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HomeMy WebLinkAbout03-0382HARRY CLEMENTS WADDELL, JR., Plaintiff BEVERLY DIANE WADDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- -2 ? Z- CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Harry Clements Waddell, Jr., currently resides at 265 Whiskey Springs Road, Dillsburg, Cumberland County, Pennsylvania. 2. The Defendant is Beverly Diane Waddell, currently resides at 931 North Middleton Road, Carlisle, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth Brianna Cheyenne Waddell 265 Whiskey Springs Road 12/1/93 Dillsburg, PA Gunnar Cameron Waddell 265 Whiskey Springs Road 02/4/97 Dillsburg, PA The child is presently in the custody of the plaintiff at the above address. During the children's lifetimes, they have resided with both plaintiff and defendant at the above address. The father of the child is Harry Clements Waddell, currently residing at 265 Whiskey Springs Road, Dillsburg, Cumberland County, Pennsylvania. He is single. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the children. 5. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The children's mother threatened to commit suicide, and was involuntary committed to York Hospital on or about January 11, 2003, where she remained for a period of five (5) days. b) Children & Youth Services contacted the father regarding taking custody of the children, and they recommended that the mother's contact at this time be limited to supervised visitation. c) In the recent past the children's mother has threatened to harm herself, kill the parties' animals, and remove the children to either Virginia or Florida where she has friends. d) The children have been in the father's custody since January 12, 2003. He has provided for the children's needs since that time, and can continue to provide for them. 8. Because of the mother's mental health history and her present instability, the father fears for the children's well being if they are in the mother's custody without supervision. 9. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of his children, subject to supervised visitation with the mother. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, U J n Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Harry Clements Waddell, Jr., verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 1-aq-e3 11 ? C )cQQ?/ Harry Cle ents Waddell, Jr. c-i ?; - c <_ .. z,, ` ? ? ? ? --- ' ??? _ °- - ? :.. --, - - ' - ": ? _ ? l, , j] .: y y? (' . ` w {{ HARRY CLEMENTS WADDELL, JR., Plaintiff BEVERLY DIANE WADDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3V CIVIL TERM CUSTODY TEMPORARY ORDER OF COURT AND NOW this a-- _ day of Janua 2003 upon consideration of the Petition For Specia Relief, the following order is entered regarding the custody of Brianna Cheyenne Waddell. date 1 of birth, December 1, 1993 and Gunnar Cameron Waddell, date of birth, February 4, 1997. 1 • Plaintiff, Harry Clements Waddell, Jr., shall have primary physical and legal custody of the children. 2. Defendant, Beverly Dianne Waddell, shall have supervised visitation at mutually agreed upon times. Visitation shall be supervised by the YWCA of Carlisle or by a party mutually agreed upon by the parties. 3. The Defendant shall not remove the children from Cumberland County, Pennsylvania, and from this Court's jurisdiction. 4. The police are directed to enforce this Order. C This order shall remain in effect pending further order of Court.. 4 t? ? V By the Court J. Joan Carey, Attorney for Plaintiff copy ? , t n r?? ?r?r?df?>>?s,???r? u., 1Lra ,' ? -..,, tiU _ _?.i ??.._ ..,,- HARRY CLEMENTS WADDELL, JR. Plaintiff BEVERLY DIANE WADDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ,_3-F,7 CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Harry Clements Waddell, Jr., by and through his counsel, Joan of MidPenn Legal Services, states the following: Carey 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the father, who currently resides at 265 Whiskey Springs Road, Dillsburg, Cumberland County, Pennsylvania. Respondent is the above-named Defendant, Beverly Diane Waddell, hereinafter referred to as the mother, who currently resides at 931 North Middleton Road, Carlisle Cumberland County Pennsylvania. 3. The plaintiff is the biological father of the two children, Brianna Cheyenne Waddell, on December 1, 1993 and Gunnar Cameron Waddell, born on February 4, 1997. 4. The father has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. 5. It is in the child's best interest to be in the custody of the father for reasonauled. including the following: a) The children's mother threatened committed to York Hospital on to commit suicide, and was involuntary or remained about January 11, 2003, where she for a period of five (5) days. b) Children & Youth Services contacted the father regarding taking custody of the children, and they recommended that at this time the mother's contact be limited to supervised visitation. c) In the recent past the children's mother has threatened to ha herself, kill the parties' animals, and remove the children to either Virginia or Florida where she has f rm riends. d) The children have been in the father's custody since January 12, 2003. He has HARRY CLEMENTS WADDELL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3 CIVIL TERM BEVERLY DIANE WADDELL, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Harry Clements Waddell, Jr., Plaintiff, to proceed in forma au eris. I, Joan Carey, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. an Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ) rn f _. k HARRY CLEMENTS WADDELL, JR., Plaintiff V. BEVERLY DIANE WADDELL, Defendant : NO. 03-382 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .CUSTODY MOTION FOR CONTR4UANCE Plaintiff, Harry Clements Waddell, Jr., by and through his attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. This Court issued a Temporary Order of Court in the above captioned custody case on January 24, 2003, and scheduled a hearing for January 29, 2003, at 3:30 p.m. See Temporary Order of Court attached and incorporated herein by reference. 2. The Cumberland County Sheriffs Department attempted to serve the defendant at her last known address, but they were unable to do so because they were told that she had moved to Virginia. See Return of Service attached herein by reference. 3. On January 28, 2003, The Family Law Clinic agreed to accept service on behalf of the defendant. 4. The Family Law Clinic concurred that the hearing scheduled for January 29, 2003 may be continued and that the Temporary Order of Court of January 24, 2003, may remain in effect pending further Order of Court. WHEREFORE, Plaintiff requests that the hearing of January be continued and that paragraphs 1 through 4 of the Temporary Order remain in effect until further Order of Court. Respectfully Submitted, ey for aintiff 1-in Carey, Attorn MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 .£? Caaiste ? i1 d6n` y HARRY CLEMENTS WADDELL, JR., Plaintiff BEVERLY DIANE WADDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 37 CIVIL TERM CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 4PLLI #Ak day of January 2003, upon consideration of the Petition For Special Relief, the following order is entered regarding the custody of Brianna Cheyenne Waddell, date of birth, December 1, 1993 and Gunnar Cameron Waddell, date of birth, February 4, 1997. 1. Plaintiff, Harry Clements Waddell, Jr., shall have primary physical and legal custody of the children. 2. Defendant, Beverly Dianne Waddell, shall have supervised visitation at mutually agreed upon times. Visitation shall be supervised by the YWCA of Carlisle or by a party mutually agreed upon by the parties. 3. The Defendant shall not remove the children from Cumberland County, Pennsylvania, and from this Court's jurisdiction. 4. The police are directed to enforce this Order. This order shall remain in effect pending further order of Court, A 3` , _ - By the Court r ? Joan Carey, Attorney for Plaintiff TRUE COPY FROM RECORD to Testimony wherfiof, I here into set my hand xx! the seal of said Court at Carlisle, Pa. ThisG 2 da e u prro,rna,;?zry SHERIFF'S RETURN - NOT FOUND CASE NC: 2003-00382 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WADDELL JR HARRY CLEMENTS _VS WADDELL BEVERLY DIANE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT but was WADDELL BEVERLY DIANE unable to locate Her in his bailiwick Temp Order of Court/Custody and Petition for Special Relief the within named DEFENDANT He therefore returns the NOT FOUND , as to WADDELL BEVERLY DIANE PER RESIDENT AT 931 NORTH MIDDLETON ROAD, DEFENDANT IS NOW LIVING IN VIRGINIA. Sheriff's Costs: So answer Docketing 18.00 Service 3.45 Not Found 5.00 R. Thomas K ine Surcharge 10.00 Sheriff' of Cumberland County .00 36.45 LEGAL SERVICES 01/28/2003 Sword and subscribed to before me this day of A. D. Prothonotary ty {zl to HARRY CLEMENTS WADDELL, JR., Plaintiff V. BEVERLY DIANE WADDELL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-382 CIVII. TERM :CUSTODY ORDER FOR CONTINU ANCE AND NOW, this eday of January, 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 29, 200??3??,?? at ee3:30 p.m. by this ?+1,h ? 2003, Court's Order of January 24, 2003, is hereby rescheduled for hearing on atgJ6 p•m• in Courtroom No. 5 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Paragraphs 1 through 4 of this Court's January 24, 2003, Temporary Order of Court in the above captioned case shall remain in effect pending further Order of Court. Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (dAl Family Law Clinic, Attorneys for Defendant 45 North Pitt Street ??,? rre c, l Carlisle, PA 17013 Edward E. Guido, Judge VIN. VA AS%3d ?V j HARRY CLEMENTS WADDELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-382 CIVIL ACTION LAW BEVERLY DIANE WADDELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 31, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 20, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert vy, Es t/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 co SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00382 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WADDELL JR HARRY CLEMENTS VS WADDELL BEVERLY DIANE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WADDELL BEVERLY DIANE unable to locate Her in his bailiwick Temp Order of Court/Custody and Petition for Special Relief but was He therefore returns the NOT FOUND , as to the within named DEFENDANT WADDELL BEVERLY DIANE PER RESIDENT AT 931 NORTH MIDDLETON ROAD DEFENDANT IS NOW LIVING IN VIRGINIA. Sheriff's Costs: So answe _ Docketing 18.00 Service 3.45 Not Found 5.00 R. Thomas K ine " Surcharge 10.00 Sheriff of Cumberland County .00 36.45 LEGAL SERVICES 01/28/2003 Sworn and subscribed to before me this 310 day of ? V 01A. . rotho otr MAR 2 4 2003 HARRY CLEMENTS WADDELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v BEVERLY DIANE WADDELL, Defendant : CIVIL ACTION - LAW : NO. 03 - 382 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this A& _ Iday of March, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the O SV day of 2003, at D D 0!!-.M. at which time testimony will be taken in the above case. At this hearing, the Father, Harry Clements Waddell, Jr., shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this court, this court's temporary order of January 24, 2003 shall remain in effect subject to the following additional provisions: A. Mother shall enjoy reasonable telephone access to the minor children when the children are in the Father's custody. B. Mother's periods of temporary custody may also be expanded by agreement of the parties. In the event Mother desires expanded times of temporary custody pending the hearing, counsel for the parties may contact the conciliator directly to address any issues as far as a modification of the temmorarv ardp _- THE COURT 71 N ' J. Edward E. Guido cc: Joan Carey, Esquire Suzanne Rhodes Dickinson School of Law Family Law Clinic 3- 63 r, ?-., , -'`? fr?? 4y' , - -;ri,,? ?' r f .• a? „a ;i } ? ?t `? HARRY CLEMENTS WADDELL, JR., Plaintiff v BEVERLY DIANE WADDELL, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03 - 382 CIVIL TERM : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brianna Cheyenne Waddell, born December 1, 1993; and Gunnar Cameron Waddell, born February 4, 1997. 2. A Conciliation Conference was held on March 12, 2003, with the following individuals in attendance: The Father, Harry Clements Waddell, Jr., with his counsel, Joan Carey, Esquire; and the Mother, Beverly Diane Waddell, with her representative, Suzanne Rhodes, of the Dickinson School of Law Family Law Clinic. 3. The Mother was hospitalized in December for suicidal tendencies precipitated by the Mother's belief that Father was having an affair. She has not been in the marital home since that time although she was released from the York Hospital after approximately ten days. Mother then relocated to Virginia living in Winchester which is approximately ninety minutes away. Mother has not really seen the children since that time, but Mother is seeking primary physical custody. Father is also seeking primary physical custody. Obviously, the parties cannot agree and a hearing is necessary. This Court issued a temporary custody order on January 24, 2003 which provides Mother with supervised visitation at the YWCA. Pending the hearing, the conciliator recommends that order remain in place. 4. The conciliator recommends the entry of an order in the form as attached. k( a DATE HARRY C. WADDELL, JR.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BEVERLY D. WADDELL NO. 2003 - 0382 CIVIL ORDER OF COURT AND NOW, this 4TH day of APRIL, 2003, it is hereby ordered and directed that the custody hearing scheduled for Monday, April 14, 2003, is continued until MONDAY, MAY 5, 2003, at 1:00 p.m. in Courtroom # 5. Edward E. Guido; J. Joan Carey, Esquire -o Lucy J. Walsh, Esquire -d 3 :sld ? ?,y,?j???_ ??.? ; ; ^ ; Vh'.??r '?G rf?'? .??' a 1.. ? J.. HARRY CLEMENTS WADDELL, JR., Plaintiff vs. BEVERLY DIANE WADDELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 382 Civil Term IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 25"' day of April, 2003 comes Petitioner, Beverly Diane Waddell, by and through her counsel, the Family Law Clinic, and respectfully represents: 1. Plaintiff is Harry C. Waddell, Jr. and he was residing at 265 Whiskey Springs Road, Dillsburg, Cumberland County, Pennsylvania. 2. Defendant is Beverly Diane Waddell, residing at 307 Ash Hollow Drive, Winchester, Virginia. 3. Plaintiff filed a Complaint for Custody with this Court on January 24, 2003. 4. A custody conciliation was held on March 12, 2003 and the parties were unable to reach a resolution of the dispute over primary custody of their two children. 5. A hearing is scheduled before the Honorable Edward E. Guido for May 5, 2003 at 1:00 P.M. 6. Counsel for the Plaintiff and Defendant were in the process of negotiating a settlement, obviating the need for a hearing. Plaintiff's counsel had indicated that Plaintiff desired to turn custody of the children over to the Defendant. Counsel for the Plaintiff and the Defendant were in the process of negotiating the specific terms of the custody agreement. 7. On April 23, 2003 the Plaintiff threatened that if the Defendant did not sign the drafted agreement by April 24, 2003 that he would leave the state with the children and the Defendant would never see the children again. The Plaintiff also threatened to kill the Defendant's dogs. 8. Upon information and belief, Plaintiff is attempting to avoid arrest for criminal charges and indicated that he is absconding the state to avoid arrest. Plaintiff told Defendant he would be leaving for Montana. 9. The Plaintiff refused to give the Defendant an address or phone number were he could be reached. 10. Defendant's counsel attempted to seek concurrence of opposing counsel for this petition er p C.C.R.P. 206-2 (b); however, as of the time of the filing of this petition no response was received. Attorney Joan Carey has been out of the office for several days. 11. WHEREFORE, Defendant, Beverly Diane Waddell requests this Honorable Court to direct the Plaintiff to deliver the parties' children to the Defendant by April 28, 2003, or in the alternative, order the Plaintiff not to leave the jurisdiction of this Court pending either settlement or the hearing scheduled for May 5, 2003. Respectfully submitted, Date: a o 3 Suz a H. Rhodes Certified Legal Intern OELRIT INS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 0 4=:) O C- w zi Zs ??' = 70 i\? 'yam HARRY CLEMENTS WADDELL, JR., Plaintiff vs. BEVERLY DIANE WADDELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 382 Civil Term IN CUSTODY PRA ECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Beverly Diane Waddell, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Dateqfn? ws , ao0_3 ? ?i ?Lc-ate' ASuzn Certified Legal Intern J ROBER E RAINS LUCY JO STON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ? iE - ? r°, APR 2 5 2093 HARRY CLEMENTS WADDELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. BEVERLY DIANE WADDELL Defendant No. 03- 382 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this _ day of , 2003, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. The Plaintiff, Harry Clements Waddell, Jr. shall deliver the children, Brianna Waddell and Gunnar Waddell, to the Defendant, Beverly DJifane Wajddjell by Monday April 28, 2003 or, in the alternative, the Defendant shall not leawthe jurisdiction of this Court pending either settlement or the hearing scheduled for May 5, 2003 at 1:00 P.M. before the Honorable Edward E. Guido a P1 2 1 '-) ri ff i S y 1-% - CY6 0 1 4e J 'P`-1 '" ? 2 T - " 2.7 19 D 1A zAtS ? o0= . G C 0 C l fir! - APR 2 5 2003 HARRY CLEMENTS WADDELL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03- 382 Civil Term IN CUSTODY BEVERLY DIANE WADDELL Defendant PETITION FOR SPECIAL RELIEF n AND NOW, this 25t`' day of April, 2003 comes Petitioner, Beverly Diane Wdell*y rT, f. and through her counsel, the Family Law Clinic, and respectfully represents: s k 1. Plaintiff is Harry C. Waddell, Jr. and he was residing at 265 Whiskey Springs R&d, v' Dillsburg, Cumberland County, Pennsylvania. 2. Defendant is Beverly Diane Waddell, residing at 307 Ash Hollow Drive, Winchester, Virginia. 3. Plaintiff filed a Complaint for Custody with this Court on January 24, 2003. 4. A custody conciliation was held on March 12, 2003 and the parties were unable to reach a resolution of the dispute over primary custody of their two children. 5. A hearing is scheduled before the Honorable Edward E. Guido for May 5, 2003 at 1:00 P.M. 6. Counsel for the Plaintiff and Defendant were in the process of negotiating a settlement, obviating the need for a hearing. Plaintiff's counsel had indicated that Plaintiff desired to turn custody of the children over to the Defendant. Counsel for the Plaintiff and the Defendant were in the process of negotiating the specific terms of the custody agreement. 7. On April 23, 2003 the Plaintiff threatened that if the Defendant did not sign the drafted agreement by April 24, 2003 that he would leave the state with the children and the Defendant would never see the children again. The Plaintiff also threatened to kill the Defendant's dogs. 8. Upon information and belief, Plaintiff is attempting to avoid arrest for criminal charges and indicated that he is absconding the state to avoid arrest. Plaintiff told Defendant he would be leaving for Montana. 9. The Plaintiff refused to give the Defendant an address or phone number were he could be reached. 10. Defendant's counsel attempted to seek concurrence of opposing counsel for this petition per C.C.R.P. 206-2 (b); however, as of the time of the filing of this petition no response was received. Attorney Joan Carey has been out of the office for several days. 11. WHEREFORE, Defendant, Beverly Diane Waddell requests this Honorable Court to direct the Plaintiff to deliver the parties' children to the Defendant by April 28, 2003, or in the alternative, order the Plaintiff not to leave the jurisdiction of this Court pending either settlement or the hearing scheduled for May 5, 2003. Respectfully submitted, Date: ?; aQ03 , A/ - q, Suzanne H. Rhodes Certified Legal Intern ROBE E. INS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 HARRY CLEMENTS WADDELL, JR., Plaintiff VS. BEVERLY DIANE WADDELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 382 Civil Term : IN CUSTODY CERTIFICATE OF SERVICE I, Suzanne H. Rhodes, Certified Legal Intern, at the Family Law Clinic, hereby certify that 1 served a true and correct copy of the Petition for Special Relief and Order of Court via facsimile to Joan Carey, Esquire, on April 25, 2003 and I also deposited a copy of the same in the United States mail, First Class, postage prepaid, to Joan Carey, Esquire, at MidPenn Legal Services, 8 Irvine Row, Carlisle, Pennsylvania, PA 17013 on this 29' day of April, 2003. Suza e H. Rhodes Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 e.? lCT i 4` .r' Cw c+? '-mr J; -0 HARRY CLEMENTS WADDELL, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 382 Civil Term IN CUSTODY BEVERLY DIANE WADDELL Defendant Continuance, s "gig w . in TIMur of e um er anoun e, e?retmsg?e?... Edward E. Guido` Judge ?e Family Law Clinic, Attorney for Defendant 45 North Pitt Street Carlisle, PA 17013 ?Joan Carey, Esq., Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 let 0 ORDER FOR CONTINUANCE AND NOW, on the 0 !-day of May, 2003 upon consideration of the attached Motion for AV GAO 0 0 e 'V'M//VbkgNN3dr 3rtr `? '"mil .-. LI HARRY CLEMENTS WADDELL, JR., Plaintiff/ Respondent vs. BEVERLY DIANE WADDELL Defendant/ Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 382 Civil Term IN CUSTODY MOTION FOR CONTINUANCE Defendant, Beverly Waddell, by and through her attorneys, The Family Law Clinic, moves the Court for an Order rescheduling the hearing in the above captioned case on the grounds that: 1. A hearing is scheduled for Monday May 5, 2003 at 1:00 P.M. before the Honorable Judge Edward E. Guido. 2. The parties are in the process of negotiating a custody agreement and need additional time to refine the negotiations. 3. Attorney Joan Carey, counsel for the Plaintiff, Harry Waddell, Jr. concurred that the hearing be rescheduled as per C.C.R.P. 206-2. WHEREFORE, Defendant/Movant requests that the hearing be continued. Respectfully submitted, Date: -5,100 010""/ -Suzannff H. Rhodes Certified Legal Intern ROBER INS LUCY J HNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 v =i'. 1 } i FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale E Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 May 2, 2003 Joan Carey, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Dear Joan, Enclosed please find a copy of the Motion for Continuance that I filed today as per our conversation on May 1, 2003. If you have any questions or concerns, please contact me at the Clinic. Sincerely, Enclosure PENN Suzanne H. Rhodes Certified Legal Intern l ne 1J1cKlnson school of Law An Equal Opportunity University HARRY CLEMENTS WADDELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- _;?;-I_ BEVERLY DIANE WADDELL, Defendant : CUSTODY ORDER OF COURT CIVIL TERM AND NOW, this day of May, 2003, upon consideration of the agreement of the parties made by and through their counsel in open court at the time scheduled for hearing, it is hereby Ordered that custody of the minor children, Brianna Cheyenne Waddell, born December 1, 1993 and Gunnar Cameron Waddell, born February 4, 1997, shall be as follows: 1. The plaintiff, Harry C. Waddell, hereinafter referred to as the father, and the defendant, Beverly D. Waddell, hereinafter referred to as the mother shall share legal custody of the minor children. They shall consult with each other relative to all important decisions concerning the minor children, including such matters as health, education, and religion. Both parents shall be entitled to equal access to all school and medical records. The father and the mother agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each parent shall notify the other of any activity or circumstances concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. The mother shall have primary physical custody beginning the week of May 12, 2003. Prior to the transfer of custody to the mother, she shall cooperate with the father in registering them in school and she shall let the father see the apartment including the sleeping accommodations she has provided for the children. The father shall have liberal partial custody of the children according to the following schedule: a. At least one (1) weekend every other month to be scheduled where possible when the children have Monday or Friday off from school. The father's weekends shall be from Friday to Sunday, unless the children do not have school at which time the father's weekends shall include the school holidays and commence the evening of the last school day and end the evening of the day before school resumes. During the summer, the father's weekends shall include Thursday evening to Monday evening. b. At other times agreed upon by the parties. The mother shall not unreasonably deny the father's requests for additional custodial periods. 4. The parties shall alternate the following holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving and Easter commencing with the mother having Memorial Day in 2003. The holidays shall include the day before until the day after, unless that day is a school day, at times agreed upon by the parties. 5. The parties shall share custody at Christmas as follows: 2 a. The mother shall have the children all day on Christmas Eve and Christmas Day until 3:00 P.M. b. The father shall have the children on Christmas Day from 3:00 P.M. until New Years Day at 6:00 P.M. 6. Mother shall have the children on Mother's Day and the Father shall have children on Father's Day with the holiday beginning the evening before the holiday. 7. The holiday schedule shall supersede the regular schedule. 8. The father shall have the children at least three weeks in the summer. The father shall give the mother at least one (1) weeks notice as to the weeks he wishes. 9. The mother shall have the van to transport Gunnar, on the condition that she assume the monthly note and insurance payments. The father and the mother shall share transportation for transfer of custody meeting at an agreed upon midway point between their homes unless otherwise agreed. 10. The father and mother shall be entitled to reasonable telephone contact with the children when the children are in the other parent's custody. 11. The mother shall provide the school with both parents' telephone numbers for use in situations including emergencies. In addition, the children shall have with them the mother and father's contact information. 12. The father and the mother shall keep each other informed as to his/her current phone number and address. If the mother wishes to relocate with the children, she shall provide the father with at least 30 days notice prior to pursuing plans. 3 13. The father and the mother shall refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children. 14. The father and the mother may vary from the terms of this Order by mutual agreement, but this Order remains in effect pending further Order of Court. Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ?O It,% y-rj tLL _ /O/_ C? 6 Lucille Johnston-Walsh, Attorney for Defendant ty_? Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 4 t;dward E. Guido , Judge '' i- . . ?? _.r <:" -C7L"r' ?? f' < ` : . Ci? =' 4 T ??` ?'_: . .? HARRY C. WADDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BEVERLY DIANE WADDELL, NO. 2003 - 0382 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 24TH day of AUGUST, 2009, after consultation with Judge Elizabeth Kellas, this Court relinquishes jurisdiction to FREDERICK COUNTY, WINCHESTER, VIRGINIA. B ourt, Edward E. Guido, J. v "Honorable Elizabeth Kellas Juvenile and Domestic Relations District Court Judicial Center 5 North Kent Street Winchester, Virginia 22601 sld eoAy mSt Lcr-L 4/?foq FlLEC?-° F OF THE ?>F ,'Tr r; `OTARY 2009 SE -2 AM 9: 34- 1'",_1 -4 I biz YLV ?'`I TF .