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Home My WebLink About00-05344 < TINA M. WRIGHT, plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 00-5344 CIVIL TERM : BRIAN N. WOOD, Defendant : CIVIL ACTION - LAW : IN CUSTODY OODER OF CXlURT AND lUf, this ~ ('J upon consideration of the attached ordered and directed as follows: day of CUstody C)c--t~cY , 2000, Conciliation Report, it is 1. The Mother, Tina M. Wright, and the Father, Brian N. Wood, shall have shared legal custody of Kimberly Wood, born November 23. 1991, Kayla Wood, bom March 2, 1993 and Kasey Wood, bom July 17, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional times arranged by agreement of the parties. 4. The parties shall communicate with each other to establish custody arrangements for holidays and birthdays at least 5 days in advance of the holiday or birthday. 5. Unless otherwise agreed between the parties, the Father shall provide transportation for exchanges of custody at the Mother's residence in Shippensburg, Pennsylvania. 6. In the event the Father is unable to exercise a period of custody under this Order, he shall provide notice to the Mother at least one day in advance. 7. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 9. The parties may modify the provisions of this Order by llIUtual ;~lil IlibIlllIo ."." ".;" ".Jl!l., ., ~'LJfftiIil,JlililllN~~b..i;jIl'.l&r~~~i!Ii!"llll ~ k'''-''-'~~''''~'' "r1'''''''''''~;a...il:. ~-, "-'iiI1lf 'J---IIli' '--.' ,,~ I...}j'- 'I.';; l'r"I-I"I"'I"('E ,'-__~ OJ 1-" TH" :C;'Y~''''..I''.I'''O-I.;'RY , '" - , ,", 'I "_h\' t', 00 OCT -3 PH 3: 37 CUMBbiL:J'JD COUNTY PENNSYllf,1\i\JiA ' , liI1 consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, IJ/a-, J. cc: Kim Sebring, and Thomas M. Place, Esquire - COunsel for Mother Brian N. Wood, Father c~ -1Y\~ 10-4-00 ~~ "i~'I"I TINA M. WRIGHT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-5344 CIVIL TERM . : BRIAN N. WOOD, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY CDlCILIATIQiI SUMMARY REJ?(RT IN ACCCIIDANCE WITH CUMBERLAND <XllJNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kimberly Wood Kayla Wood Kasey Wood November 23, 1991 March 2, 1993 July 17, 1994 Mother Mother Mother 2. A Conciliation Conference was held on September 20, 2000, with the following individuals in attendance: The Mother, Tina M. Wright, with her counsel, Kim Sebring and Thomas M. Place, Esquire. The Father, Brian N. Wood, did not attend the Conference or contact the Conciliator. The Mother's counsel confinned that the Father had been served with notice of the Conference on September 2, 2000. 3. The Mother filed this Petition for primary physical custody of the Children, seeking to confinn by court order the custody arrangements which the parties had previously been following. The Mother currently resides in Shippensburg and the Father resides in York. The Mother indicated that although the parties had previously agreed to meet for exchanges of custody in carlisle, the Father had frequently been late or unavailable. Therefore, the Mother requested that the Father provide the transportation to and from her residence in Shippensburg unless otherwise agreed between the parties. 4. Based upon the Mother's representations at the Conciliation Conference and the fact that the Father did not attend or contact the Conciliator, the Conciliator recommends an Order in the fonn as attached. ~ .4.4<0 ~ Dawn S. Sunday, Esquire Custody Conciliator ~ek~ cJ Sf ~~,<)i> Dat TINA M. WRJGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVILAGION -LAW BRIAN N, WOOD Defendant : NO, 00 - 5344 CIVIL TERM PRAECIPE TO REINSTATE THE COMPlAINT To the Prothonotary: Please reinstate the custody complaint in the above-captioned case. cd M.~ace J'J7 Robert E. Rains SUPERVISING ATTORNEYS T eri L. Henning STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 - Attorneys for Plaintiff Dated: ~."..f.. I, ZVb'D I ' "'~; .' ~_,_r~'_ ,"v ". ,,,,,~,,,,",,,-<,,__w '_"__"'_~':' _, 'c,,'" ,,-,';,','-- -~'-' '''.' "-, - ~ ., ^ . ,,'0 ,1!i -"'''r-'!'llII!l ,l;l..".., - ,~ ' '"I-~"" ,J'!llU _ . ", ".',,' '""".," .., ",,, "mill!~'''II'l1Ilr''r" '!"'C'~'''"l o C :2~ -r)6~ rlifl -:7 -n o1-___v i~ 5~:,~ ~~~ ~ -< ~ITil\lr~"Il!lIl~~'I~~_o. ,~I C) o ?) i'Tl ':J :..,.) ::..) ., i:~ ""."""''''. ~ ~,~4Pl1i . TINA M. WRIGKT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVIL AGION - LAW BRIAN N, WOOD Defendant NO. 00 - 5344 CIVIL TER/vI VERIFICATION OF SERVICE Understanding that the making of any false statement would subject Jennifer Jones to the penalties of 18 Pa, C.S. H904 (relating to unsworn falsification to authorities), the undersigned verifies that a true and correct copy of the Custody Complaint was mailed to Brian N. Wood, by placing the same in the U.S. Mail, certified No. Z 338 765 610, restricted delivery, return receipt requested, postage prepaid, on the 1 st day of September, 2000, addressed as follows: Brian N, Wood 27 Cloverleaf Road York, Pennsylvania 17402, Sender's receipt No. Z 338765610 is attached hereto and incorporated by reference, The green return receipt no, Z 338765610 was delivered to the Family Law Clinic, bearing the signature Brian N. Wood and showing a date of service of September 2, 2000, The return receipt is attached hereto and incorporated by reference. ~~ j;.J\ Je fer Jone Certified Legal Intern ~2~N~ THOMAS M. PLACE Supervising Attorneys TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Date: ~. 5) ;}OOO .'1" . "'_~ , _' _.~_,__ - " - -~ " _e",.~,;__. _ ,,~~_. w~,^__" - -- - ~- -~ -"- , ,-- -, -- '1"ltf ,~ " . i ~ il 'I ~l " :l j I ;j ij T1 ., ,. ;1 I :1 " -1 ;~ ~ 'l! :~ i~; ':j ;~ :;} -~1 ';1 1 i I ~! ~_.~ ~- Z 336' "~6B" 610 Postage Certified Fee Speda! Del~-:-::~~'., ... .~, '" a ..: ,& 0., i T~AL ... Pos~rk 6 ,E \.', o " \'- rn a. " / / c_ . fir' c.!" ,and 3, Also campi.!e ttem 411 Re!ltriqle~'pellvery Is desired, .' Print your name and'-l1dd~,~s on the reverse so that we can-return the card to you. . Attach this card to the back of the mailpiece, or on the front if, space permits. 1. Article Addressed to: bn~{\ W Wa:x:}. , B-1 (j()\ltx\tfl,..* U. ~D(~\ yl\- nyO'2- ~ - 2, /Ii, -' ~ ,., 3_tTEll'i~Wti~~dlse 4.' Ji~~e~ ~~I~~e~?~~~~) __ __ Yes , , , lJ' ',fit; ,', !1025.5-99-M-1~" ,<'~ -,~", .- ~ -, lil I ,!,!,,!,~- .,.' , ~, . ..,~" - "-'."~ ~. " ~''''''', '-<'< ',''''''''1-'!>;''&-- "!ffl' ':-j'ti r"~'- <) c::: ":f}~ L~) t.;- .<.:........- -'''''--- ch)--. -.C' . ~:f~~ v lii~ ~~ ~., ~ _'Jlrliii[jIC~='_ ''j'" '_-'~'::>ffi\}"r\~':~ij (::) C) (/) -'....1 -(J , C", ,-' -i_: " 0) (l:) ,. ," -~- - TINA M. WRIGHT PLAINTIFF V. BRIAN N. WOOD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-5344 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7tb day of August , 2000, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mecbanicsburg, PA 17055 on the 20tb day of September, 2000, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Fai]ure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By: Isl Dawn S. Sunday. Esq~ Custody Conciliato~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi]ites Act of 1990. For information about accessible facilities and reasonable accommodations availab]e to disabled individuals having business before the court, please contact our office, AI] 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 Carlis]e, Pennsylvania ] 70 13 Telephone (717) 249-3]66 ,0{ :-~~\\l:JlIHI.a'_;$.ih"m_""'~''''<W;Ibi>'~'';'f_'''';'''''"0-''''1J".,.'b;';'';",,'''''~~''''b,;,<""""""..-"~d&~~II;Hlll__l~1'-"'~ ,~ <j.f 4? 'l? -9' t!7c? 'tf -4 ..t!){) }t,~d;.?-~-h .i~~\,:1b,',,,~['~,,,,~~';',r!ft; ""'?&~_;~""~__":~'), l1:",~",J~E n ~",_y r'.,,,.' 'w..",,,~_"_c .~~ iIlI!Il~IWIYIliilIiIl~..- I"I':.'-\..('\c;::r,t" ~h__LI.J -...1 l \V v' 'f','~ .-.,.,,~,-!l'i"f)TfRY 01' ,,"C: "':-:,,:, ,',." " 00 AUG -9 PM I: 53 CUM";:R' "i"'U' ~OUNTY tJ_, ,w-" \; PENNSYLVANIA w.. ~ /11~ ~ \:Xx. ~~"?#~ ~~ ~ ~""Z-4~~ ," , iIll AUG o 4~~ \~ 1 .. TINAM. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. . : CIVIL ACTION - LAW BRIAN N, WOOD Defendant : NO, 00 - SJlI'f CIVIL TERM ORDER OF COURT AND NOW, this day of .2000, upon consideration of the attached cornp1aint, it is hereby directed that the parties and their respective counsel appear before, . the conciliator, at . Cumberland County Courthouse, on the day of .2000, at ~m" for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subject of this custody action to the conference, but the 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: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, ,'- ". . "~,, " -", . .-. ~ - '0"; _~ ~. ~ . TINAM. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, . : CIVIL ACTION - LAW BRlANN. WOOD Defendant : NO, 00 - ORDER OF COURT CIVIL TERM You, Brian N. Wood, defendant, have been sued in court to obtain custody of the children: Kimberly Wood, born November 3, 1991; Kayla Wood, born March 2, 1993; and Kasey Wood, born July 17, 1994. You are ordered to appear in person at . on at . ~m., for X a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. t1<p " ",,,, c,"- <~-,,,')',~-.., '-',"- ."',,-_.. ^ ' " ',"~-- ~- ~ ,w ,.-,. , - --- ,'-' . TINA M. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. . : CIVIL ACTION - LAW BRIAN N. WOOD Defendant ; NO, 00 - .53</ '1 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Tina M. Wright, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Tina M. Wright, residing at 218 East Orange Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is Brian N, Wood, residing at 27 Cloverleaf Road, York, Pennsylvania, 17402-9458. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Kasey Wood 218 East Orange Street Shippensburg, Pa. 17257 218 East Orange Street Shippensburg, Pa. 17257 218 East Orange Street Shippensburg,Pa.17257 The children were born out of wedlock. November 23,1991 Kimberly Wood Kay1a Wood March 2, 1993 July 17, 1994 The children are presently in the custody of the plaintiff/mother. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Tina M. Wright Tina M. Wright Cumberland County 218 East Orange Street Shippensburg,Pa, 17257 1995 - July 1998 August 1998 - Present . . c, ',~'" ,~,_, ~",_,~" "" ,_, '" ' _ , ",- _ '-",,1 ~. ^ - ,-. 4. The relationship of the plaintiff to the children is that of mother. She is single, She currently resides with the following persons: Name Relationshin Kimberly Wood Kay1a Wood Kasey Wood daughter daughter son S. The relationship of defendant to the child is that of father. He is married, He currently resides with the following persons: Name Relationshin None 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because plaintiff has been the primary caretaker of the children since their birth. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, WHEREFORE, plaintiff requests the court to grant to her custody of the children, Date: 7- /1-00 J er Jones C . fied Legal tern --:~~ ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ,',__ ~,c" _" __~ ,.'"_r e,,, .n o. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. '4904 relating to unsworn falsification to authorities. Date: (- lq-DU ~v~c.~ ~ Tina M. Wright 'l- ',.' ,. ~-:,",' ,f<"; ""0 "":_" _ ,.- __ ,~" - ",,,,~_" - - - 'C' -,' - '--' .'-- ill' e. , I !IIIl ~" -. '. ~, ,- , ." < "" - ~. o. , -, ." "".," . "~tfil"fiiiffll"t~'F"~7" irTl "TlIIJfl't''''''''' IV V, c) Ii:: ~ Z !-:F.:lt I-~~ i ' '---'- .~ 0 , ~ .v-, ;;:~ .-" ., 6 >:-:r:- 8 0 (/~ - 0 ~~ ~ 0 ..J>.r_., I I ~~: ~~~5 ..,1-" r-.' r~' C) (E ~ ?': -, '-I .- :1;:-; -< 0') I! , ~ '--< 9 . '- : : "tJ: :. L:_ :~~ ~8 ~!~::j I~ ~: z: 0: VI: z' : 0' >" -'f: "-I )i: m ;tJ: 1;1: ..( . . . . . . __~ ,...,.,.,~~~,.~.~v "0.._ ~~,~!S~'i.~I~~~~~'f!I!lIRftt'lm!ll!ll_ ~--~--"'- , , TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of March, 2005, upon consideration of Plaintiffs Emergency Petition for Special Relief, a hearing is scheduled for Monday, March 28, 2005, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, kShUltt, E'. 11 Roadway Drive, Suite B Carlisle, PA 17013 A7ey for Plaintiff ,.!~~a;\N. Wood 5145 N. Susqueharma Trail York, PA 17402 Defendant, pro se ~ 03 -I (-0..3 :rc .,~", ". ,. _ r , f;' ~.' ~~~~~6iIi~~fll!IlIilil~~"\!1l:i#ii'~l1:!l"''-'';li.Njr<liSi;;!1;1),~~':\t~Ii''':JiII\IIliIl'~';''''~""",o~,,"'';''-~,,_ ~ <;7 ~,!!',.~h,:ll~J,;o', ~)A,:.)t .~~"tJ~,~.J:t;A~,~o.;I,J;[~}~!J - ;,\~~v;~,,_~J, t',';. ~ . r;,;';:\CE '.I ".' r:j)-'.J " .(),/,Q'\ r\L\.. .....,<:\\-'0'"',,- ,t\\, \r ,?u", j'........ Or '\r\C "" "J ') <')\'\ \: (..(. l~~~ tir,\{ \ \) \ I _ , Z',:)U\~\' CUNi,=-~i:~:'\ :":t:~~'\2..If-~>'\\p. ~- -~,' .. .~ "," __I ~;> "' _c III . , . ;.U, ty ~ no') 7/1ffi V ft .1\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. WRIGHT, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY BRIAN N. WOOD, Defendant NO. 00-5344 NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody, rfyou wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person with the minor child, Kimberly Wood, in court on , 2005, at .m., in Courtroom_. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to j ail, fined or both. By: J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 _"Co, -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. WRIGHT, Plaintiff v. CNIL ACTION - LAW IN CUSTODY BRIAN N. WOOD, Defendant NO. 00-5344 EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this ~~j). day of March, 2005, comes Petitioner, Tina M. Wright, by and through her attorneys, Knight & Associates, P.C., and files the following Emergency Petition for Special Relief and in support thereof avers as follows: 1. The Petitioner is Tina M . Wright, the natural mother of Kimberly Wood (hereinafter "Kimberly"), and Plaintiff in the above-captioned matter. Petitioner is an adult individual residing at 45 Scrafford Street, Shippensburg, Pennsylvania. 2. The Respondent is Brian N. Wood, the natural father ofKirnberly, and Defendant in the above-captioned matter. Respondent is an adult individual whose last known mailing address is 5145 N. Susquehanna Trail, York, Pennsylvania. 3. Kimberly, born November 23, 1991, is thirteen years of age and presently resides with Respondent due to Respondent retaining custody of the child in violation of the October 3, 2000 Order or Court in the above-captioned matter, which is incorporated herein, made a part hereof, and attached hereto as Exhibit "A". 4. The October 3, 2000 Order of Court grants shared legal custody to both parties and primary physical custody to Petitioner ofthe parties' children, Kimberly Wood, born November 23, r ., , ~ ~_ Coo., r., "':', '. .' "',I, '.r , . 1991; Kay1a Wood, born March 2,1993; and Kasey Wood, born July 17,1994. 5. On or about February 24, 2005, Respondent took custody ofthe child, Kimberly, in violation of the October 3, 2000 Order of Court and has retained custody of the child ever since. 6. It is believed, and therefore averred, that Respondent is driving without a valid driver's license and has a disposition pending regarding his allegedly driving while intoxicated on or about December 31,2004. 7. Kimberly continues to accumulate unlawful absences from the school, Shippensburg Middle School, while she has been in the custody of Respondent; Kimberly faces having her twelfth unlawful absence from school on March 9,2005, and therefore, possible failure of the school year. 8. Petitioner is being denied all access to Kimberly without cause. 9. Petitioner reasonably believes that the Kimberly's affections are being alienated. 10. Due to Respondent's alleged driving violation, Kimberly may be put in physical danger if she is not removed from Respondent's custody. 11. Kimberly is at continuing risk of being truant from school if she is not returned to the custody of Petitioner. 12. Petitioner has incurred and continues to incur attorneys fees and court costs due to Respondent's willful failure to obey the October 3, 2000 Order of Court. WHEREFORE, Petitioner respectfully requests this Court to direct that the child, Kimberly Wood, and Respondent or other person having physical custody of the child be brought before the Court; that custody of Kimberly be returned to Petitioner according to the October 3, 2000 Order of Court; that Respondent be ordered to pay all of Petitioner' s reasonable attorneys fees and court costs, in relation to this Petition; that the October 3, 2000 Order of Court be modified to prohibit Respondent from operating a motor vehicle without a valid driver's license or while intoxicated with _.~ ~ , -^'" "" the children as passengers; and any other re1iefthe Court deems appropriate. Respectfully submitted, ~~ Sean M. Shultz, Esquire Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner F:\Us~ Folder\Firm Docs\Gendocs2005U796-1pet.emergency.sp.reliefwpd " ,. ~_~ ,'" ._c ,~~, <C,',., VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 3-~crs ~\ )f\(( '--{.N\. \fu u~lt Tina M. Wright ~- ~ ^ . , --~ ./ , TINA M. WRIGHT, Plaintiff : IN THE CXXJRT OF OOMMON PLEAS OF : CUMBERLAND CCONTY, PENNSYLVANIA . . vs. : NO. 00-5344 CIVIL TERM : BRIAN N. WOOD, Defendant : CIVIL ACTION - LAW : IN CUSTODY OODER OF COORT '>P= =3i='~ ~ "" ~'" ordered and directed as follows: day of A"'\ 1 l._ , '200~~ ~ust06Y\~.RePort, it is 1. The Mother, Tina M. wright, and the Father, Brian N. Wood, shall have shared legal custody of Kimberly Wood, born November 23, 1991, Kayla Wood. born March 2, 1993 and Kasey Wood, born July 17, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional times arranged by agreement of the parties. 4. The parties shall communicate with each other to establish custody arrangements for holidays and birthdays at least 5 days in advance of the holiday or birthday. 5. Unless otherwise agret!d betwe..n the pari:ies, the Father shall provide transportation for exchanges of custody at the Mother's residence in Shippensburg, Pennsylvania. j:'! " ~ - i 6. In the event the Father is unable to exercise a period of custody under this Order, he shall provide notice to the Mother at least one day in advance. ii " i-i ,.) , , 7. Each party shall ens!Jre that the other party has his or her current address and telephone number on an ongoing basis. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 9. The parties may modify the provisions of this Order by, mutual , ~ '\- . ~ ~ ., ~~- ~" ~ , ,~... -"11 consent. In the absence of mutual consent, the terms of this Order shall control. BY THE OJURT, cc: Kim sebring, and Thomas M. Ph",e, Esqui.=e .. ::Cu...sel fOl: Nether Brian N. Wood, Father <:. I. ""." _~~ ,"'~ ;, "_'_~);""_ _"" , __ ,.__ ..,"',',.-, . ?il ~ ~ - ~- - ""',' ,""" ~ . , ,-" ,,~~,~~, '_" '0' ~, . _ ,.no., _"_>;'",",,,___;'~_j 4-"'''''--)''' '-,_";~..",,_ . 'T'WUITTT 1:TTi'n"m"'r" ~ ---- ~ ....... ~ () (.." \ 1\ Z) ~ ~ J (~ \r',\ ~ \ Q ;::;; ~;'r -0 ~.' ..."~"" 1':,> N W -'"F"~ ~ !!l'_!/!~r{llll;<m -~ <",_~"",",!!'I~~<ft, ..., = <:.."::::.:1 en ?' ._fltJ ;::t, I \.0 :r! rn :n ~O F;j ,06 () ;:;jJ ("_fs::nl 2~(") 6"n ~:-l ::;:, -< fiJ ~ <~ :!!'!"J , TINA M, WRIGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00.5344 CIVIL ACTION LAW BRIAN N, WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 08, 2005 , 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, Cumberlaud Couuty Courthouse, Carlisle on Friday, April 08, 2005 at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 mav also be present at the conference, Failure to appear at the conference may provide grol.lnds 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 hearine:. FOR THE COURT. By: Isl Hubert X Gilrov. Esq. Custody Conciliator Ji/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the cOUl1, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;;.l... .~ ..""'....'...~~,Ji~j~iii!Jll~m:.:f~~';,jJ!..hW,il1;V'f;""~,',.._"--O,,".~_-,.:_"'L.~""~_tti>r;fj!;limlilllilli$liil!ll;1liiUiJ!l2;lj.llli..lIl"'!<-~"_,-- (t~, <'I~,~ -3 /t? ,i!25 ..I/o Os .] / t)OS-- '--,-', .>'," ~_J ~'~~~ "'''.IiiMllIlIiu_",~J 1- E\~ .....F.-'(">.-' F',\ ~1l..4 \\--a--q .!- " '-" -...',11'-'..... n-- 'T'l 1;"-- DrY'.-~L1{-'\r,!OTpnY '<-.I- In\: i iiI.) "...., ',-," ". ,. OM,:"M~ht...q Ll..J1)\j nF.1\ ~ P" 3 ,.,r I'" "0 '"' . 1 , ~ cut!;f;E:;:;':S"'l:t;i~r'~t~T'I t!a:I~~~a:5~ ~~~;N.~~ {'~ ~dr% , . . ~Bli"~,,,!Il.,.. .I,.JI),..,.,..".. .y.w,,",., .,...,' ,,~,. ~ ~, "-c; " HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR DEFENDANTIPETlTIONER TINA M. WRIGHT, Plaintiff/Respondent = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA . . Y. = CIVIL ACTION - LAW BRIAN N. WOOD, Defendant/Petitioner = NO. 2000 - 5344 CIVIL TERM = IN CUSTODY ORDER OF COURT NOW, this day of , 2005, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2005, at . M, for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , ""'.">-, -. , ,-, ~,~~ -~. - '- .'" "" -<. "., -",' , TINA M. WRIGHT, PlalntlfflRespondent I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Y. I CIVIL ACTION - LAW BRIAN N. WOOD, Defendant/Petitioner I NO. 2000 - 5344 CIVIL TERM I IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the petitioner, BRIAN N. WOOD, by his attorney, Harold S. Irwin, III, Esquire"and presents the following petition for modification of custody, representing as follows: 1, The petitioner is BRIAN N. WOOD, an adult individual whose residing at 5145 Susquehanna Trail, York, York County, Pennsylvania 17402. 2, The respondent is TINA M. WRIGHT, an adult individual residing at 45 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257, 3, The parties are the parents of three minor children, namely KIMBERLY WOOD, born November 23, 1991, age 13, KA YLA WOOD, born March 2, 1993, and KASEY WOOD, born July 17,1994, 4, The parties are subject to a prior custody order entered by Judge J, Wesley Oler on October 3, 2000, awarding the parties' joint legal custody, the mother primary physical custody and the father partial physical custody on alternating weekends and such other times as the parties mutually agree. A copy of said order is incorporated herein by reference and attached hereto as Exhibit "A", 5. Petitioner has been concerned about inappropriate physical discipline and other improper physical contact of the children by the respondent. Petitioner recently became aware of physical abuse by the mother of the parties' minor daughter, Kimberly Wood, "~, p"," -, ';-'7' - ~ - '-- -~ - ... ~ which abuse resulted in the child receiving a bloody nose. Such abuse was reported to Cumberland County Children & Youth Services and Father picked up the child at school in Shippensburg and took her to his own home in the York area, 6, Petitioner believes and therefore avers that the best interests and permanent welfare of .timberly Wood require that the parties continue to have joint legal custody qf the child, buHhat primary physical custody be with petitioner and that respondent have specified periods of temporary custody and visitation with the child in accordance with a schedule which may be agreed upon at a conciliation to be held in this matter, WHEREFORE, petitioner requests that the court enter an order providing for the modification of physical custody of Kimberly Wood as aforesaid, March ~, 2005 HAROLD S. IRWIN, III Attorney for petitioner 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 ^~-"- " ",".,~ ,_,_, ~, - - . _, '1" .". -. ',.,_" - ,-,. ,,--, _,_ _ <,__, """. . ~__ -- ~ ~--" - - _r' VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities, March 2, 2005 ~~. 1 iJcucI ~RIAN N. WOOD 3- 51 ~oS- >;., """", .> '__"<,"",'r"'"_, ,.",_",_,,,,, '''-" '--1", ..'~ . ,-- U~/UL/~UUO UL:~L~M ,r AJ";UM .t"'I\UJ:. t:. ur .LV TINA ~l. WRIGHT, Plaintiff : IN THE ,alJRT CR! CXHIQiI PLEAS CR! : CUMBERLAND CCXlN'fi, PENNSYLVANIA . . VB. : NO. 00-5344 CIVIL TERM . . BRIAN N. \'KlOO, Defendant : CIVIL ACTION - LAW : IN CUsroDY ClUlER OI!' a:lO.RT <= =.i='.~: ~'"" ~... orclet-ed and directed as follows: day of A"\ t l~ - . _ _, _ J~' ~"UStoay ~.Report' 1t is 1. The Mother, Tina M. wright, and the Father, Brian N. Wood, shall have shared legal custody of Kimberly WOod, born November 23, 1991, Kayla WOOd. bom March 2, 1993 and Kasey Wood, bom July 17, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-en-ergency decisions affecting the Children's general well~being including, but not limited to, all decisions regarding their health, education. and religion. 2. The Mother shall have primary [tlysical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional ti1ilesarranged by agreement of the parties. 4. The parties shall communicate with. each other to establish custody arrangements for holidays and birthdays at least 5 days in advance of the holiday or birthday. 5. unless otherwise agret!<'! betwe..n the pardes, the Father shall provide transportation for exchanges of cUstody at the Mother's residence in Shippensburg, Pennsylvania. ' ' 6. In the event the Father is unable to exercise a period of custody under this order I he shall provide notice to the Mother at leaSt: one day in advance. 7. Each party shall ensure that the other party has his or her current address and telephone number alan Oa'l9oing basis. 8. i1le non-custodial parent shall, be entitled to have reasonable telephone contact with the Children. 9. The parties may rrodify the provisions of this Order by ,lII.Itual '.~ . '. , ~,'- - ",~---' ~ ,,' '0-- ~-,_ "_ 'I -,t,," - ,," - > " - ~-,-~' ~,.- . ---, 03/01/2005 01:41PM FAJ(COM PAGE 3 01" 1U .---.-------.- . ,. consent. In the absence of llI.ltual consent, the terms of this order shall control. BY THE 00tJRT, J. CC: Kim Sebring, and Tharas M. P]~c~.. Es~,4.re .. Caw-.sel feu:- J"o!other i3rian N. Wood, Father \ nUE COpy FROM RECORD III T ellimony whereof, I hel'e unto set my hand ;: t.....!i...~~ ~a cO~:(fJ1..~~~,pa. .. 1 ",,,... , ,_-~_ 'C"Y""''C:''''"- . .",,'-';'\-::-'.',-' . ,-, . . , " - 03/01/2000 01:41~M YAX\,;UM tlAUJ:. C ur l.V \, ,.~\ . . ". TINA M. WRIGHT, Plaintiff :' IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA v, . ;CIV1L ACTION - LAW -~ BRIANN, WOOD Defendant . ; NO. 00 .$Ji./Lj ClVILTER,M :-. COMPLAINT FOR CUSTODY The plaintiff, Tina M. Wright, by her attorneys, the Family Law Clinic, sets forth the following cause of action: " 1. The plaintiff is Tina M. Wri!:(l!t r..iding at 218 J;',,~t Orange $troet, ShiPl>eriSburg, Cumberland County, Pennsylvania, 17257, 2. The defendant is Brian N. Wood, residing at 27 Cloverleaf Road, York, PeIinsylvania, 1i402-9458. 3, Plaintiff seeks custody of the following children: Name Present Residence Date ofBirth Kimberly Wood 218 East Orange Street Shippensburg, Pa. 17257 218 East Orange Street ShipIJensburg, Pa. 17257 218 East Orange Street Shippensburg, Pa. 17257 November 23, 1991 Kayla Wood March 2, 1993 Kasey Wood July 17, 1994 The children were born out of wedlock. The children are presently in the custody of the p1aintiff7mother. , " During the past five yem, the children have residedwiththeJollowing persons and at the following addresses; Persons ' Addresses Dates TinaM.Wright Cumberland County 1995 - July 1998 TinaM, Wright 218 East Orange Street August 1998 - Shippensburg, Pa. 17257 Present ~" "e",,~ -~. ,. - i .'1 ".'--' 0_ _ ",.' _ . " ~ --,. , .' U~/UL/~UUO UL:qL~M rAJ\l.;UI'I ....I'\\.u:. I VI-.LV . \, 4. The relationship of the plaintiff to the children is that of mother. She is single. She currently resides with the following persons: ~ Kimberly Wood Kayla Wood Kasey Wood ReJationshin .- .. daughter, daughter son 5, The relationship of defendantto the child is that of father. He is married. He currently resides with the following persons: Name Relationshin None 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffhas no infonnation of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children Of claims to have custody or visitation rights with respect to the children. 7. The best interest and pem13l1ent welfare of the children will be served by granting the relief requested because plaintiff has been the primary caretaker of the children since their birth, 8, Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action, WHEREFORE, plaintiffrequests the court to grant to her custody of the children. Date: 7-li-cc .J,l FAMILY LAW CLINIC 45 NOM Pin Street Carlisle, PA 17013 717-243.2968 .-_,y,"", ."., ,-" ~-,~"~ "" _,,,"__~<,__~p ,_,,~ __ _0 " .""" 03/0,1.12005 0.1.: {.1.PM FAXCOM ,JJAliJ:!. II Ur.LV , .l. ~ ", " 10.' ., , VERIFICATION .l-..... - I verify that the statements made in this Complaint are true and correct. I IInderstand that false statements herein are made subject to the penaIties of 18 Pa.C.S. '4904 relating to unsworn falsification to authorities. Date: (- Iq.o() , \.t~c.Ql~~ Tina M. Wright -,,~ -JP,'r"'-"",-.,,~" ,0;'''", '_-"""-1~~ ,~,_, '., _~ ,_o"~",_,, ,,''",,', - ~ ""l ~ ~~ 1V , ~'"'.' ,., d .1IIlI!I.^ '!""" , . ~ ~f\ ~ ~ i'J: ;:- \ ~ -..J .:Stst , '0 \ "", ":",~""",~"~~m'W~ . .'," ~'I'>~ ~~ n c ;[1 ~'>' ::"," ~~;} }:: ~~~~ c5 ~~L~ ,.1> r-~ Z =2 . --"-.^, -~~=-~""~'"-''''''""Y''-".' ' No = = c.n ::II: > :::0 I ..- ""U :x ~ ~:!l -:oFn L~ 'T' ~~ Om ;?! ;n -< - .. <.n 0') '_,.-'^c>, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINAM, WRIGHT, Plaintiff v, CNIL ACTION - LAW IN CUSTODY BRIAN N, WOOD, Defendant NO, 00-5344 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf ofthe Plaintiff, Tina M, Wright, in the above-captioned matter, Respectfully submitted, KNIGHT & ASSOCIATES, p,c. Dated: March ~ 2005 ean M, Shultz, Esquire Attorney LD, No, 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff ;-,-.J. , , , - ,., i,-',-e.' 0-",-1 '. ~lJd:iIti ~ litl1:liI_lll:ilJjlilll;l;iliI:rIllIlMI~ ----J,'-:w--ll;:-';,f,{l.:>L_:"'~,<,.JllJlJJI[J1l ~J~ ~_J ,)f-,ly.1.L";,.,,, . -";' ,-".2';' A.. -J:'''.''''~1_'' .'-;-,:;'.' ",--, , ,~~""", '~ii:'"""~"'~;;""""'" ..: ~ .~.....,"'-~, -,-_."~ ~ ,.,,,.. .... Q (-::p "'- -oi-SS l~i 2t:; ><: ?:Q "sc..;' J"'c: ~, ;;;,;: __ e,'y_ _ O~,,~^_, ~ ' .. (~ g c.n :Jl: SO '" CO o -n -I if.~ ~b ~~ 9 -, ~ ...., :;I: '" .' en lE;;~ TINA M, WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION - LAW IN CUSTODY BRIAN N, WOOD, Defendant NO, 00-5344 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS, COUNTY OF CUMBERLAND Sean M, Shultz, being sworn according to law, deposes and says that he is a competent adult over 18 years of age; that he served a copy of the Petition for Civil Contempt for Disobedience of Custody Order in this action upon Defendant, Brian N, Wood, by personally handing him a true and correct copy thereof and informing him of its contents at the Cumberland County Courthouse on March 28,2005, at 2:50P,M, ,~~ Sworn to and subscribed before me this 30th day of March, 2005, Notanal Seal Dolly M, Housel, Notary Public South Middleton Twp" Cumberiand County My Commission Expires Sept. 24, 2006 Member, PennsylvanIa .t\.c;socl,'!lfion Of r>4:Jiarb."'5 F:\User Folder\Firm DOC!l\Gendocs2005\3796-1cert.service.hand.delivery.wpd IT ..., . . o~.: V':".-~ "':.~,wJ~~ .e ~~ , .~~~1ItIJti . ~~iIIi!ilW;I-' ~""'~J!W_ ~.._~^"~'~-'" ~~lf_- ~ >- ~ Uj9 02 w:O ;;'..L.;E o CI- UJ,a: .....! --Uj U-jE 15 N U') N ;lC a... ~ 7' -"< ~~~ ;;5 (fl ;.-' 3;i~ z ::5 u I e:: 0- ct: ..,." = = "" <" ,~, I - ~~,,-, ~ ~" . -~ OIl ~ :;1 ~, TINA M, WRIGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 00-5344 CIVIL ACTION LAW BRIAN N, WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 01, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq. at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Friday, April 08, 2005 , the conciliator, at 9:30 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 tbe conciliator 48 hours prior to scbeduled bearine. FOR THE COURT. By: Isl Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 !~,l! ~" ~~~~:lf<,r...iil;r'<J.;'il!il"l;l;J:~IIltr""""",Ig",L<""'''c.' .-"""_'i,~b"g'&""'~""i"""'",,I..w.~1i!\\j..1m_oi~liil~~~ .-- ~l!lIllilii*1fl~~"- ~ , ~0~ ..v,,/-/lS /f 'I- tiS ~-V,?5 . ,,~--- fIU::D--t::O\:RCE . '- !i"'-': l'~\\11T\~-W OF W,L 1";""..11 nUi ,,) ./",,, ?\lO~ ~PR -L\ p~l 2,: \ 4 ,," .' ,,', l""IUN""Y CU~,ik~~;,"',~_,:'~-~L) ..J-.. 1,1 ,,"', \"......" 'I,"IIA r'tr\jr~v'(i...1i "\Ill, &ct. ~ ~~ df' dkifJ 71~ ,~ 'J" dtlf,' - ~~~~#--~p, :J,,,'!wJ "- f)!ltl,~j't..,JJlJL,-,.."."",,",,-,,_,,. _"" . __,_""'^","~I'_~"."""<i .""=.'. "e-,.. ,_<~. ""~...",..~"', __ _~__ ",.-, ,.-- ~-" ,'-""'-"~ - ''''.~' -~ ~.4 ~~ iIlr- , '.. ' 1" [r " .' RECEIVED MAR 2 91005::1'" G TINA M, WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY BRIAN N, WOOD, Defendant : NO, 00-5344 NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody, If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections, Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on ,2005, at _,m" in Courtroom IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fmed or both, By: J, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, 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, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 :"'1: 1,) r__" . " TINA M, WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW IN CUSTODY BRIAN N, WOOD, Defendant : NO, 00-5344 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 24th day of March, 2005, comes Plaintiff/Petitioner, Tina M, Wright, and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support thereof avers as follows: 1, The Petitioner is Tina M ,Wright, the natural mother of Kimberly Wood (hereinafter "Kimberly"), born November 23, 1991, and Plaintiff/Petitioner in the above-captioned matter. PlaintifflPetitioner is an adult individual residing at 45 Scrafford Street, Shippensburg, Pennsylvania, 2, The Respondent is Brian N, Wood, the natural father of Kimberly, and DefendantlRespondent in the above-captioned matter, Defendant/Respondent is an adult individual whose last known mailing address is 5145 N, SusquehaIllla Trail, York, Pennsylvania, 3, The October 3, 2000 Order of Court grants shared legal custody to both parties and primary physical custody to Petitioner ofthe parties' children, Kimberly Wood, born November 23, 1991; Kayla Wood, born March 2, 1993; and Kasey Wood, born July 17, 1994, The October 3, 2000 Order or Court in the above-captioned matter is incorporated herein and attached hereto as Exhibit "A". 4, Paragraphs 1-3 of said Order provide: "1. The Mother, Tina M, Wright, and the Father, Brian N, Wood, shall have shared legal custody of Kimberly Wood, born November 23, 1991, Kayla Wood, born March 2, 1993 and Kasey Wood, born July 17, 1994, Each parent shall have an equal right, to be exercised j ointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, 2, The Mother shall have primary physical custody of the Children. ;;;~ , . " 1-.' ,-- . -.. ,d 3, The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p,m, through Sunday at 4:00 p,m" beginning September 22, 2000, and at any additional times arranged by agreement of the parties," 4, On or about February 24,2005, Respondent took custody ofthe child, Kimberly, in violation of the October 3, 2000 Order of Court and has retained custody of the child ever since, 5, Kimberly has accumulated unlawful absences from her school, Shippensburg Middle School, since she has been in the custody of Respondent; Kimberly possible failure of the school year due to the accumulation of unlawful absences, 6, Respondent filed a Petition for Protection from Abuse on behalf of Kimberly in the Court of Common Pleas, Cumberland County, Docket Number 05-1183 Civil Term. 7, Kimberly has been attending school in Respondent's school district since the Temporary Protection from Abuse Order was issued by the Honorable Edgar B, Bayley, 8. Respondent's Petition for Protection from Abuse was denied and dismissed, and the Temporary Protection from Abuse Order was vacated, by the Honorable Edgar B, Bayley after a hearing on the merits on March 18, 2005, 9. Petitioner now has a truancy hearing scheduled on April 22, 2005, due to Respondent taking Kimberly from Petitioner's custody in violation ofthe Order of Court, 10, Petitioner is being denied all access to Kimberly without cause, 11. Petitioner reasonably believes that the Kimberly's affections are being alienated, WHEREFORE, Petitioner requests that Respondent be held in contempt of court and be ordered to pay Petitioner's attorneys fees and court costs, Respectfully submitted, F:\User Folder\Finn Docs\Gendocs2005\3 796-1 contempt. pet. L wpd ean M, Shultz, re Attorney LD, No, 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner I,,,"", I" )'; '1,,~ " VERIFICATION I verifY that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Ii 4904 relating to unsworn ' falsification to authorities, Date: ~...<..t.. z. ~ z.,oo<;" "-tw0~~h ,l~~ Tina M, Wright -" "J"' ~"' 0 " ':r, ~ -> " TINA M. WRIGHT, Plaintiff : IN THE CXXJRT OF OOMMON PLEAS OF : CUMBERLAND CCONTY , PENNSYLVANIA : vs. : NO. 00-5344 CIVIL TERM . . BRIAN N. WOOD, Defendant : CIVIL ACTION - LAW : IN CUSTODY OODER OF COORT ,AND ~t this ~ -:- day of A"'\ 1 ~:-..__,_ ' ~~ >'pcn ~c;ns:!.dar~::.i.::m vi: th.. ",t...acr.ea ~ust:oay ~ Report, 1t 1S ordered and directed as follows: 1. The Mother, Tina M. wright. and the Father, Brian N. Wood, shall have shared legal custody of Kimberly Wood, born November 23, 1991, Kayla Wood, born March 2, 1993 and Kasey Wood, born July 17, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional times arranged by agreement of the parties. 4. The parties shall communicate with each other to establish custody arrangements for holidays and birthdays at least 5 days in advance of the holiday or birthday. 5. Unless otherwise agret!<'! between the pari:ies, the Father shall provide transportation for exchanges of custody at the Mother's residence in Shippensburg, Pennsylvania. 6. In the eVent the Father is unable to exercise a period of custody under this Order, he shall provide notice to the Mother at least one day in advance. 7. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 8. The non-custodial parent shall be entitled to have reasonable telephone contact ~ith the Children. 9. The parties may modify the provisions of this Order by, mutual ~ ,J', : _. ,/I .,,' consent. In the absence of mutual consent, the terms of this Order shall control. BY THE OJURT, J. cc: Kim sebring, and 'l'homas M. phr.:e.. Esq'..li~e .. ::Cu...sel fo;;: Nether Brian N. Wood, Father 'r,-"1":"""'=' -11' - ,-,-"'. ." .", ~ ~ , . >11II!'Il~~1l <<-\ .:~ -..~ '~ ~ \ .. ~. .~ ~. . " ,--, ,,,,.,. , L. ~-~r;"-, ."1'Il! ,.' ~-,-,. ~'ff"'" ~. "" ~ ~ - "'", )." )..J r .J ~ ~ ~ 1( ,~ \ .....-,., (J c: ~~ 1-~~" <-~ :> ,-'- :7"~ ~ ~~;y Z :<: .._,~........."', 'J'I)" '.. . ~', ~'.. """ <= !fl = "'" :x ~-n ".. :::0 m- N ~~ @) &- ;rb :r!3j ::;:: 0 ~ a?rl 0-< W :'.0 -< 1 ~ r~Wl!~I"'l'i"'"""WT"""'" -.,.,,*,'~~ 1!ItlIlMIlU1IWJ1111l"lll!,1!l! , ~",""",..ij~ TINA M. WRIGHT, Plaintiff v. BRIAN N. WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of March, 2005, upon consideration of the Emergency Petition for Special Relief, and following a hearing, the Court finds that the Plaintiff is entitled to the relief requested at the hearing in the form of a return of the parties' child, Kimberly, to her primary custody and strict the order is changed. adherence to the terms of the existing order by the parties until Attorneys fees are awarded to the Plaintiff in the amount of $600 from the Defendant and shall be paid within 60 days. By the Court, Sean M. Shultz, Esquire 11 Roadway Drive, Ste B Carlisle, PA 17013 For the Plaintiff Brian N. Wood, Defendant 5145 Susquehanna Trail York PA 17402 pcb k\ , ""? ~,.,- - .~ ,. ,~ \ J. I s~~ J L{-1-zS:) J\h- ^ _f '>- ""~.~*~",,,-~-..,. ''''~,." ". .",- ;;;..........-'.iilAA~~iI" M~ ~~ , - ,~. .IilIiIl-'."".~ F1Lffi-tJfFICE OF THE- PROiHONOTARY 2005APR -7 PI1 I: 25 Ci !I\"C)~::I' ':""'J' C'r'UNITY ....' ":~/,-t l~""~ H. V f PENNSYLVANIA ~ ~ - , >,. ,. .. H ~ _', 0R ~ - 'l "", . .... RECEIVED APR 1 2 7005 r TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 IN CUSTODY COURT ORDER AND NOW, this ~ day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the ;?t)tt; day of ~, 2005 at q; 3tJ ..iL..c. m. At this hearing the father shall be the moving party ang~'proceed initially with testimony. At issue with this hearing shall be father's request to modify the Custody Order such that the minor child Kimberly Wood would be under the primary custody of the father. Additionally, at the hearing the Court will take testimony on mother's Petition to hold father in Contempt of Court for violation of the existing Court Order. Counsel for the parties or the parties themselves, if they do not have legal counsel, shall fIle with the Court and opposing counsel a memorandum setting for the history of custody in this case, the issues currently before this Court, a list of witnesses who will be testifying on behalf of each party 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 prior Order of October 3, 2000 shall remain in effect. cc:~ M. Shultz, Esquire vf!rian N. Wood .JIarold S, Irwin, Ill, Esquire g (~"If'!!) ~~D6 O-\~\L\' BY THE COURT, J ~ , ',' '"', . .,-"_ )'_E;.'_r '--'1,,: ~'-> -_0 ",J)"_~__' -- '_" . _."~ - - _ _ -",. ,.~", ,.,~ ., frio!., ~ . -',",,",", , , -, 4 , ~<, ' ~ .;.;;.-""_....~.,: ''''jjllilill< , , - "~ '" , ~ _/,;~. '-i'.ll"'''~;'- ",' ;""'"=~, -,~,-,.,-,!: .,C~"' ,; _ - -''''C_ "~ _~, "",,"."~ ".p~\ih'''",_,- CILE" ""-1i"E I !J'""'.....rr-rv ,,- 11.1" Dr.'n'IY'~Y)T/,q\1 vr ,lit: 11\...11, ,\.11'... .hl. 2005 APH 13 PM li: 0 I CU;'/2\:>< '\',' COUNTY Pb\j;\SYl:j!~,hHA 1ft ~ " "- TlNAM. WRIGHT, Plaintiff ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 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: Kimberly Wood, born November 23, 1991, Kayla Wood, born March 2, 1993 and Kasey Wood, born July 17,1994. 2. A Conciliation Conference was held on April 8, 2005, with the following individuals in attendance: The mother, Tina M. Wright, with her counsel, Sean M. Shultz, Esquire, and the father, Brian M. Wood, who appeared without counsel. 3. There was an Order from 2000 giving mother primary cnstody of the three children. In February of this year, the minor child Kimberly expressed to her father that she wanted to come to live with him. Father accommodated Kimberly's request and took Kimberly into his home. Since that the time he fIled a Petition to modify the existing Order to confmn custody of Kimberly and him. Mother fIled a Petition for Contempt and also sought special relief. After a short hearing before Judge Oler, Judge Oler Ordered that Kimberly should be returned to the mother's home. 4. The father still believes that it is appropriate for Kimberly to come to live with him based upon her expressed desire and other reasons. Mother believes it is not appropriate for Kimberly to be in the primary custody of the father. A hearing is required. 5. The Conciliator recommends an Order in the form as attached. tt-Il- 6~ DATE '-"'- -, --~, ~-Y', '._ _, .,_'"_,r"!,,<-=,, "';,,- t"l'_ ,. ',^ ~ ." - -". ,- ^ ,,~-'-- OH'> r._. c '-, . . :il RECEIVED APR 202005 ,. HAROLO S. IRWIN, III, ESQUIRE SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717 2A3-6090 ATTORNEY FOR DEFENDANTS TINA M. WRIGHT, Plalntiff/l : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION. LAW . . BRIAN N. WOOD, Defendant' : NO. 2000 . 5344 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this ~ day of April, 2005, on petition of Harold S. Irwin, III. Esquire, a rule is hereby issued upon defendant, Brian N, Wood, and plaintiff, Tina M, Wright, to show cause why petitioner should not be permitted to withdraw as counsel for defendant. Rule returnable l 0 days after the date of this order, Service to be by certified mail upon defendant and upon plaintiff's attorney of record, Sean Schultz, Esquire, By the Court, ~ ~ 6,05 O\'~ , , - ~, f---. _w ~-"",.., ",',-,' "' ", _ ." '. ~"~~~!Ui,"-,~:~ ~ . " ~~^~ +~ ~,k __,,'~_C~~'~__',,~" --",~ ~ > " ...6:" ",. ~'.- ..~ ~ ".C ~ '" (') s _0 Jjt~~ :1::_;.;-f .<:::-.,' &i~~~ ~,8 z =< "- -" -"~" o' . -~ ~. ,- ..., <::> <::> <.n :r.. -0 ::0 o -Il :r! nl:D " -CJTn :00 qL, --,0 ,-rij o:U .:2;0 Om j;! :0 -< N I" -0 :3:::: 1':,> w o 1m ~ . I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA TINA M. WRIGHT, Plaintiff. v. I CIVIL ACTION - LAW BRIAN N. WOOD, Defendant.. _ ... I NO. 2000 - 5344 CIVIL TERM I IN CUSTODY PETITION FOR RULE TO SHOW CAUSE NOW comes Harold S, Irwin, III, Esquire, attorney for defendant, and presents this petition for a rule to show cause, representing as follows: 1, Petitioner is HAROLD S, IRWIN, III, attorney for plaintiff, with offices at 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013, 2. Respondents are BRIAN N, WOOD, an adult individual residing at 2140 Old trail Road, Etters, York County, Pennsylvania 1717319, and TINA M, WRIGHT, an adult individual residing at 45 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Petitioner has represented the plaintiff in this matter since March 2, 2005, 4, The parties are presenting engaged in a custody proceeding, A conciliaton was held on April 8, 2005, and at the request of the plaintiff, petitioner did not appear to represent him at the conciliation, The parties were not able to resolve their custody issues and a hearing has been scheduled for June 20, 2005 before Judge Oler. 5, The plaintiff has been unable to pay petitioner in full for services rendered to him to date. In addition, plaintiff has indicated to petitioner that he can no longer afford private legal representation and has requested that petitioner withdraw from the case, _, ~f"'_~ --, - .T.' ; _.,,,~_~~_", .-f'-, l~' , _'_^j,~__ __ " ~~ __ 0" _ ~_ _ ^'",'" 'c' , ",~ -- ,j""~, "___' ,_~"_ _m_". _ ,.--" ~, ~_o c> -~ 6. Petitioner believes and therefor avers that plaintiff has adequate time to find substitute counsel, if necessary, should this Court grant petitioner's request herein. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why petitioner should not be, permitted to withdraw from this case as counsel for plaintiff. HAROLD S. IRWIN, III Petitioner April 19, 2005 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 'j. -~, ~ .' " ",",< _:-~,-- ,~, ,-- ""'-,",, ~-~__"::,"._ '''"t,'~,"_ 'c._ "<,,._ ~, '>, _~" ,_ .""'. VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa.C,SA Section 4094, relating to unsworn falsification to authorities. ()J ;, f) f April 19, 2005 ' ~~k{ :;};'>}~ HAROLD S. IRWIN, III Petitioner ' ;1 ',j '~ ;,-~".",t._~~--.~-y--0-_.'-_ -'I' _ ,_.~,,~_,_.,_.,. 0',' c_.',', <". - -- - -~-" ->, '-- "' ~0 ~ , <q.,c 1-' ~",~ ~ , ,~ v "-- -- o _J~ ~p~ S?.,l;~: !~C ~~ ::< "" U1 CX> .,--. "W' n__ "1 ..., = "'" <;n ::.- -0 ::0 Si? =;:1 iil:JJ r- -0171 :00 ~(:, X=fl o-a '~O Om --< 5'i -< \0 ;r,. ::r '~~",,4_~,_~I\OO; _'_UJI~~~~)1il!';~~~~~ ,,~, ,~__, "-'" '-.'C,_,_.'!1 TINA WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION 5344-2000 v, BRIAN WOOD, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTOARY: Please enter my appearance on behalf of the Plaintiff, Tina Wright in the above captioned case, Date: ~ -- :; - 2 - OJ Respectfully submitted, ROMINGER, BAYLEY & WHARE 7 ,..- Karl E, Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintift~ Tina Wright in the above captioned case, Respectfully submitted, Date: 1/'2-7/0' ,~ V bG .,,-, . ~. - ,'. '"'C-','_,,,,,,, . .- ~-"~'" >"0"'" rnl~lIl' t ""j', !liLf .',>,"'-;';h' ' .. <;::wE: :if,J:::tr',(--"d.0" .... ~i:'~l '~-i~" "'_",,, ''''1., :ilf .~" :11ifiit/ft[r~Y[lj o c <'" I~ ~':C~ ~C) -c Z :;! , .,"", _"i __ ~"""" ~,(. ,""tli:'l'''--'-' <.il;;,i.k:/'''' ......, = = <J'l :x > -< I (,,;) ;!> 3: '? w CO ~ :t nl:rJ -Q,fn ::fJt::I 86 I=H 0-' :7(")- Om --, >' :n -< ~ rlJ , ~ ~ ~-" -' J; l' ,II ;1 '! ~1 " ,I 'I ;1 " -J i , j ',j .. , ,'j ';: 'j 'I , j '-.~' TINA M. WRIGHT, Plaintiff v, BRIAN N, WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of June, 2005, upon agreement of counsel, the custody hearing previously scheduled for June 20, 2005, is continued generally. Counsel are directed to notify the Court if a hearing is requested or if a settlement is reached, " /R'"arl E. Rominger, Esq. " 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff "Harold S. Irwin, III, Esq, 64 S, Pitt Street Carlisle, PA 17013 Attorney for Defendant :rc _q ..__N~,,','__"'__,_ '_ , _~;" . -"-"C"., __~ BY THE COURT, ell esley Oler, Jr., J, ~ " ,c" _ ~ . ,',< '''''"~.,_.~_. 0____ "'- '-,'0 "t{- .1. ~llliiilillMlW '1&nilIti.~~~ ~~ ~ :r ~'_"~!i1J!t;N~1Ll,J::,'-,:":h.C",,,1 ~~ L ~__,_,t_.,";,-J~ ,',~, ii~~",.'t, M'~-,<" " FILED-OfFiCE DC' THf: DPr'T!, ,In','\!f'\lAQ'{ i '- I II\.... , ;./ ',' ,\l. onns il'IJ 22 bJl.l ",",Witt f",' '1 I" n ",; :J CUlvr~~,,,:~ ~._, < 1'~,',c:tjf',lTY \ ,:S\'l:/.t\hjV~, "':.7"''',,",-, _..._ _ ..'"^. "~' , . '...... ~--I >. ,___ tJ;;; , ROMINGER, BAYLEY &WHARE Attorneys a tL a w Karl E, Rominger Mark F, Bayley Michael J, Whare James!. Nelson Michael O. Palermo, Jr June 17, 2005 Via USPS and Facsimile (717) 240"6462 Honorable Judge LWesley Oler One Courthouse Square Carlisle, .Pennsylvania 17013 RE: Wright v, Wood No.: 00-5344 Dear Judge Oler: , There is a Custody Hearing schedl.ded forJune 20, 2005,.at 9:3Q a,m,inyour court'room.in the above referenced. matter, The. parties have ,reached. anuiIderstanding and Stipulatioll which would allow the matter to be removed from the courts consideration, I have queried Attorney Irwin 00 behalf of BriaiI N, Wood and he and his client are inagre(:t)1ent with removing 1;hismatter from the Ilst,andcollti.nuingthe matter generally to th.e call of either party to allow time for the final Stipulation to be signed, It . would then be anticipated that once the Stipulation was signed that the court would remove this niatterfrom consideration entirely, Therefore please consider this letter a request to remove the Jime 20, 2005, hearing in the above referenced matter to the call of either party, Further, the proposed Orderandthe Stipulation would include language removing this matter from the courts calendar entirely, ' If the court could confirm that this could be done On this day ,it would be. greatly appreciated as the Hearingbegins immediately afterthe weekend. lfyouhave any questions, please do not hesitate to contact me, Sincerely, ;2 (' Karl E, Rominger, Esquire KERltlp cc: Tina M, Wright Harold S, Irwin, ill, Esquire 155 South Hanover Street, Carlisle, Pennsylvania 17013' Tel: (717) 241'6070 , Fax: (717) 241.6878 www.romingerlaw.com ADVOCACY . ADVICE . ANSWERS -~-1 4. ~ _ " TINA M, WRIGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-5344 CIVIL ACTION LAW BRIAN N, WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 14,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 17, 2005 , the conciliator, at 10:30 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 mav 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 heariug. FOR THE COURT, By: Isl Hubert X. Gilrov, Esq. 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact ollr omce, 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 A TTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I 66 '~"<'-..."i, V~ . - Ht ~ ~~~~i:!f.-'..M!l'i!lI~llil!dl.%;I;,illi;;~,i.~tlill~":"","'.iO'l-"",}-'~j,~~",,',,"'&,U""'&""",,,-~,re.t~!iJijO_tf~!!ih~idl~ , ...",," r~'..l~>" ~'" ~~\:.Et}-(}:'i::\:~'~~",_,.." n 11''': 1"""'\';'1 '(\,,1, 'hKY OF . ~lt (;-',,,..'. I ,'"."' ~,,, i 2005 ocr i 8 Ph 12: 03 " ." . - ,'tV g\\T'I ('I ","',:1 ' 'i ,-,,-,,,-,,, ' ,ulv:'_"" "~:':,' 'I'" ",--'. 11'.,k"'J' \i~l\ 'iJ\ r'cril';~) I L.d' " /()'lg.tJ,5' M. (I~~d- 4 ~ /O'l'(~ 7t~~c; ~'~ /OR"OS ~ ~ ...,;.. J'V'~~_ ~. ,,-d.');~ <.'.. ,;~!).,H,W,.L)U,,,~,,~""",_;lJ_,,,~C ..-b.;,.,~" I: ~~<y,~,., JL,:-s:-_-., ~y- .. .. r " . ,j , .~ ~ ... ~ E1V.-" ~^T' , ""05 R::C, tJ <-v, .u ~t( TINAM. WRIGHT, Plaintiff :IN THE. COURT OF CO)\1MONPI..;EAS OF :CUMBERLAND COUNTY".PENNSYLV ANIA v. BRIAN N. WOOD, Defendant CIVIL ACTlON -LAW , No. 00 - 5344 CIVIL INCUSTQDY ORDEROF COURT AND NOW, this _ day of ,2005, in consideration of the within Petition a Hearing is scheduled for the _ day of , 2005 in court room at , . o'clock _' m. at the Cumberland CourityCourthouse, Carlisle, Pennsylvania, BY THE COURT; J. Distribution: Karl E. Rominger, Esquire Harold S. Irwin III, Esquire !JIll" ~" ,. ,_. ~ _,~._ ~_ ,__~~_~, ,_, ,." ,",.,-...." -. " TINAM. WRIGHT, , Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. BRIAN N. WOOD, Defendant, CIVIL ACTION - LAW No. 00 -5344 CIVIL, IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Defendant, Tina M. Wright, by and through her attorney, Karl E. Rominger, Esquire files the following Petition for Contempt and avers the following: 1. The Petitioner is Tina M, Wright, who resides at 45 Scrafford Street, Shippensburg, PA 17257. 2. Respondent is Brian N, Wood, who resides at 5145 Susquehanna Trail, York, Pitl7402, COUNT I 3. On March 28, 2005, A Order signed by The HOIiorable Judge Uler, stating that , "Attorney's fees are awarded to the Plaintiff! the amount of$600 from the Defendant and shall be paid within 60 days," 4, Respondent has failed to obey the Court Order, and has not paid Plaintiff. WHEREFORE, Petitioner respectfully requests this Honorable Court to adjudge the Respondent in contempt of Court, and require him to comply with the March 28, .' 2005 Court Order, Pay $600,00 and reasonable attorney's fees. CountIl Relist Custody Matter/Trial 5, The previous paragraphs are incorporated within, 6, On June 20, 2005 a Custody Hearing was. scheduled at 9:30 a,m,ili the Cwnberland County Courthouse, 7,On June 17,2005, undersigned sent a letter stating that th" p!Uties had reached' . " . , an understanding and stipulation, and to remove the June 20, 2005. CJJstody Hearing from the Calendar, 8. The partiescouldnot agreeonthduneraIterms. of the Stipulation, and the Stipulation was never signed, 9. Petitioner would like to relistthis custody matters, anda1:1:end aCustody hearing to a4dress these issues, WHEREFORE, Petitioner respectfully requests this Courttoreschedule a Custody Hearing on their next !witilable date. Respectfully Submitted, , ROMINGER, BAYLEY & WHARE ,'I " DatedD (A- ~ lfl()t- . K20min~ Esqwre 155 South HanoverStreet Carlisle,Pa 17013 (717) 241-6070 ," Supreme Court ID #81924 Attorney for Petitioner ~ .,.,.... ,- ,,- .-~.... ., , >>. ,"'dO_ -- " ^' , " . TINAM. WRIGHT, Plaintiff :IN THE COU,'..R" T.,... OKC,O....M,.MO." N.,P" L, EA, S, "OF :CUMBERLANDCOUN'fY,.PENNSYLVANIA v. CIVIL. ACTION- LAW No. 00 - 53'4'4 CIVIL IN CUSTODY B.RIAN N. WOOD, Defendant VERIFICATION I verify thatthe statements made. inthispetition are true and correct. ' I understand that false statements herein are made subjectto the penalti~sof18 Pa, Cons, Stat. Ann, ~' '490'4 relating to unsworn falsification to authorities, Date: \0\0 CJ5 , ' (, ',., . '" ,.1 ..' \J' \&ktL \K\'<) . ',' It .' " , Tina M, Wnght, Plaintiffi'Petitioner ' "',,,,,,!,- - .. ,,,. ,. ,^.". ~ ~.,., 4_ " ". - .~ ,.-- TINA M, WRIGHT, Plaintiff , ' :IN THE COURT .OF COl.\fMON PLE)\.S.oF : CUMBERLAND COUNTV,PENNSYLV ANIA v. BRIANN. WOOD" Defei:1dant CIVIL ACTION -LAW No. OOc5344 CIVIL , IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. ROlllinger, Esquire, attorney for Tina M, Wright, do hereby certify that I this day served a copy of the Petitiouto Contempt uJJon the following by depositing same in the, Uriited States Mail,' first class postage prepaid, at Carlisle, Pennsylvania, " ' addressed as follows: BaroldS, IrWinJII,Esquire IRWIN LA WQFFICE 64 S, Pitt Str,eet Carlis1e,Pa 17013 , ~ Dated:Qc)- ~ LQO \ 0--" Karl E. Rominger,Esguire . 155 South Hanoyer Street Carli~le, Pa17013 (717}241-6070 Supreme CourtID #81924 Attorney for Plaintiff -"'-~ . ~~ OIl' " -~ T~-~I~IJlII!IIIII!III~ "-. __ L..' ~ _ ~'D\.\ "'" V\~ ~ " '"," ~~~, "',c".." ~ ",".", '''''',''''.'''1)'' "'il"rr "iry 0 '" 0 = c c" '"Tl ~ .' "'" .lJ\~:; 0 ~'"T1 ~ ;-r: ~- . C? n'r-:: - r -" $ :::-::" -orn I ~_r]O ':,:J ,...J 91::' ..(., ~ -::r":Ti ~ :-u ";5 ,'1 '-.. 0 '" "OJ". ::It ~~() ~~< ~"';rn " ..." ~ yt y, "" C L:. ~ -'J .t:'" ~ .~:::. ~ ~ "'<) _~,~lI/!llll!!l"i\II!lW_p:l1~n!Wf'?"'-w.'~"~'i*"I,";<-!",j'-"-?';-";"_""""'-~I""'"'i'_iJ~rlrll~'''_'t;$':l!W!1'lll1j~''!IIl'' "1' ~ ... ./. ~- ~~ '-:,",'_0'; t., TINA M. WRIGHT, Plaintiff NOV Z ~ LOO) IN THE COURT OF COMMO u:'EAS.oL~ CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5344 CIVIL ACTION - LAW vs. BRIAN N. WOOD, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ""{ day of Ve:.c.c. .....L...J 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the fla- day of ~ ,200" at!L:Q... a.m. At this hearing, the following two issues will be addressed: A. Mother's Petition to hold Father in contempt because of Father's failure to pay Mother $600.00 in attorney's fees in accordance with the prior Order of March 28,2005. B, Mother's request to modify the existing October 3,2000 Custody Order. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and the other party or their attorney, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party, and a summary of 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 prior Order of October 3, 2000 shall remain in effect. BY THE COURT, Cc: Karl E. Rominger, Esquire Mr. Brian N. Wood Harold S. Irwin, III, Esquire {)-)<fS- ~ ~ JIJ> " ~MilIIiiollK.&iJi_~"'-'4)"",~r-"<;a;;tli~11ii,fffill!lii>!''''''-~<ll'iJ11"'''!''"1,'!,>Li'''''_'''_'''',,,,,;.",,,,,,,,,~,"\.-,,,,,,,",j_1Jo!l,,.""lt~l'!liiQIH~:~""'~'~-'''''~i1,''..ijMlllll~,~\liUM I ,1 Ii ;"", ',,' ,-l;Ji,_ ~,_ f~5\!~1:,L, .II J!]JA~__u.[lJJr1",,,~ .~,." - ,,-~-," ~-- --,.'-'." ,-'\r- j :.- '~"I F'f! cO'" ", "'/"E 'p r' I....; ,!.,,-. \ TI-E: -1:,y.;c0"~"ici;:[;jT4Rry 00nC ~ ~ l', '" [;'....r "''''''''' 1-.... P'" I. n y: 03 CU-,. '. '-~.lil I!l ";'i<. ,"11- ~" ^' TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5344 CIVIL ACTION - LAW BRIAN N. WOOD, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. 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 infonnation pertaining to the child who is the subject of this litigation is as follows: Kimberly Wood, born September 23, 1991 2. A Conciliation Conference was held on November 17, 2005, with the following individuals in attendance: The Mother, Tina M. Wright, with her counsel, Karl Rominger, Esquire The Defendant did not appear, and attorney Irwin had advised the Conciliator in advance of the Conciliation Conference that he has withdrawn from the matter. 2. The Defendant has not paid a $600.00 award of attorney's fees as per a prior Court Order. Additionally, Mother wants to modify the existing Order which dates to October 3, 2000. A hearing is necessary to address both issues. 3. The Conciliator recommends an Order in the form as attached. I (~21- OJ' Date: """'ll"_~ 1'1'" ~, , ~ COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0001390-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Brian Neil Wood Page 1 of 5 Judae Assianed: Kennedy, John S, OTN: H9357250 Initiallssuina Authoritv: Richard T Thomas Arrestina Aaencv: York Psp Case Local Number Tvoe(s) Date Filed: 03/09/2006 Initiation Date: 01/05/2006 Lower Court Docket No: CR-0000003-06 Finallssuina Authoritv: Richard T Thomas Arrestina Officer: Gray, Mark A. Case Local Number(s) Case Calendar Event Tvoe Arraignment 03/24/2006 9:00 am Status Scheduled Wood, B.rian Neil Bail Action Nebbia Status: None Date Bail Tvoe Percentaae Amount Bail Postina Status Postina Date Set 01/12/2006 Nonmonetary $0,00 PLAINTIFPS EXHIBIT Posted 01/12/2006 hJ7--,,,j ~ AOPC 9082 - Rev 03/20/2006 Printed: 03/2012006 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa,C,S, Section 9183, --1'~~~~ ~ I 1 . , -,~ -1-- "p~'j"""i"!'ir,,"'!f1","" '~~".,"' COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0001390-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Brian Neil Wood Page 2 of 5 Seouence Grade Section/ Descriotion Statute Descriotion Offense Date OTN 1 F2 18 S 3122.1 Statutory Sexual Assault 08/27/2005 H9357250 ~""~~~.~-__M-^,m'~~~~--_____w__~_~__~~_~___m~~~_^,_~_^, __~~___~__~_~"_~~___~~_~__~~____"__~_M"___W_ 2 F2 18 S 3125 SSA8 Agg, Ind, Assault - Comp, Less Than 08/27/2005 H9357250 16 Endangering Welfare Of Children 3 18S4304 SSA __~~~~_~~_,~'w M1 18 S 6301 SSA1 Corruption Of Minors 08/27/2005 H9357250 ^,-M'"-M_wY_~~_W_~_M~MM~_~_w~_'~~_~_~_~_'_=~_~~___~,"=wwwww,,,_ ~~_N,,~_~_~~~~m_~~_~==_N"W~"~__~~"~w~~__~~W_-__~_ M2 18 S 3126 SSA8 Ind Asslt Person Less 16 YrsAge 08/27/2005 H9357250 08/27/2005 H9357250 4 5 *_M""~__~_~~_""~~~____~_____",,"_"'~_~~"__'m~~'_~~Y~__ ~_~~_____~m~~,,"",,",___~~___~~~=-=~~~~~_,","'_~~~~="_"W=~~~~~~,~~~~~~~=_~~__~~~_,,_~~~_x AOFlC 9082 - Rev 03/20/2006 Printed: 03/2912006 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania' Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liabilitY as set forth in 18 Pa,C,S, Section 9183, c"I__,,~ - ~ ....... COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0001390-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Brian Neil Wood Page 3 of 5 Disoosition Case EVE''"t SeauencelDescriotion Sentencina Judae SentencelDiversian Proaram Tvoe Disoosition Date Offense Disoosition Sentence Date Incarceration/Diversionarv Period Final Disoosition Section Credit For Time Served Start Date Lower Court Proceeding (generic) Lower Court Disposition 1 / Statutory Sexual Assault Thomas, Richard T, 03/02/2006 Waived for Court (Lower Court) 03/09/2006 Not Final 18li 3122,1 2/ Agg, Ind, Assault- Less Than Waived for Court (Lower Court) 03/09/2006 18 li 3125 liliA8 Thomas, Richard T. Thomas, Richard T. Waived for Court (Lower Court) 03/09/2006 18 li 4304 liliA 3 / Endangering Welfare Of Children 4 Waived for Court (Lower Court) 03/09/2006 18 li 6301 liliA1 Thomas, Richard T. 5 Less 16 Yrs Age Thomas, Richard T. Waived for Court (Lower Court) 03/09/2006 18 li 3126 liliA8 AOPC 9082 ~ ~ev 03/20/2006 Printed: 03/20/2006 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only-be provided by the Pennsylvania State Police. Moreover an-employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa,C,S, Section 9183, --';':;;1~__~ . COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0001390-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Brian Neil Wood Page 4 of 5 Name: York County District Attorney's Office Prosecutor Supreme Court No: Address: York County Courthouse 45 North George SI. York PA 17401 Document Number Comments Reaistrv Entrv Issue Date CP Filed Date Filed Bv Title Service T vpe Service To 1 03/09/2006 Court of Common Pleas Original Papers Received from Lower Court - York County ----------------~---------------------------_:._~---------------------------------------------------------------------------------------------~---------------------------------- 2 03/09/2006 Court of Common Pleas Arraignment Scheduled - York County 3 03/09/2006 O'Shell, Don R. Impounded 1 03/13/2006 Court of Common Pleas Assigned to Judge: Kennedy, John S, - York County Last Payment Date: Total of Last Payment: $0,00 AOPC 9082 - Rev 03/2()/2006 _ Printed: 03/20/2006 "Recent entries made in the court filing offices may not be immediately reflected on these docket sheetsLNeither the Court of Common_Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the qriminal History Record Information Act may be subject to civil liability as set forth in 18 Pa,C,S, Section 9183, ' , ~-".~ ~1- -";^" '"" ,~ " m COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0001390-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v, Brian Neil Wood Page 5 of 5 wooer, Brian Neil Assessment Defendant Costs/Fees Server Fees Server Fees Constable Education Training Act (Act 44 of 1991) Pavments Adiustments Non Monetarv Pavments Total Grand Totals: $58,14 $0,00 ($58,14) $0,00 $0,00 $58,14 $0,00 ($58,14) $0,00 $0,00 $5,00 $0,00 ($5,00) $0,00 $0,00 $121.28 $0,00 ($121,28) $0,00 $0,00 $121,28 $0,00 ($121.28) $0,00 $0,00 Costs/Fees Totals: .. - Indicates assessment is subrogated AOPC 908~ - Rev 03/20/2006 Printed: 03/20/2006 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office-of Pennsylvania Courts assume any liability for j'naccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet il"1formation should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa,C,S, Section 9183, ''''''**''''''\ - ~~~ _.~"'- Commonwealth of Pennsylvania Court of Common Pleas County of York 19th Judicial District RECEIPT Receipt Date: 03/20/2006 Receipt Number: 67 -2006-R11660 Payor: Brian Neil Wood 60 Clover Leaf Rd York, PA 17402 Payment Date Payment Method Check / Money Order Number Bank Transit Number Void Payment Amount 03/20/2006 Cash No $2,50 Responsible Participant: Elrian Neil Wood DocketNumber: CP-67-CR-0001390-2006 Short Caption: Comm, v, Wood, Brian Neil Total Amount Owed by Responsible Participant on this case: $0,00 Total Amount Owed by Responsible Participant on all non-archived cases in this Court: $0,00 Payment Summary: Total Payment Received: Change Amount: Escrow Amount: Payments Less Change: $ $ $ $ 2,50 0,00 0,00 2.50 Comments: RETAIN THIS RECEIPT FOR YOUR RECORDS , AOPC 2128 - 2006 REV, 03/20/2006 03/20/2006 9:07:40AM 10 > ,~ " .- ~ " RECEIVED MAR 22 Z006 v. INTHECOURTOFCOMM . ' CmmERLANDCOuNrY,PENNSYlN ANIA NO. 00-5344 CIVIL ACTION - LAW TINA M. WRIGlIT, Plaintiff . BRIAN N. WOOD, Defendant . IN CUSTODY .' CUSTODY MEMORANDUM Plaintiff, Tina M, Wright, by and through her attQrney, Karl E, Rominger, Esqui{'e,hereby submits this Custody Memorandum pursuant toRule39-1915(b)(8)oftheLQca1 Rules of Civil Procedure, L FACTUAL BACKGROUND: The parties in this matter are Tina M, Wright (hereinafter referenced as ~'Mother"), who resides at 45 ScraJIord Street; Shippensburg, Pennsylvania 17257, and BrianN, Wood (hereinafter referenced as "Father"), who resides at 1180 East Camping Area, Wellsville, Pennsylvania 17635, but is currently believed to be incarcerated in the Cumberland County , ' Prison, Mother and Father are the natural parents ,of the child at issue: KimberlyM. Wood, born November 23, 1991. An Order of Court was entered upon on October 3,2000, awarding the parties' joint legal custody, the Mother primary physical custody and the FathtJr parlialphysical tustodyon alternating weekends, In February 2005, Father took the Child and filed a Petition to ModifyCustody, Mother then filed a .Petition for Contempt and also sought special relief A heating was , . scheduled fQr March 28, 2005, in which an Order of Court was entered upon that the. child " , " . . , ' should be returned to Mother who rnIS primary custody, A'hearing was th\,:1I: scheduled in , front of the conciliator on April 8; 2005, in which the Conciliator reCommended a hearing, ' . "if\'... ',~~I ". -'. An Order of Court was signed on April 13, 2005, scheduling a hearing onJune 20,2005, on . . Fathers Petition for Modificatiol) and Mothers Petitionfor Contempt and Special Relief. On June 17, 2005, counsel for Mother senttrusHo.norable Court aletter stating that . . . , . . the parties involved had reached an, understanding. and:Stipulation 'Which would allow 'the matter to be removed from the courts consideration, On Jl.!ne21, 2005, an: Order was lolntered into the rec()rdthatupon agreement of counsel, thlol custody heliringscheduled for June 20, . , ' 2005, iscontinued generally. A Stipulation and Agreementas to Custodywasdrafted on or about August 15,2005, Father refused to sign the agreement and Mother filed a second Petition for Contempt on October 7, 2005, A hearing was seheduledinfront ()ftheConciliatoronNovember 17, 2005, wherein " Father did not appear, and Fathers counsel had advised the Concillatorin advance that he was ' withdrawn from the matter, The Conciliatot rec011llliended that a hearing .should be . . scheduled to resolve this matter, Ahearlng is scheduled forMarch 27, 2006, by,an Order of Court dated December 1, 2005. IL NAMES AND AGES OF CHILDREN: KimberlyM, Wood, born November 23, 1991, presently fourteen (14)yearsold, m. PROPOSED ORDER FOR RESOLUTION: Sole physical and legal custody, '>'-0 , " ,-., ", - ,., "-, IV. NAMES AND ADDm:SSES OF FACTUAL WITNESSES: Larry Wright, Uncle, 10 Ritner Gardens, Shippensburg,Perinsylvania 17257, will testify to' his direct. observation. of the situation, Genevieve Rohrbaugh, Aunt, 960 Marian Road,Ghamb~sbufg,Pennsylvania 17201, , ' will testifY to her directobservationofthtlsituation, Mother reserves therighttosupplement this list of witnesses, as necessary, V; NAMES AND ADDQSSES OF ESXPER1.' WITNESSES: At this time,' Mother does not propose to call any expert witnessei,.but does reserve the rightto supplement this list of witnesses as necessary, Mother will have letters from the following , .. two counselors stating their observation of the situation, Paul Scalia with MailatoTherapeutic Counseling Mary Harsst with Valley Counseling, VI. LEGAL AND FACTUAL ISSUES FOR RE~QLumON: Best interest .of the child involved, ,,-: o _,~ _ " . . VII. ESTIMATED LENGTH OF TRIAL: One day, vm. NEEDFORAHOMESTIlDY: Mother does not request a home study at this time, bu.tdoesreservetheright to request. one if the need for one become apparent, IX. NEED FOR A PSYCHOLOGICAL EV ALUA,TlON: Mother does not request a psychologicaleval~ationat thistlme,but reserves theright . to request oneiftheneed for one become apparent, Respectfully,'Submitted, ROMlNGER~WHARE Dote. ~&d\(YD J KarlE, Rominger, Esquire 155 South Hano:ver Street , Carlisle,Penttsylvama 17013 (717) 241':6070 Supreme Cout:tlD,# 81<)24, . Attorney for Plaintiff -!'ll] ""'" . ' TINA M.WRIGHT, , Plaintiff : IN THE COmnOF COMMQNPLEAS OF CUMBERLANDCOlrNTYPENNSYLVANIA . -' . ". :'. ."- v. , " NO; 00-5344 CIVIL ACTION -LAW BRIANN.WOOD, Defendant IN CUSTODy,',' VERIFICATION Karl E, Rominger, Esquire, states that heis the attorney for Tina M, Wright; Petitioner inthis action; that he makes this affidavit as attorney beclIusehe has sufficilimtknovvledgCl or information and belief, based upon hisinvestigation of the matters averred or denied.in the foregoing doCument; and that this statemellt is made subject to the penalties of 18,Pa, C,S,. Pa,C,S,~4904,t:elatingtoUnsworn, falsification to authorities, Respectfullysubntitted, . ROMINGER &WHARE Date: o?;r~G,p ? ~ Karl E. Rominger, Esqu.ire 155 SouthHanovet Street Carlisle,PellnSylvania 17013 (717)241"60'70 Supreme Court1.D, #81924 Attorney for Plaintiff 1~1'L, ... ~~ ' TINAM; WRIGHT, Plaintiff IN 'flJ.E CC)JJRT OF COMMC)IS' PL:EASOF cuMBERLANDCOUNTY,PENNS\'LVANIA ' . - -- '. : v. NO; OOc5344 CIVIL ACTION -LAW IN CUSTODY' BRIAN N. WOOD, Defendant CERTIFICATE OFSERVICE I, Karl E, Rominger, Esquire,attorneyfor,Plaintiff do hereby-certifY that Ithis day served a copy of the within Custody Memorandum upori the following. by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,' addressed as follows: Hubert X. Gilroy, Esquire 4 North lIanover Street Carlisle, Pennsyivani'a 11013 Brian N, Wood/IIiniate Cumberland County Prison 11 0 1 CIllremont'Road Carlisle, Pennsylvania 17013 And 1180 East Camping Area Wellsville, Penrtsylvania17635 R<;sPectfully subrtrltte~ ROMINGER&WHARE Date: ,} KarlE, RQminger,Esquire" 155 South lIanover Str~ Carlisle, Pennsylvania. 17013 ' (717)241-6070 ' SuprelIle Court W,# lH924 Attorney forPlaintiff ~ 'q..," , , , " ~~ _.,-.,..,,' - Ii " PLAINTIFPS EXHIBIT ? ? _ ,n--or..., t?-' u~I'" --. .. -.---.,----' ----~-- -~ ---------_._-~-~--~----~---------- -- ------ ---- .., ,,/{~ ""',..~"",~lLhP4-.Mr:.,-#..~fd4/ ..~__~~~.._L:.... ~" ,~-~,~-~.5.~-sL..~4-~~~"-- '..,....", ""~_~~~._,~~~..~~~~..L"", .".."". ,. ~..~&~L~:,VZL__~~_~6-t. ;(~....u u tYZ..-..j{(l.AOi-...5.Q':'-".,~.~..~,_~..~.,_:J4,._~ ~..~_.....u__n.." , "~..~~-~-~,~.J1._~_~~_~..mn..u_ ..~..~..--j;&MJJ!...~~::iE,~~~ .d...~_2i;g_..nm """" ,.,~""~~,J,~..~__~~,..~A..~....~.JL111-...._...._.. tNAj. u~~"~.,",.~,.~,~_~~~_~~. ,",'" , ~ildA)~"~~u~-ntL7J~u~..'~~,~",u,....-"-""- ",..~.J,"~",.~,~d~~i~-'i1~~--.._-_...- ,.,~ ._~~.;tOP:/L..,d::i:fo-AM:L.,L/m,..,~..~..-dMtd-~......- ~MJ.~,1!MJLj~.j~_~_~._'~~_....n .,a.iLJ:I,Ul~_~_i.VL~~_ J. ^ff~J.ljJ.~~L~---, "'..,.',., Nii"arf.-~ ".,~-~~.~~n~~--f~_-~..k--..,-.._----! ,.,'~"JL.-~,.:zUfg~~X~~..~_:;;t.b1L~~..~L .__! 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Q 1J " .d ;"-':~i:0~f!; <~"'''__,u }f; :;"i':r:(;J:':' '-,,' .\-"'t-2'1~.!.i.:1:~~:Ei;:i-2 {t;;;;t::i:;lJ:;;'!<~:;{i'$fijigT'~\;~$'~:::'fA'[jLi'~~E,:~.s1::tt:t;~;"0'.'&It);t,t~~n~~:;&f"-" 'r~ ~" ,'". ,- ij 1 ,J -~ "'" 'I. I 14 "~"' \ tJ'_:;J \ ~ i \~'_'j \ Y, \. ..'.:' \ t.\ ~. '~. . · , c::! \ 'a'> . \~ , \ ,~,t _ >'" '" '~"'_~" " --, . I',.":"" ..- ~,', J. - =", III i'i !\:II!:! ~~ ~() 'l15 ~!!l fd~ a:g 2!Ioo t~ 011. iil~ 1= !I)~ i!i C# '''",~*Jc:;t';!i;;~~4j''Rt1k'L~Pi'~CW;1{\~ly;,;:::;jj:tl't%~J,%i1i&'jjtm~i ,_ r TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 00-5344 CIVIL TERM BRIAN N. WOOD, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY & PLAINTIFF'S PETITION FOR CONTEMPT AND SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of March, 2006, upon consideration of the father's Petition To Modify Custody, and the mother's Petition for Contempt and Special Relief, and following a hearing which the Defendant Father did not attend, the record is declared closed, and the matter is taken under advisement. By the Court, J. ~l E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 For Plaintiff ~ ~ian N. Wood c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 :mae - I '2-'1 '" ~ -, ...:t i?= ~" ~ t.!.JO (.)2-= s:: ;~~'f~ EEf:? 0.. C) I-- '.~ '10 r-- <~, ;:J ..~o- wo: (\J 'd) -' n:: '-.-:1.:.::..::: II: lLl j:E .." ~~~j~ X: LL -..0 "'~ 0 = ::::> "''' C"-, 0 .:>- <Jt;; <? r::e:; f:j4fl-' . >~, "_>'_'_~ , .-J 11 T _--:--N~"""'r="""1.\1lfiIi'.,,,,~~~ ~w'fllJ -,"'" -~-",'" ~,~- ~ jL r':~" " .~ TINA M, WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW BRIAN N, WOOD, Defendant NO, 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of March, 2006, upon consideration of Defendant's request for custody, and of Plaintiffs request for contempt and special relief, with respect to the parties' child, Kimberly Wood (d,o,b, November 23, 1991), and following a hearing at which Plaintiff and her counsel appeared and presented evidence, and at which Defendant did not appear, either personally or through counsel, and it appearing that Defendant is presently incarcerated in the Cumberland County Prison on a parole violation and has pending charges in York County for statutory sexual assault, aggravated indecent assault, endangering the welfare of children, corruption of minors and indecent assault, it is ordered and directed as follows, pending: 1, Legal custody of the child shall be shared by the parties; 2, Primary physical custody of the child shall be in Plaintiff, the mother; 3, Defendant, the father, shall have visitation with the child at the Cumberland County Prison upon written request through Plaintiffs counsel, Karl E, Rominger, Esq" for up to an hour each week as permitted by the prison's rules, 4, Defendant is adjudicated in contempt of the court's order that he pay $600,00 in attorney's fees to Plaintiff, and he is sanctioned to apply 10% of his work release net income, upon receipt, to this obligation. 5, Upon motion of either party, the court will hold a hearing to review this order in the event of a change in Defendant's prison status, "-- . -. ,~~ < ,,'" ~ )r #. e,; J.],,",, _[Jtl_jJl~,RL_~__<.,"'f . ",' _',';'- ,~_~ ~~l ~-IIiI'ilfiI.l~_ilmi~i.1 '1-. /.., ~~,-_ _ _.,' ~f9 -it>> RlED..O;'FICE 0,.. T\-W ~M""l" rr", [r~i'RV _ 1_ 1.11-<" I e., \,,,i 1\ ~ j 1'- 1''''-'['''' ",-" .. 20% ~l1\R 27 PM 2: 39 CU~\h:~;~..:";:-t.i"':' ~~..; (i'JU0JT11 PfNNSYLV;:\\\j:!\ '-- l1't c" .,' ""0;' I I I I I I I I I I I " I ~ " I ~ ~ II I' ,) ,i [] Ii " i: i1 Ii II " IJ i:j ri ,I i, " ii i.' l\ f) 1,: f~ ii !ei 1(, i:'i i~i r:,1 I" i.il Ii !", ," ;::i W ::! Ii I'! "I rl " '" r':'j ".< r;: ,,, I: !';! I.', " " i, I" iF i? f,,,\. ,..... . ~l E. Rominger, Esq, 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff vfuianN. Wood Cumberland County Prison Defendant, pro Se ~old S, Irwin, III, Esq, 64 South Pitt Street Carlisle, P A 17013 :rc BY THE COURT, ~ TINA M. WRIGHT, PlalntlfflRe.pondent I IN THI! COURT OF COMMON PLI!AS OF I CUMBI!RLAND COUNTY, PI!NNSYLVANIA v. I CIVIL ACTION. LAW BRIAN N. WOOD, Defendant/Petitioner I NO. 2000 . 5344 CIVIL TI!RM I IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the petitioner, BRIAN N. WOOD, by his attomey, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The petitioner is BRIAN N. WOOD, an adult individual whose residing at 5145 Susquehanna Trail, York, York County, Pennsylvania 17402. 2. The respondent is TINA M. WRIGHT, an adult individual residing at 45 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the parents of three minor children, namely KIMBERLY WOOD, born November 23, 1991, age 13, KA YLA WOOD, born March 2, 1993, and KASEY WOOD, born July 17, 1994. 4. The parties are subject to a prior custody order entered by Judge J. Wesley Oler on October 3, 2000, awarding the parties' joint legal custody, the mother primary physical custody and the father partial physical custody on alternating weekends and such other times as the parties mutually agree. A copy of said order is incorporated herein by reference and attached hereto as Exhibit "Au. 5. Petitioner has been concerned about inappropriate physical discipline and other improper physical contact of the children by the respondent. Petitioner recently became aware of physical abuse by the mother of the parties' minor daughter, Kimberly Wood, which abuse resulted in the child receiving a bloody nose. Such abuse was reported to Cumberland County Children & Youth Services and Father picked up the child at school in Shippensburg and took her to his own home in the York area. 6. Petitioner believes and therefore avers that the best interests and permanent welfare of ~imberly Wood require that the parties continue to have joint legal custody of the child, but that primary physical custody be with petitioner and that respondent have specified periods of temporary custody and visitation with the child in accordance with a schedule which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, petitioner requests that the court enter an order providing for the modification of physical custody of Kimberly Wood as aforesaid. March ~, 2005 HAROLD S. IRWIN, III Attorney for petitioner 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. March 2, 2005 -Ku~/?LAL flJtutf BRIAN N. WOOD 3-<(-05" EXHIBIT wWAwW U~/UL/~UU~ UL:~L~M rAXl.UM ....1'\\.lJ:. G VI' .LV TINA ~l. WRIGHT, Plaintiff : IN THE CXXlRT OF CXl!t!CtiI PLEAS OF : CUMBI!IlLAIID CCVNTY , PENNSYLVANIA : vs. : NO. 00-5344 CIVIL TERM . . BRIAN N. \\O:X), Defendant : CIVIL ACrICl'l - LAW : IN CUS'IDllY ClUlER OF CXXlRT .<= ='i='~ ~ "', ~.'" ordered and directed as follcwa: dayot""",tl- ,~. ....US1:ooy ~ '.RePort, it is 1. 11'1e Mother, Tina. M. wright, and the Father, Brian N. Wood, ahall have shared legal custody of Kimberly Wood, born November 23, 1991, Kayla wood, born March 2, 1993 and Kasey WOOd, born July 17, 1994. Fach parent shall have an equal right, to be exercised jointly with the other parent, to make all major nOn-eJl'ergency decisions affecting the Childl:'en's general well-being inclL1ding, but not limited to, all decisions regarding theil:' health, education, and religion. 2. 11'1e Mother shall have primary physical custody of the <hildl:'en. 3. 11'1e Father shall have partial physical custody of the Children on alternating weekends fran Friday at 6:00 p.m. through SUnday at 4:00 p.m., beginning September 22, 2000, and at any adiitional times arranged by agreement of the parties. 4. 11'1e parties shall comrnmicate with each other to establish custody arrangements for holidays and birthdays at least 5 days in advance of the holiday or birthday. 5. unless otherwise agreoo betW9l=l1 the par.:us, the Father shall provide transportation for exchanges of custody at the Mother's residence in Shippensbllr91 Pennsylvania. 6. In the event the Father is unable to exercise a period of custody under this Order, he shall provide notice to the Mother at least one day in advance. 7. Fach party shall ensure that the other party has his or her current address and telephone number al an Oi'190ing basis. 8. 111e non-custodial parent shall. be entitled to have reasonable telephone contact with the Childl:'en. 9. The parties my rrodify the provisions of this Order by rutual . . 03/01/2005 01:41PM FAXCOM PAGE 3 or 10 ,. consent. In the absence of llUtual consent, the terms of this Order shall control. CC: Kim Sebring, and '1'hc1ras M. P.1 =-1C~: E....aq'wu.re - ~u.ii.$el fel: Nother urian N. Wood, Father \ TRUE COpy FROM RECORD In Testimony whereof, I hfll'c unto set my hand ;:~ t .....~~..~~ sa CO~~cr1!.~~~.:a. ., /' O~/Ol/ZOOo Ol:ql~M rA)((;UM t"'1\\.1J:. C ur.LV ,.~' \, TINA M. WRIGHT, Plaintiff : IN mE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . : CIVIL ACTION - LAW BRIANN. WOOD Defendant . ; NO. 00 ..$"J41 CIVIL TERM ,-, COMPLAINT FOR CUSTODY The plaintiff, Tina M. Wright, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Thl'! plaintiff is Tina M. Wri~ht ,..jdir.g at 218 ",,,~t Orange Strc~t. ShippenSburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is Brian N. Wood, residing at 27 Cloverleaf Road, York, Pennsylvania, 17402-9458. 3. Plaintiff seeks custody of the following children: Name Present Residence Date ofBlrth November 23. 1991 Kimberly Wood 218 East Orange Street Shippensburg, Pa. 17257 218 East Orange Street Shipp=burg, Pa. 17257 218 East Orange Street Shippensburg, Pa 17257 The children were born out ofwed1ock. March 2, 1993 Kayla Wood Kasey Wood July 17, 1994 The children are presently in the custody of the plaintiff/mother. During the past five years, the children haye resided with thefollowing persons and at the following addresses: Persons Addresses ~ 1995 - July 1998 August 1998- Present Tina M. Wright Tina M. Wright Cwnberland County 218 East Orange Street Shippensburg, Pa 17257 U~/UL/~UU~ UL:~L~M rAJ\LUl"1 .t"'I'\UC I V.I...I.V . . . \. 4. The relatiODShip of the plaintiff to the children is that of mother. She is single. She currently resides with the following persons: Name Relatlonshin Kimberly Wood daughter Kayla Wood daughter Kasey Wood son ,. 5. The relationship of defendant to the child is that of father. He is married. He currently resides with the following persons: Name RelatioDshio Nonc 6. Plaintiff bas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and pennanent welfare of the children will be served by granting the relief requested because plaintiff has been the primary caretaker of the children since their birth. 8. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant to her custody of the children. Date: 7-I(-cc .Y FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 03/01/2005 01:41PM , ~.", ." ~ FAX COM VERIFICATION VAlit. tl ur LV .- I verify that the statements made in this Complaint are true lIIld col1'eCt I understand that false statements herein are made subject to the peoaIties of 18 Pa.C.s. '49Q4. relating to unsworn falsification to authorities. Date: to lq-o() '-tl~C Ql6(\ ~ T1lla M. Wright J ~ ~ -=:J. ~ t- ~ ~ ~ ~ )- \ ....... (j c__ '-., .....> C~~ ~:j? ~ :P' ~.o I .r-- <;f, -~;j '1i r11.i~::\ -('~l "J .f" .\.'~,~1} 1-2(;{ ......,.. (::',{ -):',5 :~ ~:i ::~ - {"p. ()" TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of March, 2005, upon consideration of Plaintiff's Emergency Petition for Special Relief, a hearing is scheduled for Monday, March 28, 2005, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, // LShUl~ &q. II Roadway Drive, Suite B Carlisle, P A 17013 A7ney for Plaintiff ~~i,~ N. Wood 5145 N. Susquehanna Trail York, PA 17402 Defendant, pro se " 03 -{ {-O.5 :rc ';,)\ ~:>:\\ \:;~;~1. .,-'1 ':.\ t.~ u ~o TINA M. WRIGHT, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY BRIAN N. WOOD, Defendant NO. 00-5344 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 24th day of March, 2005, comes Plaintiff/Petitioner, Tina M. Wright, and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support thereof avers as follows: I. The Petitioner is Tina M . Wright, the natural mother of Kimberly Wood (hereinafter "Kimberly"), born November 23, 1991, and Plaintiff/Petitioner in the above-captioned matter. Plaintiff/Petitioner is an adult individual residing at45 Scrafford Street, Shippensburg, Pennsylvania. 2. The Respondent is Brian N. Wood, the natural father of Kimberly, and Defendant/Respondent in the above-captioned matter. DefendantlRespondent is an adult individual whose last known mailing address is 5145 N. Susquehanna Trail, York, Pennsylvania. 3. The October 3,2000 Order of Court grants shared legal custody to both parties and primary physical custody to Petitioner ofthe parties' children, Kimberly Wood, born November 23, 1991; Kayla Wood, born March 2, 1993; and Kasey Wood, born July 17,1994. The October 3,2000 Order or Court in the above-captioned matter is incorporated herein and attached hereto as Exhibit "'A". 4. Paragraphs 1-3 of said Order provide: "1. The Mother, Tina M. Wright, and the Father, Brian N. Wood, shall have shared legal custody of Kimber]y Wood, born November 23, 1991, Kayla Wood, born March 2,1993 and Kasey Wood, born July ]7, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional times arranged by agreement of the parties." 4. On or about February 24,2005, Respondent took custody of the child, Kimberly, in violation of the October 3, 2000 Order of Court and has retained custody of the child ever since. 5. Kimberly has accumulated unlawful absences from her school, Shippensburg Middle School, since she has been in the custody of Respondent; Kimberly possible failure of the school year dU(~ to the accumulation of unlawful absences. 6. Respondent filed a Petition for Protection from Abuse on behalf of Kimberly in the Court of Common Pleas, Cumberland County, Docket Number 05-1183 Civil Term. 7. Kimberly has been attending school in Respondent's school district since the Temporary Protection from Abuse Order was issued by the Honorable Edgar B. Bayley. 8. Respondent's Petition for Protection from Abuse was denied and dismissed, and the TemporalY Protection from Abuse Order was vacated, by the Honorable Edgar B. Bayley after a hearing on the merits on March 18,2005. 9. Petitionernow has a truancy hearing scheduled on April 22, 2005, due to Respondent taking Kimberly from Petitioner's custody in violation of the Order of Court. 10. Petitioner is being denied all access to Kimberly without cause. II. Petitioner reasonably believes that the Kimberly's affections are being alienated. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and be ordered to pay Petitioner's attorneys fees and court costs. Respectfully submitted, F\IJsoer FO\derlFiml Docs\Gend<lcs:2005\J796_lcolltemptpel. \ wpd ean M. Shultz;- re Attorney LD. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner VERIFICA TlON I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsification to authorities. Date: vl...<-t.. z... ~ Z-ooS -tlvlJ,(\~l~~ Tina M. Wright Exhibit "A" ...... ". TINA M. WRIGHT, Plaintiff . . IN THE <XlURT OF ~ PLEAS OF CUMBERLAND CCXJNTY, PENNSYLVANIA . . : vs. : NO. 00-5344 CIVIL TERM : BRIAN N. 1\1:JOl), Defendant : CIVIL ACTION - LAW IN CUSTODY . . aIDER OF COORT AND~, thiS~_daYOf~' "..___ ,~~ "r'V""'- ........._c:!~,'1___'l.o. _~. _.r. <-'- . .. . -- . ,..' . . ..t"'....~ __,...__....'.:::...O'....I....;H ""'.1., 1..11-C: -atl.acc!I::U \...US1:ooy Concl11atl Report, It 15 ordered and directed as follows: 1. The Mother, Tina M. Wright, and the Father, Brian N. Wood, shall have shared legal custody of Kimberly Wood, born November 23, 1991, Kayla Wood, born March 2, 1993 and Kasey Wood, born July 17, 1994. Each parent shall have an equal right, to be exercise::! jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. The Mother shall have primary ~ysical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m., beginning September 22, 2000, and at any additional times arranged by agreement of the parties. 4. The parties shall COlmlunicate with each other to establish custody arrangements for holidays and birthdays at lp.ast 5 days in advance of the holiday or birthday. 5. Unless otherwise agrew betwe..n the par':les, the Father shall provide transportation for exchanges of custody at the Mother's residence in Shippensburg, Pennsylvania. 6. In the event the Father is unable to exercise a period of custody under this Order, he shall provide notice to the Mother at least one day in advance. 7. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 9. The parties may modify the provisions of this Order. by mutual ... 01', consent. In the absence of mutual consent, the terms of this Order shall control. cc: Kim Sebring, and Thomas M. p]"c,,^, Esqui.::-e . :::0u;1.Se1 fo..: Nother i3rian N. Wood, Father TRUE COpy FROM RECORD In Testimony whereof, I heFe unto set my hanci tnd I $~ of sa' Court ~arIJsle, Pa. lhl ...,.......... ca LUld......,tA... . " .~ netBl'I. ~(') -- '-- "" , ~ .J )..J '- r '1: Ji ~ ,~l \ o C"- -<: 1-' {"-:-.li c;;;t ,,,.;"1 o -0 :;:l h1"iP -r,m 'plJ t-'; }_ _1'./ '-" , ,J; .":, ?-n :;:: " ^~ ::~'J f'-' J;:- 1:.'" :.... OJ ',,~ c... ~ ;:" c';:j '."'';'' TINA M. WRIGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA V. 00-5344 CIVIL ACTION LAW BRIAN N. WOOD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Tuesday, MarchQ!l.-lO(}~_...___, upon consideration of the attached Complaint. it is hereby directed that partics and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at__._.'ith.E.I()(),,--Cumberland Coun.1L<::ol!l't~o.llse,C:'lr.l~s!,-- on ___ Friday, April 08, 2005__..... at 9;30 AM for a Pre-Hearing Custody Conference. At such confcrcnce, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline 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 cuurt hereby directs the parties to. furnish any and all existing Protectiun frum Abuse urders, Special Relief orders, and Custody orders to the conciliator 48 huurs prior to. scheduled hearing. FOR THE COURT. By:.~. .Hubert X. Gilroy, E~. Custody Conciliator y 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. A II arrangements must be made at least 72 hours prior to any hearing or business beti,we the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /7L.,../ ;? #?;T>~7W W.,;, . Yl'fI v 'f/ _ ;} 5'0 (/ ( F P ~H --: pwr H.;; 50 0/[ ~n:tf' p:z /f'77t?W' 4~"~1 ;:~?) 5(/ ill E - ," ("' .,.~ . ..', -;'>>' .\,' - ------------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. WRIGHT, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY BRIAN N. WOOD, Defendant NO. 00-5344 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf ofthe Plaintiff, Tina M. Wright, in the abo e-captioned matter. Respectfully submitted, KNIGHT & ASSOCIATES, P.C Dated: March~, 2005 ean M. Shultz, Esquire Attorney LD. No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff >" cr a 1.~. C uJ;;r ()~~l 0:: "j.: ,,.l-.____ C),:) 1..0- eo: ~\.\J \.l-~ t-~" o t.O - <:-:J >;--- fl.\_ "'" cP c-J cr; ol::::'i.. .,,::; ~ F? --::r 'c-;; '.5~ :)'.:;'" ~J .,.~ '-7 )":.J -;., ,;' TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY BRIAN N. WOOD, Defendant NO. 00-5344 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND i Sean M. Shultz, being sworn according to law, deposes and says that ~e is a competent adult over 18 years of age; that he served a copy of the Petition for Civil ContemI1t for Disobedience of Custody Order in this action upon Defendant, Brian N. Wood, by personally Handing him a true and correct copy thereof and informing him of its contents at the Cumberland qounty Courthouse on March 28,2005, at 2:50P.M. Sworn to and subscribed before me this 30th day of March, 2005. ..j,. l -\:"~,,~,:/ c<~: ' ~ J~r"I\,~ll :":""'~''''; -'i,-..i"'''' ,'" "/":'. ":':'.'~"';' ,", .,~...l/ SOLlITI hdrnll9'eC-., "!'.)., r'Jh! C'':~'i:'';',:::' i~' :~ ,,-)~!l.:: :" .-....--..,..-.-............. ..' .. !I:;.-':" F\User FolderlFi'm Docs\Gendocs2005\J7<J6_1cert.servicehal1d,delivel')',wpd - .-------- ~:.; '-:":l (;.1"\ () .c:.'n -; ,~) ~, , :: (; ~ r-J - TINA M. WRIGHT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. 00-5344 CIVIL ACTION LA W BRIAN N. WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 01, 2005 , upon consideration of th attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilr y, Esq. at 4tb Floor, Cumberland County Courthouse, Carlisle on. Friday, April 08, 20 5 . the conciliator, at JI.:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resoh e 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 appe r at the conference mal' provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing I'rotection f om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedule hearing. FOR THE COURT. By: /s/ Hubert X Gilroy, ESff-. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to c( mply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonab e accommodations available to disabled individuals having business before the court, please contact our ffice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You ust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFrCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~~.-#- ~-'~-cr~ .'~ .~ /.~"if r~t0 rp jp 'Z.~m1/ ~J}:?p f'.' i" ;,; .-./ "-I ',- 'I 1 . '.~ ,: On " "..,'"'"1 ~'dl.:.. , L . . ->r/ /'f ./,1' S'.:7 A /1' Sr/,/? ff TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BRIAN N. WOOD, Defendant 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of March, 2005, upon consideration of the Emergency Petition for Special Relief, and following a hearing, the Court finds that the Plaintiff is entitled to the relief requested at the hearing in the form of a return of the parties' child, Kimberly, to her primary custody and strict adherence to the terms of the existing order by the parties until the order is changed. Attorneys fees are awarded to the Plaintiff in the amount of $600 from the Defendant and shall be paid within 60 days. By the Court, Sean M. Shultz, Esquire 11 Roadway Drive, Ste B Carlisle, PA 17013 For the Plaintiff J. Brian N. Wood, Defendant 5145 Susquehanna Trail York PA 17402 I ,~~j ~lL ( L/-7- L~ I .~ / J pcb AJ,~<n:: S, : I lid L - l.!dV SGul .. ,,"'," "'H' ~'l-li. :10 i,~;'<l: :"." )"..:;! ".'r1 ..J - .i..J~.:-vr.\, ,...'-'........ ....I' :{'\I-I-n .r>"lU _",..I>,..J~ 'I....,:-u.'J L."J t '" RECEIVED APR 12 2005 ( TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 IN CUSTODY COURT ORDER AND NOW, this ~ day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. I of the Cumberland County Courthouse on the;;{7ti day of ~, 2005 at q: 3c .iL_m. At this hearing the father shall be the moving party and shall proceed initially with testimony. At issue with this hearing shall be father's request to modify the Custody Order such that the minor child Kimberly Wood would be under the primary custody of the father. Additionally, at the hearing the Court will take testimony on mother's Petition to hold father in Contempt of Court for violation of the existing Court Order. Counsel for the parties or the parties themselves, if they do not have legal counsel, shall file with the Court and opposing counsel a memorandum setting for the history of custody in this case, the issues currently before this Court, a list of witnesses who will be testifying on behalf of each party 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 ofthis Court, this Court's prior Order of October 3, 2000 shall remain in effect. cc:~n M. Shultz, Esquire vJf'rian N. Wood &JIarold S, Irwin, III, Esquire .. ! ~<p;tzA4 ("'^' ) " . ,:;; I "/ (f ~~~J Ol~ _0~\'-\o uo, BY THE COURT, I J ,,., '" 0:11 "J '.;.."- .', r 1 (~d\1 SOLiZ ..V\ _\) ." .. TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN N. WOOD, Defendant NO. 00-5344 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I9I5.3-8(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: Kimberly Wood, born November 23, 1991, Kayla Wood, born March 2, 1993 and Kasey Wood, born July 17,1994. 2. A Conciliation Conference was held on April 8, 2005, with the following individuals in attendance: The mother, Tina M. Wright, with her counsel, Sean M. Shultz, Esquire, and the father, Brian M. Wood, who appeared without counsel. 3. There was an Order from 2000 giving mother primary custody of the three children. In February of this year, the minor child Kimberly expressed to her father that she wanted to come to live with him. Father accommodated Kimberly's request and took Kimberly into his home. Since that the time he fIled a Petition to modify the existing Order to confirm custody of Kimberly and him. Mother fIled a Petition for Contempt and also sought special relief. After a short hearing before Judge Oler, Judge Oler Ordered that Kimberly should be returned to the mother's home. 4. The father still believes that it is appropriate for Kimberly to come to live with him based upon her expressed desire and other reasons. Mother believes it is not appropriate for Kimberly to be in the primary custody of the father. A hearing is required. 5. The Conciliator recommends an Order in the form as attached. <.t-Il- (j~ DATE TINA M. WRIGHT, Plaintiff, = IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION. LAW BRIAN N. WOOD, Defendant,. _ = NO. 2000 . 5344 CIVIL TERM : IN CUSTODY PETITION FOR RULE TO SHOW CAUSE NOW comes Harold S. Irwin, III, Esquire, attorney for defendant, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is HAROLD S. IRWIN, III, attorney for plaintiff, with offices at 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are BRIAN N. WOOD, an adult individual residing at 2140 Old trail Road, Etters, York County, Pennsylvania 1717319, and TINA M. WRIGHT, an adult individual residing at 45 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Petitioner has represented the plaintiff in this matter since March 2, 2005. 4. The parties are presenting engaged in a custody proceeding. A conciliaton was held on April 8, 2005, and at the request of the plaintiff, petitioner did not appear to represent him at the conciliation. The parties were not able to resolve their custody issues and a hearing has been scheduled for June 20, 2005 before Judge Oler. 5. The plaintiff has been unable to pay petitioner in full for services rendered to him to date. In addition, plaintiff has indicated to petitioner that he can no longer afford private legal representation and has requested that petitioner withdraw from the case. 6. Petitioner believes and therefor avers that plaintiff has adequate time to find substitute counsel, if necessary, should this Court grant petitioner's request herein. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why petitioner should not be permitted to withdraw from this case as counsel for plaintiff. HAROLD S. IRWIN, III Petitioner April 19, 2005 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court 10 No. 29920 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. ;) April 19, 2005 HAROLD S. IRWIN, III Petitioner ~., ':;.:1 () C7> ~~ -n ~~ :-:1 :;I~) fi "-0 :;!-.',. .".- ~~.l , , q .. -( .J C~ .<. TINA WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION 5344-2000 v. Respectfully submitted, BRIAN WOOD, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE Tel> THE PROTHONTOARY: Please enter my appearance on behalf of the Plaintiff, Tina Wright in the above captioned case. D~te: s- 2 - of Respectfully submitted, ROMINGER, BAYLEY & WHARE )-- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 24] -6070 Supreme Court 10 # 81924 Attorney for Plaintiff PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Piaimift~ Tina Wright in the above captioned case. Date: 'f /2-710) !'-" C? "'" '"'~ ~ :::.~ C) -n I LV -, f'G ?~~ ~,~I[T: ~:Jc;,' -~() "-r. <\~ ~~-r'~\ P: 23 {..:> cP - ----~.--~.- TINA WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION 5344-2000 v. BRIAN WOOD, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTOARY: Please enter my appearance on behalf of the Plaintiff, Tina Wright in the above captioned case. Date: s- 2 - OJ Respectfully submitted, ROMINGER, BAYLEY & WHARE )~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 10 # 81924 Attorney for Plaintiff PRAECIPE TO WITHDRAW APPEARANCE Piease withdraw my appearance on behalf of the Piaimifr~ Tina Wright in the above captioned case. Respectfully submitted, Date: 'f /2-7./0) ~ 0 c.~ -n C.l'l ::J: ::;:! ::..;;~ -00" I W c::. (,) OJ ~ TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W BRIAN N. WOOD, Defendant NO. 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of June, 2005, upon agreement of counsel, the custody hearing previously scheduled for June 20, 2005, is continued generally. Counsel are directed to notifY the Court if a hearing is requested or if a settlement is reached. ......K'arl E. Rominger, Esq. . 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, lolL . J. ~ <Harold S. Irwin, III, Esq. 64 S. Pitt Street Carlisle, P A 17013 Attorney for Defendant :rc '''~ ' f ' ,--. 1'\ 'i:,-'i( kJ S I :8 Hd 2Z Nil: SOUl }"'" .y" "" , -Hi :l0 \b\llU:"~Ur:J.lA:la .:j ""'~ '(' CJ'-I~ :J,-);~.:"I ]\.:J \.. ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger Mark F. Bayley Michael J. Whare James 1. Nelson Michaela. Palermo, Jr June 17, 2005 Via USPS and Facsimile (717) 240-6462 Honorable Judge 1. Wesley Oler One Courthouse Square Carlisle, Pennsylvania 17013 RE: Wright v. Wood No.: 00-5344 Dear Judge Oler: There is a Custody Hearing scheduled for June 20, 2005, at 9:30 a.m. in your court room in the above referenced matter. The parties m~ve reached an understanding and Stipulation which would allow the matter to be removed from the courts consideration. I have queried Attorney Irwin on behalf ofErian N. Wood and he and his client are in agreement with removing this matter from the list and continuing the matter generally to the call of either party to allow time for the final Stipulation to be signed. It would then be anticipated that once the Stipulation was signed that the court would remove this matter from consideration entirely. Therefore please consider this letter a request to remove the June 20, 2005, hearing in the above referenced matter to the call of either party. Further, the proposed Order and the Stipulation would include language removing this matter from the courts calendar entirely. If the court could confirm that this could Ibe done on this day it would be greatly appreciated as the Hearing begins immediately ath,r the weekend. If you have any questions, please do not hesitate to contact me. Sincerely, ~ r Karl E. Rominger, Esquire KERftlp cc: Tina M. Wright Harold S. Irwin, m, Esquire 155 South Hanover Street, Carlisle, Pennsylvania 17013. Tel: (717)241-6070. Fax: (717) 241-6878 www.romingerIaw.com ADVOCACY . ADVICE . ANSWERS TINA M. WRIGHT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. BRIAN N. WOOD, Defendant CIVIL ACTION - LAW No. 00 - 5344 CIVIL IN CUSTODY PETITION FOR CONTEMP'J[ AND NOW, comes Defendant, Tina M. Wright, by and through her attorney, Karl E. Rominger, Esquire files the following Petition for Contempt and avers the following: 1. The Petitioner is Tina M. Wright, who resides at45 Scrafford Street, Shippensburg, PA 17257. 2. Respondent is Brian N. Wood, who resides at 5145 Susquehanna Trail, York, Pa 17402. COUNT 1 3. On March 28,2005, A Order signed by The Honorable Judge Oler, stating that "Attorney's fees are awarded to the Plaintiff! the amount of $600 from the Defendant and shall be paid within 60 days." 4. Respondent has failed to obey the Court Order, and has not paid Plaintiff. WHEREFORE, Petitioner respectfully requests this Honorable Court to adjudge the Respondent in contempt of Court, and require him to comply with the March 28, 2005 Court Order, Pay $600.00 and reasonable attorney's fees. Count II Relist Custody Matter/Trial 5. The previous paragraphs are incorporated within. 6. On June 20, 2005 a Custody Hearing was scheduled at 9:30 a.m. in the Cumberland County Courthouse. 7. On June 17,2005, undersigned sent a letter stating that the parties had reached an understanding and stipulation, and to remove the June 20, 2005 Custody Hearing from the Calendar. 8. The parties could not agree on the funeral terms of the Stipulation, and the Stipulation was never signed. 9. Petitioner would like to relist this custody matters, and attend a Custody hearing to address these issues. WHEREFORE, Petitioner respectfully requests this Court to reschedule a Custody Hearing on their next available date. Respectfully Submitted, ROMINGER. BAYLEY & WHARE DatedD tA- 6; l.JJ~ K20m:::: Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-61070 Supreme Court ID # 81924 Attorney for Petitioner TINA M. WRIGHT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. BRIAN N. WOOD, Defendant CIVIL ACTION - LAW No. 00 - 5344 CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. S 4904 relating to unsworn falsification to authorities. \ -""",,- Date: \ J~C ( / -:J JJ, ~ ~ \~l-J- Tina M. Wright, Plaintiff/Petitioner TINA M. WRIGHT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. BRIAN N. WOOD, Defendant CIVIL ACTION - LAW No. 00 - 5344 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Tina M. Wright, do hereby certify that I this day served a copy of the Petition to Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin III, Esquire IRWIN LAW OFFICE 64 S. Pitt Street Carlisle, Pa 17013 ---- DatedDr)- V LP 0 \ I ~J- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court 10 # 81924 Attorney for Plaintiff r~ .e; ....... 0 " ..." ....., ~ "'<::> ~ Jf 00 ~ Co ~ ('") c :eej """ ....' c:;::) cO <J' o CO -; o ., -< -:)>-,' -n f1- C ~f1!c) ~:~~;,~.; . C -;'i ~,.~2 C') ~~.- rn 0, "'po ~ \ -' -c> :::':; <,y .;:- ..... .. TINA M. WRIGHT, Plaintiff 1i \ NC1V:2. 'f; (UUJ IN THE COURT OF COMMOk;PcLji:~~QF. ;#I CUMBERLAND COUNTY, PENNSYLVANIA ~ vs. NO.00-5344 CIVIL ACTION - LAW BRIAN N. WOOD, Defendant IN CUSTODY ORDER OF COURT AND NOW, this I... l' day of i> C.cc .....L p r 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the d7~ day of ~L/ , 200e, at CZ3t2. ~m. At this hearing, the following two issues will be addressed: A. Mother's Petition to hold Father in contempt because of Father's failure to pay Mother $600.00 in attorney's fees in accordance with the prior Order of March 28, 2005. B. Mother's request to modify the existing October 3,2000 Custody Order. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and the other party or their attorney, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party, and a summary of 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 prior Order of October 3, 2000 shall remain in effect. BY THE COURT, Cc: Karl E. Rominger, Esquire Mr. Brian N. Wood Harold S. Irwin, III, Esquire ()-,) -6) ~ ~ ,)lk; (l,' ,. 1:.1 :1 ~ I~ TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.00-5344 CIVIL ACTION - LAW BRIAN N. WOOD, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley OIer, Jr. 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 child who is the subject of this litigation is as follows: Kimberly Wood, born September 23, 1991 2. A Conciliation Conference was held on November 17, 2005, with the following individuals in attendance: The Mother, Tina M. Wright, with her counsel, Karl Rominger, Esquire The Defendant did not appear, and attorney Irwin had advised the Conciliator in advance of the Conciliation Conference that he has withdrawn from the matter. 2. The Defendant has not paid a $600.00 award of attorney's fees as per a prior Court Order. Additionally, Mother wants to modify the existing Order which dates to October 3, 2000. A hearing is necessary to address both issues. 3. The Conciliator recommends an Order in the form as attached. Date: /(<11- oj ~~"~ TINA M. WRIGHT, Plaintiff NOV 2 ~ l005 p1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.00-5344 CIVIL ACTION - LAW BRIAN N. WOOD, Defendant IN CUSTODY ORDER OF COURT AND NOW, this !Sf day of I1.U'-""'&.u- 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as 6'_l1_n___ CUMBERLAND COUNTY COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 F L ~-.l~.;;.. '- ~ " tic 02'05 ~4I = DJ'= PB "ETER 1148111 u.s. PO SUO I / ., Mr. Brian N. Wood 2140 Old Trail Road Etters, PA 17~1!l WOOD~4S~ ~740220S6 ~AOS ~7 ~a/~~/o5 WO RETURN TO SENDER OD'BRIAN . MOYED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER ~"'?.;-~_.........-- ~- 'f"':.l" ~I~.~~~e{~~~~~~~~~ I !JI III II II (l II II "II I' I' . IHHIl!Hl hH!i.i1 HI Hh;Jl!lJH!llJl::n !In HI! d!li BRIAN N. WOOD, Defendant IN CUSTODY TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 00-5344 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY & PLAINTIFF'S PETITION FOR CONTEMPT AND SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of March, 2006, upon consideration of the father's Petition To Modify Custody, and the mother's Petition for Contempt and Special Relief, and following a hearing which the Defendant Father did not attend, the record is declared closed, and the matter is taken under advisement. By the Court, /(J J. ~l E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 For Plaintiff ~ ~ian N. Wood c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 :mae L') ~-"" :JJ,-,- .--.J... CCl' 1-.' E? ~r: I.L o LL- r- ,,; ~, L,.".~. ~":.t ::i: ""':::::.J C.~l C:;::, "" , C) ~ .. TINA M. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BRIANN. WOOD, Defendant NO. 00-5344 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of March, 2006, upon consideration of Defendant's request for custody, and of Plaintiffs request for contempt and special relief, with respect to the parties' child, Kimberly Wood (d.o.b. November 23, 1991), and following a hearing at which Plaintiff and her counsel appeared and presented evidence, and at which Defendant did not appear, either personally or through counsel, and it appearing that Defendant is presently incarcerated in the Cumberland County Prison on a parole violation and has pending charges in York County for statutory sexual assault, aggravated indecent assault, endangering the welfare of children, corruption of minors and indecent assault, it is ordered and directed as follows, pending: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in Plaintiff, the mother; 3. Defendant, the father, shall have visitation with the child at the Cumberland County Prison upon written request through Plaintiff's counsel, Karl E. Rominger, Esq., for up to an hour each week as permitted by the prison's rules. 4. Defendant is adjudicated in contempt of the court's order that he pay $600.00 in attorney's fees to Plaintiff, and he is sanctioned to apply 10% of his work release net income, upon receipt, to this obligation. 5. Upon motion of either party, the court will hold a hearing to review this order in the event of a change in Defendant's prison status. .~. ; GS H.::,J LZ t;\]~'l fJ:'iD;~ :;'" .. . ~rl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff vrrrian N. Wood Cumberland County Prison Defendant, pro Se ~rold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, P A 17013 :rc BY THE COURT, < Ll/'7I??~f( 1; Wesley Oler, Jr., J. I / ~