient knowledge of the facts contained in this Petition for Special Relief and verify that the statements made in the foregoing Petition are true and correct 10 the best of my knowledge, based upon infonnation received from the Plaintiff, I understand that false statements herein made are subject to the penalties of 18 Pa. C,S.A. Section 4904 relating to unsworn falsification to authorities, A verification executed by the Plainliffwill be filed of record as soon as it becomes available. r 1~j-r-:p~O ~ ROBERT PETER KLINE, 'ESQUIRE 30 Date OC.i \ c,,~-=1- 'fY r-..... 1>0' .......~ " ,.., ...... 'Q " '1 ~ r '" . ' .. , . .: , , ' "', ~ "1'/ , 'ii' C! '/1 Ir, ~ j ~,' ,; ... ;'/'., V ;::-; '!. n(i ...., "" , ", , , . '\P" ell,'., " . . , .. _,,, I Fd'l\-L;'jl.'..',;-;,,'. '').; to. , "'1 11 I'( - ~ .... ~ 1 ~ 4 ~ 3. At Respondent's request, on September 22, 1997, Petitioners filed a Complaint for Custody and an Emergency Petition for Special Relief for Respondent, docketed to No, 97-5162 Civil Term, and also attended an Expedited Custody Conciliation on Respondent's behalf, 4, At Respondent's request, on October 6, 1997, Petitioners filed a Complaint In Divorce on his behalf, docketed to No, 97-5454, 5, Additionally, a Complaint in Support was filed by Respondent on or about October 8, 1997, docketed to #00937 S 1997, 6, Since August of 1997, Petitioners have been rendering legal services on behalf of the Respondent. 7, As of November 7,1997. Respondent's outstanding legal fees are in excess of $2,000,00, 8, The above referenced fee agreement states "we [Petitioners] reserve the right to terminate our attorney/client relationship for nonpayment of fees and costs." 9, On October 23, 1997, October 31, 1997 and November 14. 1997, Petitioners advised Respondent that they would be unable to continue representing him unless he satisfied his outstanding balance, (A copy of such correspondence is attached hereto and collectively marked as Exhibit "8.") 10, To date, Respondent has not only failed to satisfy his outstanding legal obligation, but has also failed to make even a partial payment toward his outstanding balance, 11, The Respondent's failure to remit any payment toward such an extensive outstanding balance has caused Petitioners to realize a financial hardship, 12, Moreover, Respondent has repeatedly failed to maintain contact with Petitioners, More specificaliy, Respondent changed residences and failed to notify Petitioners, Therefore. for approximately two weeks, Petitioners continued to send time sensitive correspondence to Respondent at his last known address, which apparentiy had gone unread until Petitioners learned from opposing counsel that I.A\\' (l111(1~ IERR Y R DUffiE RICH^RD W HEW^RT C ROY WEIDNER, IR EDMUND G MYEIU D^VID W DILUCE R^l PH H WRIC.HT, IR D^VID I L^N~ ImEPH L HITCHINQ M^RK C DUFFIE JOHNSON, DUFFlE, STEWART & WEIDNER A Profenlonal Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 1'/043.0109 HOMCE ^. IOHN50N 0' COUNUL T1!LEPHONE 717.761.4540 F~IMILE 717.761.]015 I.MAll mIIIOJd.w.com August 26, 1997 Floyd N. King 1440 Garden Avenue New Cumberland, PA 17070 Re: Fee Agreement Dear Mr. King: Thank you for consulllng Johnson, Duffle, Stewart & Weidner regarding your domestic relations r.ase. This letter sets forth the agreement concerning our representation of you and I would appreciate receiving e countersigned copy of this letter. Many years of experience have taught us that the attorney cllenl relationship functions besl when both parties are fully aware of the scope of the representation end their respective obligations. The purpose of this letter Is to set forth, In writing, the errangements concerning our seNless and our fee, so that we may evold any misunderstandings. We heve requesled a relalner of $250.00, which shall be applied egalnsllhe then hourly rate of the attorney performing the seNlce. My Initial rate for this case Is $100.00. As we discussed, due to your financial situation, we have agreed to lower the standard domestic rlllations retainer rate with the understanding that you will be billed monthly for all work done on your file. You will be billed for all time spent on your case Including, but not limited to, conferences, telephone calls, pre-trial discovery, trial preparation, document drafting, correspondence and pleadings, negotiations, legal rasearch, court time end travel to and from locations away from my office. Your advarsary, the opposing attorney or others may engage In actlvltlas beyond my conlrolthat require time that was not originally contemplated. If this matter has not been concluded within twelve months of the date of this agreement, hourly ratas may be adjusled to confomn to my prevailing hourly rates. You will be responsible for all costs that we may Incur on your behalf. These costs Include, bul ere not limited to, computerized legel research, messengers, experts (Including C.P.A., pension evaluators end real estata epprelsers) filing fees, service of process fees, daposltlons, subpoenas and wllness fees. It may be necessary to heve any real estate appraised, end you will be responslbla for that cost. If eppllcable 10 your particular situation, It may also be necessary to have a value placed on a business Interesl end, egaln, you wilt be responsible for that cost. These Items should be s~paralely Itemized on our billing statements. Time spent on your file will be charged In minimum Increments of ten (10) mlnutas. This Includes telephona calls and correspondence, recognizing the time Involved In retrieving Ihe file, exemlnlng the documents or lelters required, In eddltlon to the time spent to consider end deal with the problem. We reserve the right 10 termlnete our attorney/client relationship for nonpayment of fees end costs. We will bill you periodically end will notify you In advance If It appears that your retainer has been exhausted. If there Is still considerable work to be done on your case, you may be asked to replenish your retainer. If, however, your case conctudes before the total charges equal the emount of the retainer, you will Floyd N. King August 26, 1991 Page 2 receive a refund of the difference. Any statement for selVlces rendered must be peld within thirty (30) days of receipt of the statement by you. You will be charged Interest et a yearly rate of 12% (1% per month) on eny outstanding belence not paid within thirty (30) days. We reselVe the right to termlnete our eltorney client relationship If you do not pay our fees end disbursements within thirty (30) days of billing. This policy Is slrlctty enforced as we do not think It Is fair to esk clients who pay their bills when due to finance the lagal cost of others who are delinquent. Unfortunately, It Is Impossible to estimate for you the total emount of time thet will have to be devoted to your case. That will depend upon a variety of factors, prlmerlly upon whethar hearings or a lrlel will be necessary, the time and effort required, the nature end complexity of the Issues Involved end the degree of cooperation afforded by your spouse end your spouse's attorney. Similarly, we cannot guarantee the results that will be obtained, particularly since no one can predict what a court may do In a pertlcular case. On some occasions, a Court will order olle spouse to pay all or pert of the other spouse's fees. Sometimes, tha Court makes no order for fees and costs. Because fees and costs awerds are totally unpredictable, Court orders must be considered to be merely .on eccount., and you ara primarlly tleble for payment of the total fee. Of course, amounts received pursuant to a Court Order will be credltad to your account. We will, of course, keep you closely advised of all progress of your case and provide you with copies of all correspondence, pleadings, end other documents. We understand that In matters of this nature, urgent circumstances may arise which may necessitate your talking to your ettorney Immediately. We, therefore, have made a slrong commllment to respond to all of your Inquiries as soon as possible. However, understandably there are occasions when wa are not Immediately available beceuse of commitments to other cases. In such Instances, our assistants are given Instructions as to how to reach us or enother attorney In our office. You should never hesitate to ask us questions, which wa always welcome. You have the right 10 ternnlnate our services at any lime, for any reason. As stated above, wa reselVe the right to terminate the representation upon your failure to pay our fees, and reimbursable expenses within thirty (30) days of billing. We reserve the right to terminate the relationship, for any other reason, upon thirty (30) days written notice to you. We reserve tha right to terminate the relationship Immediately In the event that cause exists under the Pennsylvania Rules of Professional Conduct, which governs attorneys' behavior. You acknowledge that I have made no guarantee regarding the disposition of any phase of your case. All my expressions relative to your case ere only my opinion. Please date and countersign this agreement and a copy so that we will hava a mutuel memorandum of our understanding. You should retain a copy for your file. Floyd N. King August 26, 1991 Page 3 Thank you for your cooperation, end I look forward to working with you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER 1~~tlPJh Kelrsten L. Walsh KLW:mh:100139 I HAVE READ THE FOREGOING LETTER AND I AM IN AGREEMENT WITH THE CONTENTS THEREOF, Dated: 97~~9 ..}i'ljd '1L ldJ~ ' Floyd N. King EXHIBIT" B" Floyd N. King October 23, 1997 Page 2 Finally, to follow up on my letter of October 15, 1997, you will need to setlsfy your outstanding balance by Monday, October 27, 1997 or I will be unable to accompany you to tha support conference scheduled for October 31". At this point you hava three options. If you satisfy your outstanding balance by October 27, 1997 I can attend the support conference and continue to represent you In that respect of your domestic relations case. Next, If you stili want this firm to continue representing you, but cannot satisfy your outstanding balance, you can attend the support conference alone (which Is perfectly acceptable) and I will have you sign a waiver regarding my appearance. I have enclosed such waiver herein. If you choose to attend the conference alone, please sign and return this document to me no later than Monday, October 27, 1997. I would be more than happy to discuss the support conference with you sometime prior tQ It. Finally, If you are not willing to attend tha support conference alone and cannot satisfy your outstanding balance, I will have no choice but to withdraw from your case with respect to support. Please let me know what your preferred course of action Is no later than Monday, October 27,1997 or I will have no cholca but to withdraw. If you have any questions, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:kkm:102366 Enclosures JERRY R DUFFIE RIC~O W. 5TEW^RT C. ROY WEIDNER. Ill. EDMUND G. MYEJU D^VID W. D.LUCE RALPH II. WRIGHT, Ill. D^VID I. L^N~ JOSEPH L HITCHINQ MAAK C'. DUFFIE KEIJUTEN L. W^UH L^W OFFICB JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 11043.0109 ,..n~ ,. (\~r.H' l .. HORACE ^ IOHN~ON Or COUNUL T1!LEPHONE 717.761.4540 F^CSIMILE 717.761.]015 I-MAIL mlll0Jd,..com October 31,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Re: Floyd N. King v. Carol A. King Dear Floyd: I received a telephone call this morning, October 31, 1997, from Judge Sheely's sacretary. Apparently, Carol has Indeed flied a Petition for Special Relief, requesting that she ba permitted to take Adrien with her 10 Texas when she leaves In November. A hearing has been scheduled for Friday, November 7, 1997 at 10:00 a.m. I am enclosing the Petition herewith. Obviously, we will need to meet In advance of that data In order to prepare for the hearing. Prior to doing that, however, I will need you to satisfy your outstanding balance with this firm, and pursuant to the terms of our fee agreement, provlda me with an additional retainer of $1,000.00. Please contact me Immediately upon receipt of this letter, so that we may discuss the contents herein. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:mh:102774 Enclosure IERRY IL DUFFIE RlCfWl.D W. 5TEWAAT C. ROY WEIDNER. IlL EDMUND G. MYEIU D^VID W. D,LUCE RALPH H. WRIGHT, IlL D^VIO I. L^N~ l05EPH L. HrrCHINQ MNlK C. DUffiE KEIIUTEN L. WN..5H L^W OfflCE5 f , LEe 0 P V JOHNSON, DUFFIE, STEWART & WEIDNER ^ Prole.slonal Corporation 301 MARKET STREET HOMC! ^ lOHN50N P. O. BOX 109 0, COlIN... LEMOYNE, PENNSYLVANIA 170~3.0109 T1!LEPHONE 717.761.4510 F^GSIMILE 717.761-J015 I. MAIL mIIIOJd.w.com November 14,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Ra: Floyd N. King v. Carol A. King Dear Floyd: .,.~~~'V'blll.N~~9~"IiI .,~:;~ ~~lloIJ"KtW_MlI'I4I-~~~~\A.. ~~~....,it'~~(If''tIGI''r ~Jr8'.1A.~ ~~~..t~~"".iII,*~I*\I~~__~ ~~ CilW'~.Ii04~~ ~.'~~r ~~'.I~~I\>>'.~ JlIlloeU\flft\\'I..... rile ~_~'(..l~~'<'l!!t_~-.r~\fiol~, As I am sure you know, you have a substantial outstanding balance with this firm. As I have mentioned to you In numerous pieces of prior correspondence, you will need 10 satisfy that balance In full, and pursuant to the terms of our fee agreement, provide me with an additional retainer before any further action can be taken In your case. Your custody hearing Is scheduled for Monday, December 15, 1997. We will need several weeks to prepare for that hearing, and therefore, I will need for you to satisfy your outstanding balance, and provide me with an additional $1,000.00 retainer no later than Friday, November 21, 1997. I will have no alternative but to withdraw from your case entirely If your balance Is not satisfied by that time. Please contact me upon your receipt of this letter so that we may decide how best to proceed. I hope that Carol's move to Texas went smoothly and I hope you were able to visit with Adrlen whtle you were down there. As I mentioned before, It Is absolutely Imperative that you keep In close contact with Adrlen while he Is In Texas and away from you, I look forward to hearing from you In the very near future. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:mh:103317 , >:- '" -- r c: t- +--;: , " .. c_ , f:" L;. L- t: . " . (",. LZ- ; , , - . ,-. - l .~ --, (,) (;~ '-' FLOYD N. KING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 97-5162 CIVIL TERM CAROL A. KING, CIVIL ACTION - LA W Defendant CUSTODY PRE-HEARING MEMORANDUM TO THE HONORABLE KEVIN A, HESS: AND NOW comes Defendant, CAROL A. KING, and through her counsel, ROBERT PETER KLINE, ESQUIRE, hereby files the following pre-hearing memorandum in preparation of the custody hearing scheduled for Monday, December 15, 1997: I, Summary of the Case, The parties separated in August 1997. They are the parents of one child, ADRlEN GIOVANNI KING, whose date of birth is December 22, 1993. Defendant has two other children from prior relationships who also reside with her. Father serves in the United States Marine Corps and is stationed at the Defense Distribution Center at New Cumberland. Mother is a !light attendant with United Airlines. While together, the parties resided in on-base housing. Mother now lives in an apartment in the Dallas/Fort Worth area of Texas, where Adrien shares a bedroom with his half-brothers. Father presently resides in a one-bedroom apartment in Harrisburg. Mother is presently in a better position to provide a stable home and family life for this child. Furthennore, she has also been the primary caregiver for this child throughout the majority of his life. Father's lifestyle is presently unsettled and it would be difficult for Father to provide a stable and nurturing home for this child. Furthemlore, the child's best intere:st would be served by allowing him to remain with his half-siblings. II, Witnesses. The following is a list of witnesses presently intended to be called on behalf of the natural mother. Defendant may add additional witnesses as new circumstances come to light and hereby reserves the right to do so. As soon as any new witnesses have been identified, the Court and Plaintit'rs counsel will promptly be notified. I. Carol King, 2801 W. Walnut II ill Lane, No. 1004, Irving, TX 75038 (mother): Carol King will testify as to the history of custody in this matter, the nature of her relationship with her children and her husband, the relationship between her three children, her present residential and employment status, her elTorts to enroll Adrien in Head Start and speech therapy classes, and her concerns should Floyd King be granted primary physical custody of Adrien. 2. Judith Jackson, 144-G Garden Avenue, New Cumberland, PA 17070 (former neighbor): Judith Jackson, fomler neighbor at the former New Cumberland Army Depot, will testify as to her observations of the relationship between Carol and her children, and between Floyd and Adrien. She will also testify as to her ohservation of Floyd King's behavior since separation, including his drinking. 3. Angela Benson, 139-F Garden Avenue, New Cumberland, PA 17070 (former neighbor): Angela Benson, also a neighbor of the parties at the former New Cumberland Anl1Y Depot, served as a babysitter for the children on numerous occasions. Shc can provide testimony regarding the relationship of each parent with the children, as well as specilic factual testimony regarding Floyd King coming to her home unannounced to pick up the children on one occasion, and his failure to show up tf\ pick up the children at an arranged time on other occasions. 4. Rickie Benson, 139-F Garden Avenue, New Cumberland, PA 17070 (former neighbor): Rickie Benson, the husband of Angela Benson, will provide testimony regarding the children's relationship with each other while in his home, the relationship of each parent with the children, and specific testimony regarding the lather's behavior post-separation. 5. Carol Stascyzk, 144-C Garden Avenue, New Cumberland, PA 17070 (former neighbor): Carol Stascyzk, former next door neighbor of the parties at the former New Cumberland Army Depot, will testilY regarding her observations of each parent and Iheir relationship with the child during the time that she lived n~xt door to thc partics. Shc will also provide testimony regarding statemcnts of the children regarding their parents and the necessity to contact police and/or security on a numbcr of occasions when Floyd King allowed the childrcn 10 play outside unsupervised whilc he was inside slccping. III, Proposed Resolution. Mothcr proposes that the parties share legal custody of ADRIEN GIOVANNI KING; that Mother have primary physical custody of the child; and that Father have liberal, yet reasonable, periods of partial custody and/or visitation. Mother's current employment as a night attendant provides her with the opportunity to provide transportation to facilitate partial custody and/or visitation at little or no cost, as long as Father is willing to meet her at local airports to which she flies and which are served by United Airlines, such as VWI and Dulles. Furthermore, during prior separations of the parties, Father has traveled to visit the child at the home of the Mother and such arrangements may be considered by Mother at this time, as well. Other than these suggestions, Mother has no specific schedule for Father's partial custody and/or visitation to propose. Respectfully submitted, e Dee: 1'l'l9- DATE (~V\{Q '~ ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attomey for Dcfendant . . .' .~~/NOij 03 19'JI 1./ Johnson, Duffie, Stewart & Weidner By: Keirstcn L. Walsh !.D. No. 78243 30 I Market Streel P. O. Box 109 Lemoync, Pcnnsylvania 17043-0 I 09 (717) 761-4540 Allomeys for Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5162 Plaintiff v. CAROL A. KING, CIVIL ACTION - LAW CUSTODY Defendant ORDER OF COURT AND NOW, this day of ,1997, it Is hereby Ordered and Decreed that Plaintiffs Motion to Vacate Order Is granted and the haarlng on the Petition for Special Relief Is cancelled. BY THE COURT: J. 6. The Temporary Order provides thai the parties are to share custody of the minor child on an equal basis, wllh Defendant to have the child from Sundays at 7:00 p.m. until Thursdays at 12:00 p.m., and Plaintiff to have the child from Thursdays at 12:00 p.m. until Sundays at 7:00 p.m. 7. Because of Defendant's thraatened relocation to Texas with the child, the Temporary Order prohibits either party from removing the child from the State of Pennsylvania, at least until the hearing scheduled for December 15, 1997. e. On or about October 31, 1997, Defandant filod a Patlllon for Special Reilef seeking to remove the minor child to Texas when she relocates on or about November 10, 1997, alleging that Plaintiff Is unable to provide care for the minor child. 9. At no time during the custody conciliation did Defendant express a concem about Plaintiff's ability to care for and parent the minor child, and paragraph eight (6) of the Conciliator's Conference Summary Report states that there was no request for a psychological evaluation or counseling, nor was such an evaluation or counseling believed necessary by the Conciliator. 10. No where In Defendant's Petition did she mention the fact that a half day hearing has already been scheduled for December 15, 1997 by the Honorable Kavln A. Hess. 11. Defendant's allegations regarding Plaintiffs ability to provide care for the minor child, as expressed In her Petition for Special Relief, filed on October 31, 1997, have only matariallzed approximately a week and a half subsequent to her decision to reloo;ate to Texas. 12. Plaintiff appreciates the fact that Defendant desires to relocate to Texas and despite the Temporary Order has agreed to permit the minor child to spend three (3) weeks in Texas with the Defendant prior to the hearing scheduled for December 151h, provided that the child can spend two (2) weeks In Pennsylvania with him prior to the December 15"' hearing. 13. A hearing on the Petition for Special Relief filed by the Defendant has been scheduled for Friday, November 7, 1997 at 10:00 a.m., which hearing will necessarily Involve the Identical Issues scheduled to be heard on Decembar 15, 1997, and which hearing will In essence be the custody/relocation hearing schaduled for one-half of a day on December 15,1997. 14. Plaintiff Is not prepared to proceed with a custody/relocation hearing on five (5) days notice. 15. Plaintiffs attorney has among other things, a support conference in an unrelated matter scheduled for Friday, November 7, 1997 at 9:00 a.m., and a Master's Hearing in an unrelatad matter scheduled for Monday, November 10, 1997 at 8:30 a.m. WHEREFORE, for the above referenced reasons, Plaintiff Is requesting that the Ordar schadullng the hearing on Defendant's Petition for Special Relief for November 7, 1997, be vacated, in order to permit the Custody Hearing scheduled for December 15, 1997, to take place as previously scheduled. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~Vl rdWCe--'i0 Kelrsten L. Walsh :102842 VERIFICA TION I, Kelrsten L. Walsh, Esquire, attornay for Floyd N. King, do verify thai the statements made In the foregoing Motion to Vacate Order are true and correct to the best of my knowledge, Information and belief. I understand that false statements made herein are subjact to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date:-1I- -:-5 ~qY') (~ Kelrsten L. Walsh ., EXHIBIT "A" FLOYD N. KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 97.5162 CIVIL TERM CAROL A. KING, Defendant CIVIL ACTION - LAW ORDER AND NOW, this /?:tJ.; day of (Qc:tirt~ , 1997, upon receipt of the Conciliator's Report, It Is hereby ordered and directed as follows: 1. All prior Orders entered in this case are vacated, 2, A hearing is scheduled for the IS;II., day of J2) ~e~^" , 1997, at q: 00 o'clock -A-.M., in Court Room Number -#- of tha Cumberland County Court House, Carlisle, Pannsylvania. Both parties, through counsel, will provido each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with e statemant as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter, 3. Pending said hearing, the parties shall have custody of the minor child, Adrien Giovanni King, d.o.b, December 22, 1993, In accordance with the following schedule: A, Mother shall have the child from Sunday at 7:00 p,m, until Thursday at 12:00 noon, B, Father shall have tha child from Thursday at 12:00 noon until Sunday at 7:00 p.m. 4, Nelthar party shall remove tha child from tha State of Pennsylvenla. 5, Tha pBrties recognize that this Order is entered on a temporary basis and in no way should prejudice either party's rights from raising claims for primery custody of the minor child. 6, Such other times as the perties may agree, BY THE COURT, /s/ 1'&-":". a... }bw..I KEVIN A. HESS, J. Kairsten L. Walsh, Esquire Robart P. Kline, Esquire mlb . . . . ~ '. . T:'~.'~ Cf)PY FROM RECORD I!, i ',r r.l!'J . ;1 r :r.~. 11m" 1.1"1" ,. t my hand ~.Id lli~ sc~1 of sa'd Court at Curlisk. i'a. lhi~ ...I..'1~ dJY of..~.:..., 19.9.1 ."""".~.,..f\.p~~!:~.~- 6. The Plaintiff's position on custody is as follows: Plaintiff, Father, is in the military and is stationed at New Cumbarland, He beliaves that the child should remain with him primarily subject to periods of pertial custody with the Mothar in accordance with her travel schedule, Father believes that ha is better able to continue a nurturing relationship with the child and believes that the child should be with him primarily, 6. The Defendant's position on custody is as follows: Defendant intends to relocate to Dallas, Texas. Tha Mother is a flight ettendant. She has resided with the Father and the minor child here in Pennsylvania for approximately a year as a result of Father being relocated to Pennsylvania. She wants to move back to Dallas, Fort Worth, because she has family there. She currently has two other children residing with her. 7. Need for separate counsel to rapresent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessery, 9. A hearing in this matter will take one-halt day. 10. Other matters or comments: This is a relocation case, Mother and Father resided in New Cumberland as e result of the Father's military commitment. Mother has two other children who ere not the children of tha Father. Tha partlas separated in August and Mother wants to go to Dallas, Fort Worth, where her ~ family Is primarily situated, Mother is a flight attendant and hea tha ability to use the United Airlines which can be used to accommodata the ultimate custodial arrangemant set up in this case. Father ralates that he has a military commitment in New Cumberland for two years. This should occur until October of 1999. He relates that he intends to move to Indiana when that expires. This court needs to enter an Order based upon Mother's relocation to Dallas, Fort Worth, and Father's location hera. Since it is the Mother's intention to relocate, she will hava to carry the burden of proof in this case to show that the relocation is in the best interest of the child and will ensure that the child continues the relationship with the Father, Date: October 9, 1997 I.L Michael L. Bangs Custody Conciliator .. I I \ \ \ \ \ , l-(' I: I^W OFFICES JOHNSON. DUFFIE, STEWART I.l WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 . ROBERT p, KLINE, ESQUIRE 331 BRIDGE STREET, SUITE 350 P,O. BOX 461 NEW CUMBERLAND. PA 17070-0461 '_"', ,-'-"'.-~: "I..' _...__~~,~;:;:.,>",..t.~~j.>,.,;.,>:."..,J.'~-'~ ---. ,,......~. -,- ,- ...t~.,.. "...>jf..... ~ , .' " , i , , of' '. , j."- . ,- 'I ;.;..:-~ ---;--1--"___--.'" - ....-... I^W OFFICES JOHNSON, DUFFIE, STEWART ~ WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 It KEIRSTEN L WALSH ESQUIRE JOHNSON DUFFIE STEWART & WEIDNER 301 MARKET ST PO BOX 109 LEMOYNE PA 17043-0109 I ':/thlV 0 :.l m7 Johnson, Duffie, Stewart & Weidner By: Keirsten L. Walsh J.D. No. 78243 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Floyd N. King Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 97-5162 FLOYD N. KING, v. CAROL A. KING, CIVIL ACTION - LAW CUSTODY Defendant ORDER OF COURT AND NO~ this day of ,1997, It Is hereby Ordered and Decreed that Plaintiffs Motion to Vacate Order Is granted and the hearing on the Petition for Special Relief Is cancelled. BY THE COURT: J. I ~ III 0 0 !: ~ ) = ~ I%l j E ;. J ~ ; ~ >l i . ~ ~ ~.. ~ 5 ~ ~ " o g.. i! ~ r;... . ) ~-~~" . . ~ 1; 1 : . '. ,~ . :. .. FLOYD N, KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 97-5162 CIVIL TERM CAROL A, KING, Defendant CIVIL ACTION - LAW ORDER AND NOW, this /1-t:t;' day of ~ (lTUlPd ,1997, upon receipt of the Conciliator's Raport, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case are vacated. 2. A hearing is scheduled for the ~t'-MnitW, 1997, at ?:(rO , I$~ij day of o'clock -4-.M" in Court Room Number ---i- of the Cumberland County Court House, Carlisle, Pennsylvania, Both parties, through counsel, will provida each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. 3. Pending said hearing, the parties shall have custody of the minor child, Adrien Giovanni King, d.o.b. December 22, 1993, in accordance with the following schedule: .. ':/ (I"' (r'; I" ,/ >' ,I ell .' - (;1_ . j l~ ,. A, Mothar shall have the child from Sunday at 7:00 p,m, until Thursday at 12:00 noon. B. Father shall have the child from Thursday at 12:00 noon until Sunday at 7:00 p.m. 4. Neither party shall remove the child from tha State of Pennsylvania. 5, The parties recognize that this Ordar is entered on a temporary basis and in no way should prejudice either party's rights from raising claims for primary custody of the minor child. 6, Such other times as the parties may agree, BY THE COURT, i Keirsten L. Walsh, Esquire Robart p, Kline. Esquira - (1~4"rn~.& IO/:t~'17' ~u . A.~ mlb 5. The Plaintiff's position on custody is as follows: Plaintiff, Father, is in tha military and is stationed at Naw Cumberland, He believes that tha child should remain with him primarily subject to periods of partial custody with the Mother in accordance with her travel schedule. Father beliaves that he is better able to continua a nurturing relationship with the child and believes that the child should ba with him primarily, 6. The Defendant's position on custody is as follows: Defendant intends to relocata to Dallas, Texas. The Mother is a flight attendant, She has resided with the Father and the minor child here in Pennsylvania for approximately a year as a result of Father being relocated to Pennsylvania. She wants to move back to Dallas, Fort Worth, because she has family there. She currently has two other children residing with her. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for ,ndependent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will taka one-half day, 10. Other matters or comments: This is a relocation case, Mother and Father resided in New Cumberland as a result of the Father's military commitmant. Mother has two other children who are not tha children of the Father. The parties separated in August and Mother wants to go to Dallas, Fort Worth, where her family is primarily situated. Mother is a flight attendant and has tha ability to use the United Airlines which can ba IJsed to accommodata the ultimata custodial arrangement set up in this case. Father ralates that he has a military commitment in New Cumberland for two years. This should occur until October of 1999. He relates that he intends to move to Indiana when that expires. This court needs to enter an Ordar based upon Mother's relocation to Dallas, Fort Worth, and Father's location here. Since it is the Mother's intention to relocate, she will have to carry the burden of proof in this case to show that the relocation is in the best interest of tha child and will ensure that the child continues tha ralationship with tha Father, Date: October 9, 1997 (M. Michael L. Bangs Custody Conciliator J(,Cl: 1q97 L6b~ ? lJ8 (..\\\, (llll( ,.... IfRRY R DUFFIE RICfl^RD w ~ nW^R T C ROY WflDNER. IR f:DMtlND G MYER" [)AVID W OrL!ICr R^,PfI H WRICIlT. IR [MVID I LANZA IOSfPl1 L HITCHINC~ M^RK C OUFFlf. JOHNSON, DUFFIE, STEWART & WEIDNER ^ Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 1704}-0109 HORAcr ^ IOtlN':.ON 0' COtlN'IlL nLEPHONE 717.761.4540 f^CSIMILE 717-761.1015 E.MAIL m.IIOld.w.com October 10, 1997 VIA FACSIMILE & MAIL Richard J. Pierce, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Floyd N. King v. Carol A. King No. 97.5162 Civil Term Custody Dear Mr. Pierce: This office represents Floyd King in connection with a custody mailer. On September 29, 1997, Floyd and I, togother with Carol King and her attomey Robert Kline, met for a custody conciliation with Attorney Michael Bangs. A Temporary Order was entered at the conclusion of that conciliation, however, the maller Is being referred to you for the scheduling of a hearing. It Is my understanding that Mr. Bangs has requested this hearing be scheduled some time in December of this year, and I am writing to notify you In advance of one conflict that I have in my schedule for tha month of December. I will be out of the State of Pennsylvania from December 23, 1997 until January 1, 1998. Therefore, I would appreciate It if you could avoid scheduling the hearing during those dates. If you have any questions, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER G6::tvWVl ~L()&, Keirsten L. Walsh KLW:mh:101897 cc: The Honorable Kevin A. Hess Floyd N. King , . Ii" . " .' .' . . ' , Johnson, Duffie, Stewart & Weidner By: Kcirstcn L. Walsh J.D. No. 78243 301 Markct Strcct P. O. Box 109 LCI1111ynC, Pcnnsylvania 17043-0109 (717) 761-4540 S FP i'~ 1997JIVI Allomcys for Plaintiff, Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9'7- ~/(.J. C,i.,r'('tci2../o'I CIVIL ACTION - LAW Plaintiff v. CAROL A. KING, Defendant ORDER OF COURT AND NOW, this ~O day ofy~p\-e",,6('r, 1997, upon consideration of the attached Complaint, It Is hereby directed that the parties and their respective counsel appear before rY\Wr\ ,,\, S, 1'\('\("'1 F.\fI., the Conciliator, at ,7,QW. M1\(\,\\ I \'1C"(I'll1I( "h iCI.on " "\" J the ~ day of (), \Cl\-::-.,C:- r ,1997, at \ \: DO A.M. for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the Issues In dispute; or If this cannot be accomplished, to define and narrow the Issues to be heard by the Court, and to enter Into a temporary Order. Either party may bring the child who Is the subject of this custody action to the conference, but the child/children's attendance Is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: Dl.\a1 llffi J\. ~ 11JY'iT'~. Custody Conciliator (11:;l. ) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 . ... . r:L :':) C:~,--:'~~~ C,- I;' ',' \'I~_\"'Y , ,',''.:' en C'J:':1 'I~J' i . ~. C:') . L, '<0 .:, to .l.., CL", . . I",f"' '_',: :""[\1 Iii ~ \ ;.. '0: I' ~., _ ': ,'" i I L.",. 1~'J L,',-., ',1,\ ~ Xl.?,? tJ,ll~ 1.1I~.L-/ to ;;4 kkL/ f J()Y') I~{ 1",..Jd Z ~LI. ~. 3t> 9 . 1 -//7 - . ) I" A,~I 7l a?j ~-1fr . . Johnson, Duffie, Stewart & Weidner By: Kcirsten L. Walsh 1.0. No. 78243 301 Market Street P. O. Box 109 Lemoyne. Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff, Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. crt- $'If-~ GuJ7ctUrj Plaintiff v. CIVIL ACTION - LAW CAROL A. KING, Defendant COMfJt.AINT FOR CUSTODY 1. The Plaintiff Is Floyd N. King, who is currently residing at 28 Center Drive, Camp Hili, Cumberland County, Pennsylvania 17011. 2. The Defendant Is Carol A. King, who is currently residing at 1440 Garden Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks custody of tha following child: Adrian Giovanni King, age 3, whose dale of birth Is December 22,1993. 4. The child was not bom out of wedlock. 5. The child Is presently In the custody of Defendant, who resides at 1440 Ganden Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 6. Durlng the past five (5) years, the child has resided with the following persons at the following addresses: Al Datu Birth - 4/95 Location Kaneohe Bay, HawaII With Whom Petitioner, Respondent, Respondent's 2 other children: Jeremy Collins, age 7 and Bruce Ashton Rogers, age 5. B) 4/95 - 8/95 Santa Blanca, CA Respondent, Respondent's 2 other children, and matemal grandfather. C) 8/95 - 10/95 Petltionar. Kaneohe Bay, HawaII D) 10/95 -11/95 602 W. VanBuren Colombia City, Indiana Patemal grandparents, Diane and Jenry King. E) 11/95 - 3/96 Escandido, CA Respondent, Respondent's 2 other children. F) 3/96 - 8/25/97 1440 Garden Ave. New Cumberland, PA G) 8/25/97 - 8/27/97 28 Center Drive Camp Hill, PA H) 8/27/97 - present 1440 Garden Ave. New Cumberland, PA Petitioner, Respondent, Respondent's 2 other children. Pelllioner, Kevin Warren, Anlkl Warren, Dominique Warren (friends). Respondent, Respondent's 2 other children. 7. The natural mother of the child Is Carol A. King. She is married to the Plaintiff, Floyd N. King. 8. The natural father of the child is Floyd N. King. He is married to the Defendant, Carol A. King. 9. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Kevin, Anlkl, and Dominique Warren, who are frlends of Plaintiff. 10. The relationship of Defendant to the child Is that of natural mother. The Defendant currently resides with the following persons: her 3 minor children, Jeremy Collins, Bruce Ashton Rogers, and Adrien King. 11. Plaintiff has not partlclpatad as a party or a witness, or in another capacity, in other litigation concerning the custody of the child In this or another court. 12. Plaintiff has no Information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best Interest and pernnanent welfare of the child will be served by granting the relief requested because: A. The parties separated on August 25, 1997. At that time, Defendant told Plaintiff that if he .dld not take all three children. (referring to Defendant's 3 children, only one of whom belongs to Plaintiff) with him when he left, then he "would never ~ee any of them again: Plaintiff subsequently took his minor child and left the marital home. B. On or about August 26, 1997, Plaintiff sought legal advice to secure custody of his minor son. C. On or about August 27, 1997, Plaintiff returned to the marital home with the child and Defendant forcibly grabbfld the child, locked him In the house, and precluded Plaintiff from leaving with the child. D. Defendant has precluded any and all meaningful contact between Plaintiff and the minor child since approximately August 27,1997. E. Plaintiff has repeatedly attempted to work with Defendant in order to develop a mutually acceptable custody arrangement, to no avail. F. Defendant has repeatedly threatened to remove the minor child from the State of Pennsylvania without any advance warning. Defendant Is a flight attendant with United Airlines and as such, enjoys complimentary airline tickets for herself and for her children. Therefore, Defendant has the ability to follow through with her threats of relocation, and Plaintiff Is concemed that Defendant will Indeed unilaterally remove the child from this jUrlsdlctlon. G. All of Defendant's family is located outside of Pennsylvania. More specifically, Defendant's family Is located primarily In Louisiana, Texas, and California, and it is Plaintiff's belief that Defendant will remove the child to one of the above statas. H. Defendant's threatened behavior Is not In the best Interest of the minor child. I. The Plaintiffs relationship with his son should be preserved and nurtured; J. The Plaintiff is able to provide for the child's physical, Inteilectual, and emotional wellbeing: K. The Plaintiffs presence as a fit parent through affection, guidance, companionship and discipline Is crucial to the minor chilci':j emotional wellbeing: L. The Respondent's actions hava completely ailenated and precluded father from maintaining a relationship with his son. 15. Each parent whose parental rlghts to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that the Court grant custody of the child to him. JOHNSON, DUFFIE, STEWART & WEIDNER By:.~t(JL'v-lr:>V)MUr.~ Kelrsten L. Walsh :101127 VERIFICA TION I, Floyd N. King, do verify that the statements made In the foregoing Complaint for Custody are true and correct to the besl of my knowledge, Information and belief. I understand that false statements made heraln are subject to the penalties of 18 Pa.C.S. ~ 4904 ralatlng to unsworn falsification \0 authorities. Date: 9'1d/J ,~ ~.1 ~<(f '-It l~; tJ1 Floyd N. Kin . () ::r-- ~(i ~ r"l\ \" '>. .:7' I~' ~ ~ (I; IV ,. , ~ ~-: :t. 0"8 B e r.~ ..It'~ ~I/\'; I ',.; '::ll ~ ,-. ,-r: (\.c ~~~ ,,~ c ) ',J I',. .'", 'l;"j ,. ,() ~ )1, J ," ct.. ", ;.", ~ Ljt. N '::~ ~ .' ~~ tj: ..;' n I.;,.) l" : lw.w r. <-. \. ,.. ~ (') l1' ~) " I "Johnson, Duffie, Stewart & Weidner By: Keirstcn L. Walsh J.D. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Allomeys for Plaintiff. Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5162 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. CAROL A KING, Defendant AFFIDAVIT OF SERVICE AND NOW, this 2-('~ day of September, 1997, I, the undersigned, do hereby certify that I am a competent adult, not a party to this action, and thai I did serve a copy of Plaintiffs Custody Complaint, Pelitlcn for Special Relief and Court Order signed by the Honorable Kevin A. Hess, dated September 22, 1997 upon: C~""'- If 10/0/(, Defendant: Date Served: ~il"'Z'~'Mr'" Z:L, 11'11 Time Served: (. . 10 c.'"' Place Served: I-H j) eM""" 4,-", Ni... (~.",.,...""..,,). P'tl Manner of Service: W By personally handing the copy to the named Defendant, after having first ascertained his or her Identity. o By personally handing a copy to an adult member of thll family with whom the named Defendant resides, whose name Is , after having first ascertained his or her identity. o By personally handing a copy to an adult person in charge of the Defendant's residence, whose name is , atler having first ascertained his or her Identity, o By personally handing a copy to the clerk or manager of the hotel, Inn, apartment house. boarding house or other place of lodging at which the named Defendant resides, whose name is o By personally handing a copy to tha agent or person In charge of the Defendant's office or usual place of business, whose name is The undersigned does hereby state that the facts set forth In the foregoing Affidavit of SelVice are true and correct. The undersigned further states that this verification Is made subject to the penalties of 16 Pa.C.SA ~904 relating to unsworn falsification to authorities. /' '~~)/I) ,// (,(' / ~ " ~'--' ~ "--. Signature of Server (~~ / /t(((:,~,,"'rL. J. ({1A.~':;'DY Print Name of Server 301 M4Rj:l2T ~~TTl.~.....r Address of Server t.Ji:MC"'AJ~. PA 17Ccf3 - OIC-' SWORN to and s~bscribed before me this this 2.G.~ day o~",tpr , 1997. r:j)GiJ,G C iQv/~,n.V'\ Notary P IIc - My Commission Expires: Notarial Seal Carta C. Wegnor. Nolary Public Camp HUI Boro. Cumberland County .Iy Commission E,po"s 080. 29. 1997 I Menta"~~oINDtm: (SEAL) :1Ol30S . '" ~ o. ~ ,.. j::.:: .3 . - lU~..;'~ :"_14<t" l .J ~ (.1;~:: --.t l.1-. \'.- .~ :-) ()t:-. r'l' ...,-, ~- " i.0 u...:" (,'oJ -' ~ ::: .-J ~t, 0.. "li"ij ,.. LI,! ~:~~ l/J It_ r- :5 0 C1' U . ,- ~p 221997 " Johnson, Duffie, Stewart & Weidner By: Kcirstcn L. Walsh J.D. No. 78243 301 Markct Strcct P. O. Box 109 Lcmoync, Pcnnsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff, Floyd N. King Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, Q'7-t.'/I..")... ("Ol \ Yrn-YL FLOYD N. KING, v. CIVIL ACTION - LAW CAROL A. KING, Defendant ORDER OF COURT AND NOW, this 2.Z~ day of September 1997, upon consideration of the attached Petition for Emergency Relief, It Is hereby Ordared and directed that Raspondent Is prohibited from removing the minor child, Adrlen Giovanni King, from the State of Pennsylvania until further Ordar of this Court. It is further Ordered and directed that primary physical custody of the minor child shall be returned to Petitioner pending further Order of Court. BY THE COURT, /I J. F'l.EO-O;:FiCE O~ ~. ". -,..... "'1-' 't'''^RY j' I r""'.: ; " , .., ~ ", lIf'4 CJ7SF.p 22 Pti~: 25 ~OOl~ ~d-\u CUi,;;:.:ilw'.'/) CUUNTf f'\ U. \ .,_l'\ \_ PENil:Ji1.'/,I.i\'vi u...""'I \)..IWl.WI flIci..Skd 40 ~. ~ ~ " Johnson, Duffie, Stewart & Weidner 'By: Kcirstcn L. Walsh I.D. No. 78243 30 I Markct Strcct P. O. Box 109 Lcmoync. Pcnnsylvania 17043-0109 (717) 761-4540 Attomcys for Plaintiff, Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, f{"!. !:'Ir...~ {?,,,il k'l."1 CIVIL ACTION - LAW Plaintiff v. CAROL A. KING, Defendant EMERGENCY PETITION TO PREVENT REMOVAL OF CHILDREN FROM JURSIDICA TION PURSUANT TO PA.R.C.P. 1915.13. AND REQUEST FOR IMMEDIATE HEARING AND NOW, comes the Plaintiff, Floyd N. King, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and presents this Petition for Special Relief, and In support thereof avers as follows: 1. The Petitioner Is Floyd N. King, Plaintiff In the above captioned matter. 2. Tha Respondent Is Carol King, Defendant In the above captioned matter. 3. The parties were married on May 20, 1993 In Honolulu, HawaII, and were separated on or about August 25, 1997. 4. There Is one minor child of the marriage, Adrlen Giovanni King, age 3, whose date of birth Is December 22, 1993. Respondent also has two (2) other minor children from previous relationships who were living with the parties: Jeremy Collins, age 7, and Bruce Ashton Rogers, age 5. 5. Plaintiff has filed a Complaint for Custody simultaneously with filing of this Petlllon, and Incorporales by reference the averments In the Complaint. 6. Since the parties' separation, they have not entered Into an agreement with respect to custody, although immediately after their separation, Petitioner contacted his attorneys in order to prepara a Custody Stipulation securing his custodial rights and designating himself as the child's primary custodial parent. 7. On the eve of the parties' separation, Respondent told Pelllloner that if he did not take the Respondent's three (3) minor children (only one of which belongs to Petitioner) with him whan he left, then he would never see any of the children again. 8. When the parties separated, Pelllloner left the marital residence taking the minor child, Adrlen, with him. Approximately two (2) days later, Petitl\Jner returned to the marital home where Respondent was living, and Respondent forcibly grabbed the minor child Adrien, locked him In the parties home, and refused to let Petitioner see the child. 9. Respondent has unilaterally and unreasonably precluded any and all contact between Petitioner and his minor child since then up until present day. 10. Respondent Is a flight attendant with United Airlines and as a benefit of her employment, enjoys free travel privileges on the airline. Those free travel privileges extend to her immediate family as well. Moreover, Respondent's family resides in louisiana, California and Texas, and Respondent has no ties to the Pennsylvania area. 11. Respondent has repeatedly threatened to remove the minor child from the State of Pennsylvania Indefinitely. 12. Petitioner has repeatedly attempted to reason with Respondent in order to reach a mutually acceptable custody arrangement that would be in the best Interest of the minor child. 13. Despite Petitioner's repeated attempts to amicably resolve the situation, Respondent has Indicated that she Intends to leave the State of Pennsylvania with the minor child today, Monday, September 22, 1997. This was indicated to Gunny Stewart, Chief legal Counsel of the New Cumberland Branch of the U.S. Marine Corp., on September 22,1997, who In turn notified Petitioner. 14. Petitioner Is adamantly opposed to such action and has repeatedly conveyed that to Respondent. 15. The minor child has been allendlng the child day care center on the Marine Corp. base, and Is flourishing In his present school arrangement. 16. The child's pediatrician Is Dr. Clark who Is located In the Carlisle Barracks, Carlisle, Pennsylvania, and the child has developed a comfortable relationship with this person. 17. The child has many friends and playmates residing In the Cumberland County area. 18. The Petitioner has had substantial Input Into the minor child's life since his birth, and has a close and loving bond with the child, which he desires to maintain. 19. The Respondent's threatened relocation of the child does not consider the best Interest of the child. 20. The Respondent's threatened relocation of the child will severely disrupt the day to day life of the child, and will Irreparably harm Petitioner's custodial rights. 21. The Respondent has not commenced any proceeding seeking to relocate with the child. 22. The removal of the child against the will of the Petitioner Is not In the best Interests and welfare of the child. 23. The Petitioner will be Irreparably harmed should Respondent remove the child from this jurisdiction. WHEREFORE, Petitioner respectfully requests that an Order be Issued restraining Respondent from relocating with the child outside of this Commonwealth until further Order of this Court, and Petitioner further requests that physical custody of the child be immediately awarded to him. JOHNSON, DUFFIE. STEWART & WEIDNER By: \'/:'OL;}, kh tfLlk'!; Kelrsten L. Walsh :101126 VER/FICA TION I, Floyd N. King, do verify thai the statements mada In the foregoing Emergency Petition are tnua and correct to the best of my knowledge, Information and belief. I understand that false statements made herein ana subject to lIha penaltlas of 16 Pa.C.S. ~ 4904 relating to unsworn falsification to authorltles. Date: 9'/rP9:j ., ~'~~/i IL lIL"9 Floyd N. King . '- [j: c:. ~ ..: C": , . ::)..(.!' n C'1 W-. ....... l)" : ::-: ~> ~!. fEl' oi~ .:.... .;~;~ ~( (". ~;} ~; .. C'.. n. /:~ [t111 j~d l,_, .~! u.. i-.. v. -- I' r- :..) 0 rr U Johnson, Duffie, Stewart & Weidner By: Keirsten L. Walsh 1.0. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff, Floyd N. King FLOYD N. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, CJ7- .s-,~;;, ~ui/ICILM Plaintiff v. CIVIL ACTION - LAW CAROL A. KING, Defendant ORDER OF COURT AND NOW, this WQ) day Of~, 1997, upon consideration of the attached Complaint, It Is hereby directerl that the parties and their respective counsel appear bafore mdtoeQ I. ~' ~:r--' the Conciliator, at ,- b"lli. on the a day of SC h<.U: , 1997, at \ 1:0) ~.M. for a Prehearlng 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. Either party may bring the child who Is the subject of this custody action to the conference, but the child/children's attendance Is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: IS( fYl( dl Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 '., Johnson, Duffie, Stewart & Weidner By: Keirsten L. Walsh I.D. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff, Floyd N. King Plaintiff ~ ~ 8 ~ ~/l :-J "'1::1". l ;1'1 ,. '"'TJ rt'-;.-: -u ,II,J_ ~~:~:" N -d~l IN THE couRt, OF COMMatlf'LEAS OF CUMBERLAND-.cOUNT?f, P~~NSYLVANIA . ',' :JL . ,l'') ..: I: j..' .,n NO. .I' ,.~ " .. .-v :L1 :"! (J I ..... CIVIL ACTION - LAW FLOYD N. KING, v. CAROL A. KING, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff Is Floyd N. King, who Is currently residing at 28 Center Drlve, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant Is Carol A. King, who id currently rasldlng at 144D Garden Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Adrlen Giovanni King, age 3, whose date of birth Is December 22, 1993. 4. The child was not bom out of wedlock. 5. The child Is presently In the custody of Defendant, who resldas at 144D Garden Avenue, New Cumberland, Cumberland County, Pannsylvanla 17070. 6. Durlng the past five (5) years, the child has resided with the following persons at the following addresses: A) .DilU Birth - 4/95 Location Kaneohe Bay, HawaII With Whom Petltlonar, Raspondent, Respondent's 2 other children: Jeremy Collins, age 7 and Bruce Ashton Rogers, age 5. B) 4/95 - 8/95 Santa Blanca, CA Respondent, Respondent's 2 other children, and maternal grandfather. C) 8/95 -10/95 Kaneohe Bay, HawaII Petitioner. D) 10/95 -11/95 602 W. VanBuren Colombia City, Indiana Pate mal grandparents, Diane and Jerry King. E) 11/95 - 3/96 Escandldo, CA Respondent, Respondent's 2 other children. F) 3/96 - 8/25/97 1440 Garden Ave. New Cumberland, PA G) 8/25/97 - 8/27/97 28 Center Drive Camp Hili, PA H) 8/27/97 - present 1440 Garden Ave. New Cumberland, PA Petitioner, Respondent, Respondent's 2 other children. Patltloner, Kevin Warren, Anlkl Warren, Dominique Warren (friends). Raspondent, Respondent's 2 other children. 7. The natural mother of the child Is Carol A. King. She Is marrted to the Plaintiff, Floyd N. King. 8. Tha natural father of the child Is Floyd N. King. Ha Is marrled to the Defendant, Carol A. Klng. 9. The relationship of Plaintiff to the child Is that of natural father. The Plaintiff currently resides with the following persons: Kevin, Anlkl, and Dominique Warren, who are friends of Plaintiff. 10. The relationship of Defendant to the child Is that of natural mother. The Defendant currenUy resides with tha following persons: her 3 minor children, Jeremy Collins, Bruce Ashton Rogers, and Adrlen King. 11. Plaintiff has not participated as a party or a witness, or In another capacity, In other litigation concerning the custody of the child In this or another court. 12. Plaintiff has no Information of a custody proceeding concerning the child pending In a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best Interest and permanent welfare of the child will be served by granting the relief requested because: A. The parties separated on August 25, 1997. At that time, Defendant told Plaintiff that If he 'did not taka all three children. (referring to Defendant's 3 children, only one of whom belongs to Plaintiff) with him when he left, then he 'would never see any of them again." Plaintiff subsequently took his minor child and left the marital home. B. On or about August 26, 1997, Plalnllff sought legal advice to secure custody of his minor son. C. On or about August 27, 1997, Plalnllff returned to the marital hOlne with the child and Defendant forcibly grabbed the child, locked him In the house, and precluded Plalnllff from leaving with the child. D. Defendant has precluded any and all meaningful contact between Plaintiff and the minor child since approximately ALgust 27,1997. E. Plaintiff has repeatedly attempted to work with Defendant In order to develop a mutually acceptable custody arrangement, to no avail. F. Defendant has repeatedly threatened to remove the minor child from the Stata of Pennsylvania without any advance warning. Defendant Is a flight attendant with United Airlines and as such, enjoys complimentary airline IIckets for herself and for her children. Therefore, Defendant has the ability to follow through with her threats of relocation, and Plaintiff Is concerned that Defendant will Indeed unilaterally remove the child from this Jurisdiction. VER/FICA TION I, Floyd N. KIng, do verify that the statements made In tha foregoing Complaint for Custody are true and correct to the best of my knowledge, Informallon and belief. I understand that false statements made herein are subject to the penallles of 18 Pa.C.S. ~ 4904 relallng to unswom falslflcallon to authorities. Date: 9'7t0CJ ~ ~j~r,d '-;( ~~ Floyd N. Kin . FLOYD N. KING I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA V. I I CAROL A. KING I NO. 97-5162 CIVIL TERM I I CIVIL ACTION - LAW ORDER OF COURT AND NOW, thia 5th day of NOVEMBER, 1997, the hearing aet for Friday, November 7, 1997, ie cancelled. The mother ehall have temporary cuatody of Adrien Giovani King until Monday, December 1, 1997. On or before that date, ehe ehall return Adrien to her father who ehall have temporary cuetody until the custody hearing aet before Judge Hesa on Monday, December 15, 1997, at 9:00 a.m. in Courtroom * 4, Cumberland County Courthouee, Carliele, Pa. By the Court, Keireten L. Walah, Eequire For the Plaintiff . - ~~ Robert P. Kline, Esquire 1I/'/~ 7 For the Defendant ~ :eld . ~ 0' ?-: ~ &r. ~~ I"I~ .. :.)~ ':l.o:;: ~y :c 'J;';: ~f- u.. '-':.l C -/:- u: \.D ~:""~? L'- I ,.,1(.., ff'L :~ .-. II.J~ :t. 0 1..:.1 f:: Z ~ r- '3 Q\ U 'f. .,,, i.... ;, . \; LAW OFFICES JOHNSON, DUFFIE, STEWART (J/ WEIDNER 301 Mlrk.. Srre" P. O. 801 109, t.cOloyne. 'enn.ytyonl.'17043.0109 Tel.phonl (711) 161-4540 Tel..~pl.r ('J171 161-3015 . " . . I , , .~ ;~--~~ -"-:::--- \ \ - r"--:'--':':-.:;,", -<:':".,'- 1....... i .~. ~ 11M'of a tot IdlItIcN ....... 11 'Cclrr4HI' _ 3,.... ond 41>. I .PMI yaw rwnI nlddren on !hi mttH of lhII form 10 Ihal WI can return INI _10 you. _AttKh Ihit form to thllJooI of thllI\IIlp.ct, Of on I'" bKk n.... cIoeI not . .e::.'!il..... R_lloquMod'on lho.......... boIow Iho _......-. ti _nw R.um Receipt MlIhow 10 whom IlIIftlc11 '11I''' deIIYered IOd the dale & -.d. 3. MId. Add'..led 10: ;.,l,SLI f<Dter+ r Kline, bt,ulr e r (,. 130)( LJ ID I New (Uy-,b:"1 \c..rc\ e/1 IJ"""CerUfted ( ) ( ") t ) - , t ~ . " .'.:' , <.. ~ i ',::-,J " c. l L . r- :.::; 0' <J ,1 DEe 11l991fP Johnson, Duffie, Stewart & Weidner By: Keirstcn L. Walsh 1.0. No. 78243 301 Markct Strect P. O. Box 109 Lemoync, Pcnnsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff, Floyd N. King Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 00937 S 1997 FLOYD N. KING, v. PACSES Case # 302100007 CAROL A. KING, Defandant OTHER STATE ID # 26983 SUPPORT NO. 97-5454 CIVIL TERM CIVIL ACTION - LAW DIVORCE ,INO. 97-5162 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NO~ this II' day of ~_ __ j...,. . 1997, upon consideration of tha attached Petition, it is hereby Ordered and Decreed that Petitioners' Appearance In the above-captioned matters is hereby withdrawn. BY THE COURT: j.?- 4/L J. -. c; ';\ r':-(- 1 I !,: I',: "'I).~, J 1\\(;1..1 u. I,. lPIr,\'('/L''y'd ~~'" j ('N! o...~ ~(\.J.. ~iJ\J:>CY\~ \\).rJ.~c\\'-' (l~ w.J.J, c .. It Johnson, Duffie, Stewart & Weidner By: Kcirstcn L. Walsh l.D. No. 7M243 301 Markct Strcct P. O. Box 109 LcmoYl1c, Pcnnsylvania 17043-0109 (717) 761-4540 Atlomcys Cor PlaintiCC, Floyd N. Kin!! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 00937 S 1997 FLOYD N. KING, v. PACSES Case # 302100007 CAROL A. KING, Defendant OTHER STATE 10 # 26983 SUPPORT NO. 97-5454 CIVIL TERM CIVIL ACTION - LAW DIVORCE NO. 97-5162 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE 1. On November 21, 1997, Petitioners, Johnson, Duffie, Stewart & Weidner, mad a Petition to Withdraw as Counsel for Respondent, Floyd N. King, In the above.captioned matters, citing non-payment of legal fees and failure to maintain communication as causatlva. (Attached as Exhibit oAo Is the Petition to Withdraw.) 2. On November 25, 1997, Judge Hess issued a Rule to Show Cause upon all parties why Petitioners should not be 9ranted permission to withdraw as counsel from the above-captioned matters, returnable within ten (10) days after seNice. (Attached as Exhibit "BOis the Rule to Show Cause.) 3. Pelilioners selVed tha Rule to Show Cause upon all partlas via certified mall on December 1, 1997. (Attached as ExhlbltOCOls the Certificate of Servlca.) 4. The ten (10) day period within which to object to Petilioners' withdrawal has elapsed, and neither party has objected to Petilioners' withdrawal. 5. Thare Is a custody hearing scheduled for December 15, 1997. Petitioners have repeatedly notified the Respondent that they would not be able to attend the hearing unless Respondent salisfied his outstanding balance In full and also provided an additional retainer, as evidenced by the attached letters marked collectively as Exhibit 00: 6. To date, Respondent has failed to satisfy his outstanding balance and has failed to provide an addilional retainer to Pelitioners. WHEREFORE, Petitioners respectfully request that they be granted permission to withdraw from the above.captioned action. Respectfully submitted, JOHNSON. DUFFIE. STEWART & WEIDNER BY:~Wht~ e!l~ Keirsten L. Walsh :104269 ,. C': j:" . 1:' , r-' C l'.~ t i . l.;' L'. ", '.. I Co ( I , r - t.:.' , " ,... ,._, " EXHIBIT IIA" " .. CC co [P1t Johnson, Duffie, Stewart & Weidner By: Kcirsten L. Walsh 1.0. No. 78243 301 Markel Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff, Floyd N. King Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 00937 S 1997 PACSES Case # 302100007 FLOYD N. KING, v. CAROL A. KING, Defendant OTHER STATE 10 # 26983 SUPPORT NO. 97-5454 CIVIL TERM CIVIL ACTION - LAW DIVORCE NO. 97-5162 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of , 1997, upon consideration of the attached Pelitlon, It Is hereby Ordered and Decreed that Petitioners' Appearance In the above.captloned matters Is hereby withdrawn, BY THE COURT: J. '. Johnson, Dume, Stewllrt & Weidner By: Kcirstcn L. Walsh J.D. No. 78243 301 Markct Street P. O. Box 109 Lcmoync, Pennsylvania 17043.0109 (717)761.4540 Attorneys for Plaintiff, Floyd N. King Plaintiff (') ..0 0 ~ -.J ., -r::1" '1 "j lJ)f" ~'.. .~ ;'~! ~;:,' f'.l -. :"1 tr:: : 1:1 i~: :..J- . J :') .~.' ."., ti-f1 "r"' ...... ,_,:1.\ -'., 0.10 .") IN THE COURT OF cd~MoN ~ilEA5~F CUMBERLAND COUN'Q!, PIffiNSy'!-VANIA DOCKET # 00937 S 1997 FLOYD N. KING, v. PACSES Case # 302100007 CAROL A. KING, Defendant OTHER STATE ID # 26983 SUPPORT NO, 97-5454 CIVil TERM CIVil ACTION - LAW DIVORCE NO. 97-5162 CIVil TERM CIVil ACTION - LAW CUSTODY PETITION TO WITHDRAW AS COUNSEL Your Petitioners, Johnson, Duffle, Stewart & Weidner, attorneys for Floyd N. King, the Plaintiff In the above captioned matters, request permission to withdraw as his counsel from all of the above actions, and aver In support thereof as follows: 1. On August 27, 1997, Respondent Floyd N, King retained Petitioners In connection with a domestic relations matter, A copy of the Fee Agreement signed by Respondent Is attached hereto and marked as Exhibit "A." 2. At Respondent's request, In August of 1997 Petitioners prepared a Separation Agreement for Respondent. '. 3. At Respondent's request, on September 22, 1997, Petitioners flied a Complaint for Custody and an Emergency Petlllon for Special Relief for Respondent, docketed to No. 97-5162 Civil Term, and also attended an Expedited Custody Conciliation on Respondent's behalf, 4, At Respondent's request, on October 6, 1997, Petitioners filed a Complaint In Divorce on his behalf, docketed to No. 97-5454. 5. Additionally, a Complaint In Support was filed by Respondent on or about October 6, 1997, docketed to #00937 S 1997. 6. Since August of 1997, Patitloners have been rendering legal services on behalf of the Respondent. 7, As of November 7, 1997, Respondent's outstanding legal fees are In excess of $2,000.00. 8. The above referenced fee agreement states "we [Petitioners] reserve the right to terminate our attomey/cllent relationship for nonpayment of fees and costs." 9. On October 23, 1997, October 31, 1997 and November 14, 1997, Petitioners advised Respondent that they would be unable to continue representing him unless he satisfied his outstanding balance. (A copy of such correspondence Is attached hereto and collectively marked as Exhibit oS.") 10. To date, Respondent has not only failed to satisfy his outstanding legal obligation, but has also failed to make even a partial payment toward his outstanding balance. 11. The Respondent's failure to remit any payment toward such an extensive outstanding balance has caused Petitioners to realize a financial hardship. 12. Moreover, Respondent has repeatedly failed to maintain contact with Petitioners. More specifically, Respondent changed residences and failed to notify Petitioners. Therefore, for approXimately two weeks, Petitioners continued to send time sensitive correspondence to Respondent at his last known address, which apparently had gone unread until Petitioners learned from opposing counsel that Respondent had Indead moved, and Petitioners made arrangements to re.send two weeks of mall to Respondent at a work address. 13. This fallul'e to communicate has strained tha attorney/client relationship to the point where effective representation has become Impossible. 14. Should Petitioners be permitted to withdraw as counsel, Respondent would have sufficient time In which to obtalr, substitute counsel and therefora would not be preJudiced. 15. Notice of this Petition has been given to opposing counsal. Robert P. Kline, Esquire. WHEREFORE, Petitioners respectfully request that this Honorabla Court enter an Order permitting them to withdraw as counsel for the Respondent. JOHNSON, DUFFIE. STEWART & WEIDNER By:~le1~ Kelrstan L. Walsh :102355 EXHIBIT "A" JERIlY R. DUFFIE RICfl^IlD W. nEW^'" T C. ROY WEIDNER, Ill.. EDMUND G. MYEIU D^VlD W. D,LUCE MLPH H WRIGHT, JR.. D^VID I. ~N~ J05EPH L HITCHINGS M^RK C. DUFFIE L^W OfFICE5 JOHNSON, DUFFlE, STEWART & WEIDNER ^ Profelllonal Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 HOMCE ^ IOtfN50N o. COUNUL T1!LEPHONE 717.761.4540 MCSIMILI717.761-3015 I-MAIL mlllt1Jdlw.com August 26,1997 Floyd N. King 1440 Garden Avenue New Cumberland, PA 17070 Re: fee Agreement Dear Mr, King: Thank you for consulting Johnson, Duffle, Stewart & Weidner regarding your domestic relations case. This lettllr sets forth the agreement concerning our representetlon of you and I would appreciate receiving a countersigned copy of this letter. Many years of experience have taught us that tha ettomey client relationship functions b~st when both parties ere fully awara of the scope of the representation and their respectlva obligations. The purpose of this letter Is to set forth, In wrltlng,the arrangements concerning our services and our fee, so that we may avoid any misunderstandings. We have requested a retainer of $250.00, which shall be appllad against the then hourly rate of the attorney perfornnln9 the selVlce. My Initial rate for this case Is $100.00. As we discussed, due to your financial slluatlon, we have agreed to lower the standard domastlc rlllatlons retainer rate with the understanding that you will be billed monthly for all work done on your file. You will be billed for aU time spent on your case Including, but not Umlled to, conferences, telephone calls, pre-trial dlscovary, trial preparation, document drafting, correspondence and pleadings, negotiations, legal research, court time and travel to and from locations away from my office. Your adversary, the opposing attorney or others may engage In ectivltles beyond my control that require time that was not originally contemplated. If this matter has not been concluded within twelve months of the date of this egraement, hourly rates may be adjusted to confonn to my prevailing hourly rates. You will be responsible for all costs that we may Incur on your behalf. These costs Include, but ere not IImUed to, computerized legal rasearch, messengers, experts (Including C.P A., pension evaluators end real astata appraisers) filing fees, service of process fees, depositions, subpoenas and wUness fees, It may be necessery to hava any raal estate appraised, and you will be responsible for that cost. If applicable to your particular slluatlon, It may also be necessary to have a value placed on e business Intarast end, egaln, you will be responsible for that cost. These Uems should be separately Ilemlzed on our billing statemants. llme spent on your file will be charged In minimum Increments of ten (10) minutes. This Includes telephone calls end correspondence, recognizing the time Involved In lelrlevlng tha file, examining the documents or letters required, In edditlon to the time spent to consIder and deal wllh the problem. Wa reserve the rlght to tennlnate our attorney/client relationship for nonpayment of fees end costa. We will bill you periodically and will notify you In advance If It eppears that your relalner has bell(l exhausted. If there Is stili considerable work to be done on your case, you may be esked to replenish your retainer. If, however, your case concludes before the total charges equal the amount of the retainer, you will Floyd N. King August 26, 1997 Page 2 receive e refund of the dlfferance, Any statement for services randered must ba paid within thirty (30) days of receipt of the statement by you. You will be charged Interest at a yearly rate of 12% (1% per month) on any outstanding balance not paid within thirty (30) days. We reserve the right to terminate our attorney client relationship If you do not pay our fees end disbursements within thirty (30) days of billing. This policy Is strictly enforced es we do not think It Is fair to ask clients who pay their bills when due to finance tha legal cost of others who ara delinquent. Unforlunately, It Is Impossible to estimate for you the total amount of time that will have to be devoted to your case. That will dapend upon e variety of factors, primarily upon whether hearings or a trial will be necessary, the time end effort required, the nature end complexity of the Issues Involvad and the degree of cooperation efforded by your spouse and your spouse's attorney. Similarly, we cannot guarantee the results that will be obtained, parllcularly since no one can predict what e court may do In a particular case. On some occasions, a Court will order one spouse to pay all or part of the other spouse's fees. Sometimes, the Court makes no order tor fees and costs. Because fees and costs awards me totally unpredictable, Court orders must be considered to ba merely Oon accountO, and you ere prlmarlly liable for payment of the total fee. Of course, amounts received pursuant to a Court Order will be credited to your account. Wa will, of course, keep you closely advised of all progress of your case and provide you with copies of all corr~spondence, pleadings, and other documants. We understand that In matters of this nature, urgent circumstances may erlse which may necessitate your talking to your attorney Immediately. We, therafore, have made a strong commitment to respond to all of your Inquiries es soon as possible. However, understandably there are occasions when we ere not Immediately available because of commltmants to other cases. In such Instancas, our assistants ere given Instructions as to how to reach us or enother attomay In our office. You should never hesitate to ask us questions, which we always welcome. You hava the right to ternnlnate our selVless at any time, for any reason. As stated ebove, wa reselVe the right to terminate the representation upon your fallura to pay our teas, and ralmbursable expenses within thirty (30) days of billing. We reserve the right to terminate the relationship, for eny other reason, upon thirty (30) days written notice to you. We reserva the right to termlnata the relationship Immadlately In the aventthat cause exists under the Pennsylvania Rules of Professional Conduct, whIch governs ettomeys' behavior, You ecknowledge that I have made no guarantee regarding the dlsposlllon of eny phese of your case. All my expressions relatlva to your case ere only my opinion. Please date and countersign this agreement and a copy so that we will have a mutual mamorandum of our understanding. You should retain e copy for your file. Floyd N. King August 26, 1997 Page 3 Thenk you for your cooperaUon, and I look forward to working with you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER I~~~ Kelrsten L. Walsh KLW:mh:100139 I HAVE READ THE FOREGOING LETTER AND I AM IN AGREEMENT WITH THE CONTENTS THEREOF. Dated: 97(J~9 J~!foYd~n~J~ " EXHIBIT "B" Floyd N. King October 23,1997 Page 2 Finally, to follow up on my letter of October 15, 1997, you will need to sallsfy your outstanding balance by Monday, October 27, 1997 or I will be unable to accompany you to the support conference scheduled for October 31". At this point you have three opllons. If you sallsfy your outstanding balance by October 27, 1997 I can attend the support conference and conllnue to represent you In that respect of your domesllc relallons case. Next, If you stili want this firm to continue representing you, but cannot sallsfy your outstanding balance, you can attend tha support conference alone (which Is perfectly acceptable) and I will have you sign a waiver regarding my appearance. I have enclosed such waiver herein. If you choose to attend the conference alone, please sign and return this document to me no later than Monday, October 27, 1997, I would be more than happy to discuss the support conference wllh you sometime prior tQ II. Finally, if you are not willing to attend the support conference alone and cannot sallsfy your outstanding balance, I will have no choice but to withdraw from your case with respect to support, Please let me know what your preferred course of acllon is no later than Monday, October 27, 1997 or I will have no choice but to withdraw. If you have any quesllons, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:kkm:102366 Enclosures IEAAY IL DUFFIE RICHAIlD W. SnWMT c. flOY '1'EIDNEIl. IlL EDMUND G. MYEIU D^VID W. D.lUCE MlPH H. WfllGHT, IlL DAVID". lAN~ JOUPH L HITCHINGS MMK C. DUFFIE KEIIlSTEN L W~H L^W OfFICEl JOHNSON, DUFFIE, STEWART & WEIDNER ^ p,or...lonal Corporallon 301 MARXET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 170"3-0109 rn~ ,.. nn"" . ~, HORACE A. JOHNSON 0' COUIU... TELEPHONE 117-761.4540 FAGSIMILE717.7dl.301S I.MAIL mlt10Jdlw.com October 31,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Re: Floyd H. King v. Carol A, King Dear Floyd: I received a tela phone call this morning, October 31, 1997, from Judge Sheely's secretary. Apparently, Carol has Indeed filed a Petlllon for Special Rellaf, requesting that she be pennltted to,take Adrlen with her to Texas when she leaves In November. A heerlng has been scheduled for Friday, November 7, 1997 at 10:00 a,m, I am enclosing .the Patlllon herewith. Obviously, we will need to meet In advance of that date In order to prepare for the hearing. Prior to doing that, however, I will need you to satisfy your outstanding balance with thIs finn, and pursuant to the terms of our fee egreement, provide me with an additional retainer of $1,000,00, ' Please contact me Immediately upon receipt of this letter, so that we may discuss the contents herein, ' Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:mh:102774 Enclosure lEAAY .... DUffiE IUCfWlD W. nEWAAT c. ROY WEIDNER, ,.... EDMUND C. MYEIU D^VlD W. DILUCE IlALPH H. WIUCHT, I.... D^VlD ,. lAN~ 'OIEPH L HrrCHING5 MAAK c. DUfFIE KEIIUTEN L WAUH L^W OfflCU F , L E COP Y JOHNSON, DUFFIE, STEWART & WEIDNER . A Peotenlonat Corporation . . 301 MARKET ST1\EET HOMCE ^ IOHN10N p, O. BOX 109 0' COlIN... LEMOYNE, PENNSYLVANIA 170<13-0109 T1!LIPHONI717-761.4540 F^CSIMIU 717-761-3015 I.MAIL m,UOJd.w.com November 14,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Re: Floyd N. King v. Carol A, King Dear Floyd: ~~~~'t"""UlN~~~lt.I~:-~ ~lllllo~~w~~~~~'4. ~~~~.."it~~~ ~~"T ~1~!l".'WlrM* ~~~A<Q)l$.tlM:~olll'OM~~~~*~ ~ CilOf;' ~~ ~~~ ~~JlIlWlN\fleQ\'l""'...rtlO ~_~"l;"t~ G81<<~\fIor~~ As I am sure you know, you have a substantial outstanding balance with this flnn. As I hava mentioned to you In numerous pieces of prior correspondence, you will need to satisfy that balance In full, and pursuant to the terms of our fee agreement, provide me with an additional retainer before any further action can be taken In your case. Your custody hearing Is scheduled for Monday, December 15, 1997. We will need several weeks to prepare for that hearing, and therafore, I will need for you to satisfy your outstanding balance, and provide me with an additional $1,000.00 retainer no later than Friday, November 21, 1997. I will have no alternative but to withdraw from your case entirely If your balance Is not satisfied by that time. . Please contact me upon your receipt of this leUer so that we may declrle how best to . proceed. I hope that Carol's move to Texas went smoothly and I hope you were abla to visit with Adrlen while you were down there. As I mentioned before, It Is absolutely Imperative that you keep In close contact with Adrlen while he Is In Texas and away from you. I look forward to hearing from you In the very near future. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh KLW:mh:103317 I 1 I CERT/F/CA TE OF SERVICE I, Kelrsten L. Walsh, of the law firm of Johnson, Duffle, Stewart & Weldnar, attomeys for Floyd N. King, do hereby certify that 1 served a true and correct copy of the attached Petition to Withdraw as Counsel by United States Mall. first class, postage prepaid, upon the IndllJldualllsted below: Robert P. Kline, Esquire 331 Bridge Street, Suite 350 P.O, Box 461 New Cumberland, PA 17070-0461 Floyd N. King 4MCD Building 54, Suite 3 Box 808 New Cumberland, PA 17070 Data: 'l- Ql-q~ y~~~ Kelrsten L, Walsh EXHIBIT liB" FLOYD N. KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-5162 CIVIL TERM 97-0937 SUPPORT 97-5454 CIVIL TERM CAROL A, KING, Defendant IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER AND NOW, this z.. ... day of November, 1997, a rule is il\Sued on all parties to show cause why the within petition to withdraw as counsel ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, -,AiL TRUE COpy FROM RECORD In T('st:m1ny Vih~r~of, I here unto set my hand and the s~el of said Court at Cerlisle, Pa. This ".<<5..~". day 01..7.10.;.........., 19.1..7, J.k:.L . '''ltI.tI..........,NII-I...''....--t.....~......-:f'~-!t.i..._ r1)M P(othonot~ry EXHIBIT "C" "'.t I 01""';' , . " '.',..,', ',', ' '. ,,' lAW OfFICES ".".. do. ,'~.:~'\' , , ,,'. I, !.\ , t . . r<: ',.' I' . I. " .....!H ,'.' ./ .' ~f -;. . J " (,' ',' . ..: i " JOHNSON DUFFIE STEWA'RT6'.,WEIDNER.'.~',~:>:,,,,~:", ~::-"'l' j.. :. \ ,t, 1 If.. -, , . . , .., ,. ' ., ~ rl I r. . lOl'MlrkccSuccr' 'j'" " " . ~ ~ '. c' 'I' '...;,:=-~,~\:.'..:~"""<::'i{'-'~ti:'::">-"1i'I\.p.1h.lo'n.'(717)761.4540 P .() '8 109 .. \., I . . , - " , j T. I ~ I, ' . : ., ".1' . '''I. e . .01, " : ,. .,' '.' : ''',:' ".". ...... ,...., JiI_t'I'(~I?)761.JOIS Lcmoync'Penn.ylvlnlr1704l.0109 ' . (0. l,1 . ", 1 ,.' l\""l'.":i'i":'~"" ,,'.. .\f:' "..C., ~'-.l" , . 1.,"'.1:-:" '- \',,1 : .';~l':.:,"'" .,,', , -4:'.~.:.'..-.:.L:__;_:,_~"";~i""';"'_.L;-!....._..~: ............ .~!,......c.-'_.J.__.__ --.---------.-.-.~ 97- ~/(', CERTIFICA TE OF SERVICE AND NOW, this \.J day of December, 1997, the undersigned does hereby cel1ify that she did this data selVe a copy of the foregoing Petition to Withdraw as Counsel Order upon the other parties of record by causing same to be deposited in the United States Mall, certified mall, return receipt requested, at Lemoyne, Pennsylvania, addressed es follows: (') ..;) n Robert p, Kline, Esquire ~ -.J ,.'11 P.O. Box 461 ""'f"':, 71 I ~l~ I < '., :,:11 New Cumberland, PA 17070-0461 ;-J .., ,- ;,', - '8 tn._.: 0 ,,- Floyd N. King , ." ~. .:6 >:. ~ . :-: , I~J 4MCD '. , '..> Building 54 Suite 3 ;-:-(; ~'."J ;':)111 :~~ ~ ~l Box 806 :;: :"'1 .~; en =< New Cumberland, PA 17070 JOHNSON, DUFFIE, STEWART & WEIDNER By: t+J :103909 ,. ...-.~--.....-,...-. " _. I '... II II II Iii !I I I I I 8110 wIah 10 receJv.lh. IoIlowIng ..IVIco. (for on .m I..): 1. CI Add......'. Addr... 2. CI R..lrlctod D.IIv.ry Consull postmastar for ra.. 44. Md. Number Z YO;J 5' 3 ;;l.SY t !I i~ l.!l PS Form 3811, Decambar 1994 . Domestic Return Rece pt i I , Ii J :1' ;" . " "", , :t'Ji60.;a.:~: ~_ ._....;..:.!~.~.. \ :t . aCc:lmp... hm. 1 ~ot 2 lot adcIionaI HMceL eeompet.1Iemt "'.... and 411. . Print yow I\IIN and aden.. on 1M rtYItH of thI, fann 10 ahal WI can return WI _lojOll. aAhch INa torm 10 the fronI of iN malJpIect, Of onlhl bIc:k If apace do,. not .e;:!;wtftm R"*Pf RMltMt~on the malplKe below the artld, number. tThe R_UTI RlCllpI ~ show 10 whom Iht 1tUd, WII ~ and thI dale - 3. MlcI. Addr...ed 10: I also wish 10 recelv. the loUowIng ..NIc.. (for an extra I..): 1. [J Addr....a'. Addr... ~ 2. [J R..lrlet.d O.lIv.ry ~ eon.ult pa.m..'.r lor I... I 4a. Mlcl. Numb.r .l! Z. YO~ 3L>:::2SS I 4b. S.NIc. Typ. o R.gl.t.r.d ~r1ln.d o Expr... Mall [J In.ur.d . ~'."m R....lpllor Me_sa [J COD Fle:fl N K i f'lj Y MCt) Bv'ldinj 54 ,)..lIte ~ 80)( ecc. C r_. I I Ili\ 110"0 7. Oat. 01 D.llv.ry" N~L0 l..:N'\l.X.r 8"'C ,rHI DEI;-21997 5. Received ey: (Print Name) B. Add"....'. Add".. (Only /I requested - >J ~ and 1../0 paid) !l B. Slg tur.: (Add,.... ~ X JI fS Fonn 3 ~ l J " EXHIBIT liD" JERRY "- DUFFIE IUCHNU> W. STEWMT C. /lOY WEIDNER. ,"- EDMUND G. MYEIl-S DAVID W. DILUCE /lALPH H. W/lICHT. 'Il. DAVID' J. LANZA IO~EPH L HITCHINGS MARK C. DUFFIE KEI~TEN L WALSH LAW OFFIClS JOHNSON, DUFFlE, STEWART & WEIDNER A Pror.ulon.1 Corporarlon 301 MARICET STREET Po O. BOX 109 LEMOYNE. PENNSYLVANIA 17043.0109 r~4 ,.. nnnll' . ~. HOIlACE ^ 'OHN~N 0' COUNSlL TlUPHONI111.161.4HO FACSIMILE 711.161.30U I-MAU. mal10Jd,woCam October31,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Re: Floyd N. King v. Carol A. King Dear Floyd: I received a telephone call this momlng, October 31, 1997, from Judge Sheely's secretary. Apparently, Carol has Indeed flied a Pelltlon for Special Relief, requesting that she be permitted to take Adrlen with her to Texas when she leaves In November. A hearing has been scheduled for Frtday, November 7, 1997 at 10:00 a.m. I am enclosing .the Petlllon herewith. Obviously, we will need to meet In advance of that date In order to prepare for the hearing. Prior to doing that, however, I will need you to satisfy your outstanding balance with this firm, and pursuant to the terms of our fee agreement, provide me with an additional retainer of $1,000.00. . Please contact me ImmediAtely upon receipt of this letter, so that we may discuss the contents herein. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNE~ K91rsten L. Walsh KLW:mh:102774 Enclosure JElUlY "- DUffiE IUCHAJU) w. nEwAAT c. /lOY WEIDNE/l, Ill. EDMUND G. MYE~ DAVlD W. D.LUCE /lALPH H. WRIGHT. J"- DAVID I. LANZA 'OSEPH L HITCHINGS MMK C. DUFFIE KEI~TEN L WN..IH LAW OFFICE.S f I LEe 0 P \f JOHNSON, DUFFIE, STEWART & WEIDNER r ^ Pro(cutonal Colporatlon 301 MAPJ(ET STREET HORACE ^ JOHNSON P. O. BOX 109 O. COUNUL LEMOYNE, PENNSYLVANIA 17043.0109 TlUPHONI7I1.161-4540 PACSIMJLI117-161.30U I.MAIL maUO,ww.o:om November 14,1997 Floyd N. King 4MCD Building 54, Suite 3 Box 806 New Cumberland, PA 17070 Re: Floyd N. King v. Carol A. King Dear Floyd: ~~~~'<<'~lAN~~~It.I~Z~ ~~llll~~~MlII\4C-~~~~\A.. ~~~~I.~....it~~ 1I'\f((l(~~i ~I*,il.,*'~ ~~~~..t~~"'I~~_~~ilIl-~ ==: ~~~ ~QjU'Ul/lt~~I"~~ ~lW""".PIlWlU\fl'Q\'l""".-e ~_~",&lk~ lIIIIll'~"'~~ As I am sure you know, you have a substantial outstanding balance with this flnn. As I have mentioned to you In numerous pieces of prior correspondence, you will need to satisfy that balance In full, and pursuant to the terms of our fee agreement, provide me with an additional retainer before any further action can be taken In your case. Your custody hearing Is scheduled for Monday, December 15, 1997. We will need several weeks to prepare for that hearing, and therefore, I will need for you to satisfy your outstanding balance, and provIde me with an additional $1,000.00 retainer no later than Friday, November 21,1997. I will have no altematlve but to withdraw from your case entirely If your balance 15 not satlsfled by that time. Please contact me upon your receIpt of this letter so that we may decide how best to . proceed. I hope that Carol's move to Texas went smoothly and I hope you were able to visIt. with Adrlen while you were down there. As I mentioned before, It Is absolutely Imperative that you keep In close contact with Adrlen while he Is In Texas and away from you. I look forward to hearing from you In the very near future. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelrsten L. Walsh -4' KLW:mh:103317 FLOYD N. KING, Plainlill' IN TilE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYl. VANIA vs. 97-5162 CIVIl. TERM CAROL A. KING. Defendant CIVIL ACTION. CUSTODY ORDER AND NOW, Ihis JI. day of February, 1998, following hearing and consideration of the proposals of the parties, il is ordered and directed thallhey shall share legal custody oflhe child, Adrien. bom December 22,1993. Primary physical cuslody ofsaid child shall bc in his mOlhcr, Carol King. with partial custody in the father, Floyd King, as follows: i. In the summertime to commence not morc Ihan seven days following the conclusion of the Head Start progrwn or Ihe school year and concluding nolless Ihan seven days prior to the commencement of said program or school year. The molher shall be permitted reasonable opportunily 10 visil Adrien and to have telephone contac\. 2. The parties shall alternate Ihc following holidays which will consist of a minimum of three days and as much as five days. thc school schedule permitting: to wit, Easler. Memorial Day, July 4th and Labor Day, with the father having Easler in 1998 and Ihe mother having Easter in 1999, and so on. 3. In 1998, Ihe falher shall have custody of Adrien trom thc Wedncsday before Thanksgiving until Dcccmbcr 30th. In following years, Ihe parties shall allemalc Thanksgiving with Ihe father having cuslody with the child Irom Ihc Wedncsday priDr 10 Thanksgiving through the Sunday following Thanksgiving in 1999 and in eaeh odd year Ihcreafter. -to Beginning in 1999, the father shall have partial cuslody tilr a period to commencc Iwo days lilllowing the conclusion of school in Deccmber until two days prior to Ihe starl of school l(lllowing the Christmas break. Because the mother prescnlly has available to Ihe child air transportal ion al no coslto hcr employer. she shall bear Ihe rcsponsibilily for transporting Ihe child tn an airporl wilhin a two- hour drivc of Cumberland County for the purpose of Ihe exercisc. by the falher. of his rights of partial custody. The falher shall be rcsponsiblc lilr picking up Ihe child at the designaled place and time and for delivering the child to the airport nolless Ihan one and one-half hours prior 10 any scheduled departure. The party nolthen in custody of Ihe child shall have Ihe opportunity for reasonable telephone contacl with the child. The parties may vary Ihis schedule upon mutual agreement and are encouraged 10 provide the father wilh addilional periods of lime with Ihe child. BY THE COURT, John Broujos. Esquire For tile PlainlilT Robert Peler Kline, Esquire For the Defendanl :r1m ~r1 'Y1t.~ /lrpP"'r{ Cl\i . >- ,... .... ~~ C'.! (..: I..: 8 :1 ~ lU~" ! , .)* ~ d,: - ) ~; :"1_. . - If... ::J Cd , [' , fi" 'L __J, e.:., , G::, L!J l1.; ."Ju... j "-- 10. '" =~ U C." U