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HomeMy WebLinkAbout00-06799 "I _ " .J,~ I, _ '-;", X": , DAVID L. WRIGHT PLAINTIFF V. KIM L. WRIGHT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA 00-6799 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 170S5 on Monday, August 20, 2001 , the conciliator, at 9:30 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. EsqbP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . Fi) ...*," -<~,~ 7'CJ3-or 7'~3'CJr '/ ',;2.3>-0/ .. . .~, '-:-',{ " I! -Jl '"'", ~-; ; _,-it, .JTY' M- ~ ~;it d?f CJ~, '71~,~ ~~. ~~$~~ . -~"'!""!""fPIilj, I ~,__,~~,i",_ ~-...c '" _,~_!lIlaJ _= ~"""~ --;,"j'!,'"'^"'~fW~~,_~~~lf') ~~~~,;m~'r%-'lW'~~J!!i'~~WJjfjl\1"'~~~, ' ,.;..j".., ~~ , DAVID L. WRIGHT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6799 CIVIL TERM Vs. KIM L. WRIGHT Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2001 at_ A.M.lP.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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator 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 OF CANNOT AFFORD ONE, GO TO ORTELEPHONE 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 . . ~~- ~ ~.m ~' . ~-~ ~ ."'....."'~~} DAVID L. WRIGHT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00-6799 CIVIL TERM KIM L. WRIGHT , Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION OF AN EXISTING CUSTODY ORDER 1) Petitioner is David L. Wright, Plaintiff in this custody action. 2) Since the parties separation the parties have had an equal shared custody arrangement which was entered by agreement. A copy of the Order implementing the agreement is attached hereto. 3) In order to facilitate this arrangement the Petitioner relocated his home to live closer to the home where the Respondent moved with the child. 4) This Order should be modified because: The Petitioner can provide a more stable and secure home for his daughter that would be in her best interest. The Respondent has constantly attempted to interfere in the current arrangement and has made it unworkable. WHEREFORE, Petitioner through his attorney, Robert L. O'Brien, Esquire, respectfully requests that the court set a hearing to modify the existing Order and to grant Petitioner primary custody of Jessica Lynn Wright. ,...,''!liIr- '~-~!f,1i_ Respectfully submitted, O'BRIEN, BARIC & SCHERER By:' ~~ IV-V-- Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 .0" . . ., ~"o.i!j,2; VERIFICATION I verify that statements made in the foregoing 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. ~~~ rOb/domlwrightmod.pet "-"~-.~ ,_, - _ ",~,_.:..~~_~",,'" c __ - '1\j!-,' DAVID L. WRIGHT, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCUNTY, PENNSYLVANIA : : vs. . . NO. 00-6799 CIVIL TERM . . KIM L. WRIGHT, Defendant : CIVIL ACTION - LAW IN CUSTODY . . OODER OF CXXlRT '7 +.h upon consideration of the attached ordered and directed as follows: AND 1!ilCIi, this day of ~lIem\e R. , 2000, Custody conciliation Report, it is 1. The Father, David L. Wright, and the Mother, Kim L. Wright, shall have shared legal custody of Jessica Lynn Wright, born November 13, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. Until such time as the Father relocates his residence to the Middletown area, where the Mother resides, the custody arrangements set forth in this Court's Order dated October 24, 2000 shall continue in effect. 3. At such time as the Father relocates his residence to the Middletown area, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange of custody to take place on Fridays. When the Father is receiving custody of the Child on Friday, he shall pick up the Child at 6:00 p.m. at the Mother's residence. When the Mother is receiving custody of the Child on Friday, the Child shall take-the bus from school to the Mother's residence, as usual. When the Father has to work during his period of custody and is unable to provide care for the Child, the Father shall first contact the Mother to offer her the opportunity to provide care for the Child before contacting third party caregivers. The parties shall cooperate in determining whether it is appropriate for the Child to attend certain car shows and in making arrangements for care of the Child during car shows when the Father has custody of the Child. 4. The parties shall share or alternate having custOdy of the Child on holidays as follows: A. CIIRIS'mAS: The Christmas holidQ.y shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon .-~ " ,I J ~1;" , . through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custOdy during Segment B. In every year, the parties shall equally share having custody of the Child during the remainder of the Christmas school break. B. ,THANKSGIVING: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 5:00 p.m. and the Mother shall have custody from Thanksgiving Day at 5:00 p.m. through the Friday after Thanksgiving at 6:00 p.m. C. ALTERNATING HOLIDAYS: The Easter holiday shall run from the ,Saturday before Easter at 6:00 p.m. through Easter Sunday at 6:00 p.m. The Memorial Day and Labor Day holidays shall run from 9:00 a.m. until 9:00 p.m. on the day of the holiday. The July 4th holiday shall run from 9:00 a.m. until after the fireworks on July 4th. In even numbered years, the Mother shall have custody of the Child over the Memorial Day and Labor Day holidays and the Father shall have custody over Easter and July 4th. In odd numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day holidays and the Mother shall ,have custody on Easter and July 4th. D. MOl'HER'S DAY/FATBER'S DAY: In every year, the Mother shall have custody of the Child from 9:00 a.m. until 9:00 p.m. on Mother's Day and the Father shall have custody from 9:00 a.m. until 9:00 p.m. on Father's Day. E. PARENTS' BIRTBIlAYS: Each party shall be entitled to have a period of custody with the Child on that parent's birthday at times to be arranged by agreement of the parties. . F. The holiday custody schedule shall supersede and take - precedence over the regular custody schedule. 5. Each party shall advise the other party of his or her current address and telephone number on an ongoing basis. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide the other party with advance notice of an address and telephone number where the Child can be contacted. 7. Neither party shall co or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child ___~-L - .L .I. altl!lj. ". comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /s/ JI H~ d. -tlJ\/\ J Kevi~ess, - J. cc: Robert L. O'Brien, Esquire - Counsel for Father Joan Carey, Esquire - COunsel for Mother . ~ TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hnnd and the,seaJ {If sai Court ~i t rli~le, Pa. Thi 0 , ......0....... f., aX'.", ~' ay , " '- :".-' \" :: ......, ..' ~..J ..,.... ... , " .. r . '. ' , Prothonotary ,.;. _,J ~ ,< .~~ r-H '"lw,,', , DAVID L. WRIGHT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-6799 CIVIL TERM . . . KIM L. WRIGHT, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRICR JUDGE: Kevin A. Bess, CUS'lOOY cx:6CILIATICI'I SUMMARY REPCRI.' IN ACXXm>ANCE WITH CDMBBRLAND CXXlN'lY RULE OF CIVIL PR.OCEOORE 1915.3-8, the undersigned Custody COnciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENrLY IN CUS-~UJY OF Jessica Lynn wright November 13, 1992 Mother " 2. A COnciliation Conference' was held on November 1, 2000, with the following individuals in attendance: The Father, David L. wright, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Kim L. wright, with her counsel, Joan Carey, Esquire and David Lopez. 3. The parties agreed to entry of an Order in the form as attached. Date I..Jtn~ ".? .).e~ ~ # Da~ Custody Conciliator l.. j~ L__I ~~ M.. .. r ..; ... } DAVIDL. WRIGHT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10'" day of ~~~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary to a Custody Evaluation to be performed by a professional selected by the Father. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. The Father shall initially be responsible to pay the costs of the evaluation but reserves the right to petition the Court for an allocation of the costs between the parties. The parties shall sign all authorizations deeme:d necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated November 7,2000 shall continue in effect. 3. Counsel for either party may contact the Conciliator within 60 days of receipt of the evaluator's written recommendation, to schedule an additional Custody Conciliation Conference, if necessary. BY THE COURT, Ai J. Cc: Robert L. O'Brien, Esquire - Counsel for Father David Lopez, Esquire - Counsel for Mother Jt'f<'<~ OV''''' "./. 1'1_11-01 9- ~ I', . ". .. ;,.. ,~ ~~""~] . ~,l., A'Le/'", Op li..iL' ~;/:~:!Ir!t:::r: " '" /'i"1 J, '.)I~II)"'ARY '"' " !~" '{\../{.11 o I Sf? I a Plf 3: ,ci I C"/,''8I.... VJt' ~"I i', <', I ..I1/.."i1vU Cou, P&vNSVLVANIA rY/y j \l!il", ~i"I#IIIlI;!lt. ~""~~<'< ~,~, ,..".,""",1", . ..~...~"' .. } " IIIIIf:T , ,-o::<;"l'~ u ~"">;>'-"~--'-'r,':' -- . I L-I L. .~- '""" ~''ij,ffiJ~ ,. - ... - , DAVID L. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 00-6799 CIVIL ACTION LAW KIM L. WRIGHT, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: 'NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Lynn Wright November 13, 1992 Mother 2. A Conciliation Conference was held on September 5, 2001, with the following individuals in attendance. The Father, David L. Wright, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Kim L. Wright, with her counsel, David Lopez, Esquire. 3. The parties agree to entry of an Order in the form as attached. ~ ~,:W07 {~ Dawn S. Sunday, Esquire Custody Conciliator DATE -'o_;.".'!'''' "-.' ~- -; ",.' DAVID L. WRIGHT Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- fs, 71/ CIVIL TERM KIM L. WRIGHT Defendant IN CUSTODY ORDER OF COURT OchW" AND NOW THIS L/ -day otAfi'!il, 2000, upon review of the attached Petition for Special Relief, this Court sets a hearing in this matter for /?lt1>?4"7 a-ll.- ,the 7 ___ day of Ochb<.r , 2000, at /l);co AM.lBiM, in Courtroom # i of the Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, J. cor~ ('f't1J.I\eJ 10- 'i-OO II I , c., ,.', .".~. ,.".., ",,-""C' "~! ,_.1liJ!!I!JII..~ ,~, FILi:D--Dr:F\CE O~, .~,,,.,,,,, V^' 'r'''MW , -"", ..".11\~:~_"'1\Jtt'\i'1I 00 Gel , - L~ '." \'0' 21 ~A ~"'I ' . ..J "....' C. "".)~"" "';"[' !'I'-'I"'-'Y 0l\l~l..;-~nLr\; ',,'; ~..JvuH. PENNSYLVl,\;--lIA .~,- \"".;C' ",-,., ,'C'e;;" ,.~.~...>j"e- "....,,- ~_ o__wxr~~",~," ~iIJf,"". _0 ,~ '," - '. -,.~" .""",, '''.'1 '> ... I """.t(~' (; J~'lr)!l "!I'll), ,J DAVID L. WRIGHT Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- &1'19 CIVIL TERM IN CUSTODY Vs. KIM L. WRIGHT PETITION FOR SPECIAL RELIEF 1) Petitioner is David L. Wright, Plaintiff in the above-captioned action. 2) Respondent is Kim L. Wright, Defendant in the above-captioned action, 3) Petitioner incorporates the pleadings as set forth in his Complaint for Custody herein, 4) Petitioner believes that the absence of a temporary order is contrary to the best interest of the child because it allows either parent to withhold the child from the other parent. Likewise, Petitioner believes that it is his daughter's best interest that she remain in her current school and have regular and frequent contact with both parents. He seeks to maintain the status quo as much as possible. WHEREFORE, Petitioner respectfully requests that Your Honorable Court set and emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Jessica Lynn Wright. Respectfully submitted, Date: I () /" Jrx> ( 201)1\A.J Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 II " --~ '" I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904, relating to unsworn falsification to authorities. ~//q/P DAVID L. WRIGHT DATE: /o~ .y- 0 cJ II -" -~,~_.,"~ ' ~ r - ___ I .'C. " i ! DAVID L. WRIGHT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM Vs. I KIM L. WRIGHT ! Defendant IN CUSTODY I j ORDER OF COURT i I AND NOW THIS _ day of , 2000, upon consideration of II the attached complaint, it is hereby directed that the parties and their respective I, counsel appear before " the conciliator, at II on the_day of . ,2000 at_ I! AM.lP.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be , I 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, BY THE COURT, BY Custody Conciliator 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 OF 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 - ~~. v fl.mV . ~ -~ Mi ''"_''~l' DAVID L. WRIGHT Plaintiff Vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM KIM L. WRIGHT Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is David L. Wright, an adult individual, currently residing at 1239 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kim L. Wright, an adult individual, currently residing at 1239 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Jessica Lynn Wright, age 7, born November 13, 1992. The child was not born out of wedlock. The child is presently in the custody of both parties, but a separation is soon expected. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) From birth to August 1998 with both parents at 110 Grimm Lane, Middletown, PA. (b) From August 1998 to the present with both parents. 4. The relationship of the Plaintiff to the child is that of natural father. ii ;~' ~,?L II I i' _-I L... . - -"---". 5. The relationship of the Defendant to child is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Father has been an active participant in raising his daughter, In 1998, when Jessica was five years old, her Mother was hospitalized for 110 days and thereafter underwent a lengthy period of recovery. All during this period the Father assumed and arranged for the care of Jessica. (b) The Mother has stated that she intends to take the,child to Middletown, thereby removing her from the school she has attended for the past two years. The Father feels that a change in the school is not in Jessica's best interest. The Father is willing to relocate to a home close by and in the Carlisle area so as to permit both parents to arrange for shared custody while Jessica continues in school and remains in her home with her Mother. Father seeks to maintain as much stability in his daughter's life as possible while the parents undergo a period of trial separation. ( c) Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Jessica and her Mother. 23 PACSA 5303 (a). i: II ~--'-"-" "<J~_;j._' I I I I I I I I I I I I , _. r I~,- a."llli'''''' . 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant equal shared custody of the child to the Father on a Sunday to Sunday schedule. B) grant such other relief as is just and in the best interest of the child. i i i I I I I C) set a court hearing to establish a temporary Order maintaining the status quo until a resolution by conciliation or full custody hearing. Respectfully submitted, Date:~ --;?8.e,,1V (,' Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I ii .- "~ ,j .'....'~~~h'- -~, I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CoSo S 4904, relating to unsworn falsification to authorities, 4/<1110 DAVID L. WRIGHT DATE: /0 - L; - 00 I I: I' il roO .J ~.~ ""...........'!!"jc" . DAVID L. WRIGHT PLAINTIFF V. KIM L. WRIGHT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6799 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 9th day of October, 2000, upon consideration of the 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, Mechanicsburg, PA 17055 on the ~dayof November ,2000,at.--!!:00a.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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Dawn S. Sunday, Eif Custody Conciliato The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements 'must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l'1 ~ ~ OF:' , "'i;'('r 00' or~ . .',,,' J ~. q D'! ~', ... i! i "j': Jl"7 '. C'il"'" l.".i vl'-.)"'!-': ,,:, I'" P8VNSYt~^CI.8UN7Y r\ .11~\ /~.f.1J{) M" ~ ~ .?t 4- U/~"'~ /o-9-&c? ~'/J<~ ~ /'h.//o /tJ. f tJt'; C~ /1A aJl/ ;t; ~'~~ ~, " 'I"""~~~'~ ",,1I!lI 1'"i'~Jl\ll!.'~_!IJl'lI'!ih~M!ltl ".. ,'~,'" ,,~ .~ ~ ~_"'S~f~~~~1~~IiW'i(l;...-,!,~'tlJji~W!\lF.IiI~!M~:IJ!I~,_J:r ',."_"" ,. '. "'+":C~::2_'O__,_ '" -". ..,.'-'';;,;J; - ,=-",-"",',;;'-',,, , :,;",;;0;;"",.,;, 'b'"" ',i;..-f~~~;,1'\\;: ,.k-,.. 'c.", , ~,_~ DAVID L. WRIGHT Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000-10 1?1 CIVIL TERM KIM L. WRIGHT Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2000 at_ A.M.lP.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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator 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 OF 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 II DAVID L. WRIGHT Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000- (.1?? CIVIL TERM KIM L. WRIGHT Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1, Plaintiff is David L. Wright, an adult individual, currently residing at 1239 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kim L. Wright, an adult individual, currently residing at 1239 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Jessica Lynn Wright, age 7, born November 13, 1992. The child was not born out of wedlock, The child is presently in the custody of both parties, but a separation is soon expected. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) From birth to August 1998 with both parents at 110 Grimm Lane, Middletown, PA. (b) From August 1998 to the present with both parents. 4, The relationship of the Plaintiff to the child is that of natural father. II 5. The relationship of the Defendant to child is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Father has been an active participant in raising his daughter. In 1998, when Jessica was five years old, her Mother was hospitalized for 110 days and thereafter underwent a lengthy period of recovery. All during this period the Father assumed and arranged for the care of Jessica. (b) The Mother has stated that she intends to take the child to Middletown, thereby removing her from the school she has attended for the past two years. The Father feels that a change in the school is not in Jessica's best interest. The Father is willing to relocate to a home close by and in the Carlisle area so as to permit both parents to arrange for shared custody while Jessica continues in school and remains in her home with her Mother. Father seeks to maintain as much stability in his daughter's life as possible while the parents undergo a period of trial separation. (c) Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Jessica and her Mother. 23 PACSA 5303 (a). II - - ,,_, ~'",:". ; _',' _,,-,fe'- 'O'^'.".';~'_" .<" ,: 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant equal shared custody of the child to the Father on a Sunday to Sunday schedule. B) grant such other relief as is just and in the best interest of the child, C) set a court hearing to establish a temporary Order maintaining the status quo until a resolution by conciliation or full custody hearing. Respectfully submitted, Date:~ --;?~, t" Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 II .... - ~,~ I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. , ? ~ 11~ DAVID L. WRIGHT i: Ii , , , ! DATE: /0 - 4 - 0 0 II ~~ ",,", ':ill1#! vs. . "" '"UV u.c~ . IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA . . . : NO. 00-6799 CIVIL TERM : . CIVIL ACTION - LAW . : IN CUSTODY DAVID L. WRIGHT, Plaintiff KIM L. WRIGHT, Defendant ORDER OF CXXlRT AND 1!ilCIi, this 1- . upon consideration of the attached ordered and directed as follows: day of ..v. ..~ , 2000, Custody Conciliation Report, it is 1. The Father, David L. Wright, and the Mother, Kim L. Wright, shall have shared legal custody of Jessica Lynn Wright, born November 13, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. until such time as the Father relocates his residence to the Middletown area, where the Mother resides, the custody arrangements set forth in this Court's Order dated October 24, 2000 shall continue in effect. 3. At such time as the Father relocates his residence to the Middletown area, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange of custody to take place on Fridays. When the Father is receiving custody of the Child on Friday, he shall pick up the Child at 6:00 p.m. at the Mother's residence. When the Mother is receiving custody of the Child on Friday, the Child shall take the bus from school to the Mother's residence, as usual. When the Father has to work during his period of custody and is unable to provide care for the Child, the Father shall first contact the Mother to offer her the opportunity to provide care for the Child before contacting third party caregivers. The parties shall cooperate in determining whether it is appropriate for the Child to attend certain car shows and in making arrangements for care of the Child during car shows when the Father has custody of the Child. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. c:flRIS'mAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon , ~ ,rip 1,,11 I _=,_ FiL~~':2,'-O!'F/;'~'E " '( ':';'/OTAFW 00 Nnlr -co " . " u r::-; 8: 1 n CUMb!:fii '.,. " pfNNiY~A~~UNTY .,. Uf~ '" < ~,',"~"",' '_,~F ' _ .~~--lPi~~~-?1~1~~'~'Imj[W~~~~~~J_"""',~<-r----" ~J~!~~.~"",~$ - . I,~ " , "', "- ">'.~ . - 1-,,~_ fTh-,k ... through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In every year, the parties shall equally share having custody of the Child during the remainder of the Christmas school break. B. THANKSGIVING: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 5:00 p.m. and the Mother shall have custody from Thanksgiving Day at 5:00 p.m. through the Friday after Thanksgiving at 6:00 p.m. C. ALTERNATING HOLIDAYS: The Easter holiday shall run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 6:00 p.m. The Memorial Day and Labor Day holidays shall run from 9:00 a.m. until 9:00 p.m. on the day of the holiday. The July 4th holiday shall run from 9:00 a.m. until after the fireworks on July 4th. In even numbered years, the Mother shall have custody of the Child over the Memorial Day and Labor Day holidays and the Father shall have custody over Easter and July 4th. In odd numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day holidays and the Mother shall have custody on Easter and July 4th. D. MO:rIIER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child from 9:00 a.m. until 9:00 p.m. on Mother's Day and the Father shall have custody from 9:00 a.m. until 9:00 p.m. on Father's Day. E. PAREI!lTS' BIRTHDAYS: Each party shall be entitled to have a period of custody with the Child on that parent's birthday at times to be arranged by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall advise the other party of his or her current address and telephone number on an ongoing basis. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide the other party with advance notice of an address and telephone number where the Child can be contacted. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child J .," , " t :t.;:i.o> ... comply with this provision. 8. This Order is entered pursuant to an agreement of the perties at a Custoqy Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ./leL J. cc: Robert L. O'Brien, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother . flY t~\\.~:Z1~ ~~ " ",-' '. ~ .' njjJ~:, .. DAVID L. WRIGHT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-6799 CIVIL TERM . . . KIM L. WRIGHT, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY cnICILIATICl\I SUMMARY REPCRT IN ACOJRDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUS'l'OOY OF NAME Jessica Lynn wright November 13, 1992 Mother 2. A Conciliation Conference was held on November 1, 2000, with the following individuals in attendance: The Father, David L. wright, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Kim L. wright, with her counsel, Joan Carey, Esquire and David LOpez. 3. The parties agreed to entry of an Order in the form as attached. Date /..J1J7~ :;" :J (9,--rJ - If Da~ Custody Conciliator = _, ..c, ~'I,' ,n _ -R ' ., ''''''''''''''0','; ,_ ,~--""'- .-<_"," "o"'k"'^,,,< .', - '~ DAVID 1. WRIGHT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-6799 CIVIL KIM 1. WRIGHT, Defendant IN CUSTODY ORDER AND NOW, this z.. '-II" day of October, 2000, following hearing on the motion of the plaintiff for a temporary order, pending conciliation and further order of court, primary physical custody of the child, Jessica Lynn Wright, born November 13,19992, is temporarily awarded to her mother, Kim Wright, with periods of partial custody in the father, David Wright, as the parties shall agree, including at a minimum every other weekend from Friday evening to Sunday evening and one evening every week on such day as the parties shall agree and, if they cannot agree, on Wednesday. On the application of Gruber . Gruber, 583 A.2d 434 (Pa.Super. 1990) to this case, see Hurlev v. Hur1ev, 754 A.2d 1283 (pa.Super. 2000). BY THE COURT, :rlm fA#. "" . A.IW~, J. ~ f\ ^.~ ~~,oo l--6Y- 'b,:f ~) () I ~\f Robert 1. O'Brien, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant J~llI1li>~lif, Pennsylvania Support Calculator wysiwyg.//4/http.//www.pennglazier.comlsupportlsupport.html Pennsylvania OnLine Support Calculator Copyright 11.:11999,2000 Penn Glazier, Esq., 625 W. Chestnut St., Lancaster, PA PLAINTIFF'!; EXHIBIT f (0(1<;1.. rylo...e Name of Case: david Obligor's Gross Income per pay period is $1000, Obligor has 52 pay periods per year, Obligee's Gross Income per pay period is $0. Obligee has 12 pay periods per year, The parties have I children, Ipart I. Basi~ChildS~~~~rt ",..".""."".",.".,..,."."".,.,.,..,.."." .".."""""""", ""',[obii~~~iobli~~~; .Ii:i?t~~~;~i~~~~~p.~~p.~yp~~?d" "'" "'."'.','.',.,',',..',',',..','.',',',',',',',', ',',',',',',',',',',',',.,',.,',','",.',',',.',',',',',',',"".',.".'.'..'iliooo..oo.io.oo'.'..'..] .1?:I.:.es.s.J?~~l!~~i()~s.m """""""""" """., "'mml~g9..g9.H9.:9.gJ 13. NetIIl~()lIleI700.ooio.oo . f;:.::~~~~~~~~i~~~~i~~~~~~~~~~~,~=:~:~'~,~:::~:~,~::-:~,~~::~~~~,~,~'::':'::'~':,'::":'.':::::.f~~~~:~~{JI:"==~~~:::] · 6. Basic Child Support Obligation (Determine either from Schedule based on number: :: . . of children and line 5 combined monthly net income OR from Chart by finding . 668.27) . pr()p()rti()Il()(c.()IIl~iI1ediI1colIl~sp~llto~tI1~cltild~ell) ."" ,.",.".}[""", . 7. Net In.come Expressed as a Percentage Share ofIncome (Divide line 4 by line 5 .[100.00%:10.00%' . and multiply by 100) .! · 'fE~~EP~en)""'t:~"M~~thl~"S~~'~f'th~'I3'~i~'child"S~pp~rt"Obiig~ti~~"(M~ltipl~'li~~"'il~~;':;;"'''.t~:~'~'''''''''i .I""'~'"''''''''~'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"""""""""""""""""""""""""""""""""""""""""""""""""""",,',,,,,,,,,,,,,,,,,,,,,,,,'!..,,,,,,,,,,,,,,,,,) . Part II. Substantial or Shared Physical Custody Adjustment, if Applicable (See.i . · Subdivision (C) Of This Rule) .: . ~t:ti;~~~~~~~~tt;:i;~~:i;;~~~~;~~~i~~~~~~b~;;i~~~~ghtS(lS.2)11~~.~~~{:"~ 19.~:,~~?!r.a~~g~uu"u'H" .." ,.""""'H' "HH".'m mm'HU "m, .1~?:~~~mL 9c. Obligo~'s Adjusted ~ercentage Share of the Basic Monthly Support ObligationI80.l4%! · (~llbtrllctllile?~fi:()IIl~ntl7) "." "",."."",.."" ",."", '" '" "'" ,,',"',' """'" "'" '" " ,.,~ '" ",."." "'" ,,'" """,. """.".".."."""!,, ' . 9d. Obli~or's Adjusted Share of the Basic Monthly Support Obligation (Multiply line 11535,.53 l! - 9c and line 6) :: . J~:!~~~i~i~~'!~f~{tfi~,:~i~~~~/~~:!r~~~ji,~~i.~~iH?E~,i:~~!~::::::::::::::::::::::,H:::,':::,i[::::::::::::::,'Jr:::::::::::::::::J l::f~~:::'~*i}~~t~:.~~~Hft!~~~~f1~~~:'si~~;;;~'i'~~~~i;i:i~::;~~~~',i~~Hi;~~;;"H',':Ul~:~~:::::':"i::::,',H,',"H,':] ;~~~;~~~~;~~~~":.~:li:::::::::_~~;~:T"=::i }~~:~?l~~itt~~i,~t~t~t~,s,~,~':::::::'::::::::,::::::::::::::::,H::::::,::::,:,':::::::':::::,H:,H::::,H::::,::::::::::::::::::::::::::::::::::::::,:::::::,'::Jl~H~~::::::::Jr::::::::::::::::::] .ri't"~BLIa:oR;'S'TOT'~'MoNiHLY'sUPP6'RT"oBLiGATi6N'(Add'ih;~H8"(~~'H"'H';'~';:';'~'H'H..'H'H"""'H""H. :,~,~~L!!:,~pg~~~,~~~~1"~~"~~,~~}R~""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"L"",,,,,,,,,,,,,,,,)L,,,,,,,,,,,,,,,,) I of2 10/03/20009.32 AM ..... ~L"l_~" ~" J " ~" . 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X 30% H : 11},~,,~()~!l~()t~()!lt~y~p()~s.al~':'pp()It,()r.!\l:'~.1749:34ii; 1:'7i~=~~~;;'~~4)..................... ....... .................11;;;,;;" lli.~:.~~~.q~~i~~;~.~~~~~;,~~ii~~~~~~i~~,'~j.,,',.,',.,.""""",...,'.',','.'..,','.,..,.,..','".,",.," ,,','.'jlo:~~""""""".. '121. Difference :13033.33 :i . :....................................................................................................................................................................................................................:.......................:,..................... 1f~~I:.:~~~f~~~~fui~iii~~~r.~iiii~:i~:~iu:u:.:~.:':.:.~:...:.:~':~u:~.u.::.::~,~:u::.~:~.~:~~.::.~::..::u:~~~u::.:,J.f~i~l~J[~:".u.::::::~J , , Click Here to Compute Another Please send comments to penn@oennglazier.com http://www.pennglazier.com . This Java Script is provided free of charge, "AS IS", for use by judges, divorce masters, law clerks, attorneys and paralegals. I assume no responsibility whatsoever for errors. If you discover errors, please notifY me by email. Yau voluntarily assume all risks in connection with the use of this program. This Java Script is designed for use by legal professionals only. It is not, and should not be regarded as legal advice. If you are in need ortegal advice, please contact an attorney. Pemsylvania law regarding spouse and child support is complicated. This Java Script is, hopefully, a useful tool in the hands of a competent professional. There is, however, a risk that. for an untrained person. using this Java Script can produce misleading results. You may make print and electronic copies of the program and program output, provided that you do not remove any copyright notice. There is no warranty of any kind, including without limitation the warranties of merchantability, or fitness for a particular purpose. Title, ownership rights, and intellectual property rights in the software code are and shall remain the property of Penn Glazier. This software is Copyright@ 1999,2000 by Penn Glazier, 20f2 1O/03/2IJOO 9:32 AM ,~ ~I~ - ~ ~ ~ ~. -".~ n" SHERIFF'S RETURN - REGULAR CASE NO: 2000-06799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WRIGHT DAVID L VS WRIGHT KIM L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon WRIGHT KIM the RESPONDANT , at 0020:01 HOURS, on the 5th day of October ,2000 at 1239 SPRING ROAD CARLISLE, PA 17013 by handing to KIM WRIGHT a true and attested copy of ORDER OF COURT together with IN CUSTODY, PETITION FOR SPECIAL RELIEF and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~Vf:~" R. Thomas Kline me this c." /0 ~ day of 10/06/2000 O'BRIEN: BARIC ~R, J By. f!l.~A Deputy Sheriff -- Sworn and Subscribed to before {J c1';';.tLl.. d- v-v-D A . D . ~Q"'";, .-- ,/~~ r thonotary , - ~L " I~~~ ,I" ~~ ,,~, . ~~iiM<,-' " "... . DAVID L. WRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-6799 CIVIL TERM . : KIM L. WRIGHT , . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY o:NCILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Lynn Wright November 13, 1992 Mother 2. A Conciliation Conference was held on January 30, 2001, with the following individuals in attendance: The Father, David L. Wright, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Kim L. Wright, with her counsel, Joan Carey, Esquire. 3. This Court previously entered an Order in this matter on November 7, 2000, after a Conciliation COnference on November 1, 2000. The Father filed this petition for enforcement which resulted in the scheduling of an additional Conference. Although it was determined at the COnference that the entry of an additional Order is not necessary at this time, the parties discussed several issues which have caused conflict in the implementation of the Order since the prior Conference. Most importantly, the parties agree to engage in a course of counseling in order to obtain assistance in improving communications and cooperation in coparenting their Child. The parties acknowledge the importance of selecting a counselor and initiating the sessions as soon as possible following the Conference. In addition, the parties agree to limit the non-custodial parent's telephone calls to the Child to one call each day. c/~~ Date .10, rieJo/ , u,,~~~ Dawn S. sunday, Esquire CUstody Conciliator .~ . ~ 10\ l~ &rc}J :t7 J ~ cc: vRobert L. O'Brien, Esquire - Counsel for Father ,/Joan Carey, Esquire - Counsel for Mother '"""~~ ~I .1. . J w_ ~ "' " I:llr 'oM',' , , DAVID 1. WRIGHT PLAINTIFF V, KIM 1. WRIGHT DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6799 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of January, 2001, upon consideration of the 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, Mechanicsburl(, PA 17055 onthe 17th day of January, 2001 ,at 1:00 p.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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl 'awn S. Sund'a Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'I' . , , ';,- ,--,.- /r'd,c11 l-f.t11 /-1-tJl ~- . - '" - ~, . " -- " - ~ -,"""'- "_a ni1 Ir,~~ ~~O "', ~, '. '.."\:, 0 i-'I~I .1: ':{L. .. . CUM3U=lU'J"!)' if): IId1V .. _" "- -",", uJ~ J !]b~NSYLV/\N!A {b'. cb;y ~ i: 41{ ?J~ 71~ .~ ~ YS". I~ /Jt~ ~ ;;; ~t' -:'- .O?, .,~__"__~,",, ~~"""'lWi~H~'<9'"".iilfjfo/:lI'';:''''11'!!''~'JillI~~''~i!!!j1W ,~. ." ,~ I, I __ ,,,.,,,.,-' '-' -' P / e. a.S f.; t:;;Ch..ed..uLR... A.ea.ri nJ ge ftrre. [)P..()JTl. Su~ It-~JtP - .,'",,,.,",.',',,-c.,,,- '-',"'" -,,",-'" -- ;,'.,-.,,, .' DAVID L. WRIGHT Plaintiff/Petitioner Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000-6799 CIVIL TERM KIM L. WRIGHT Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 200~ at_ A.M.lP.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, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator 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 OF 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 Ii 1'- ,','":,, ,,1-, ) DAVID L. WRIGHT Plaintiff/Petitioner Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6799 CIVIL TERM KIM L. WRIGHT Defendant/Respondent IN CUSTODY PLAINTIFF'S PETITION FOR IMPLEMENTATION OF CUSTODY ORDER UNDER 23 Pa, C,S.A & 5306 1. Petitioner is David L. Wright, the Plaintiff in the above-captioned action. 2, Respondent is Kim L. Wright, the Defendant in the above-captioned action, 3. A copy of the custody order in reference to the parties' child, Jessica Lynn Wright, age 7, is attached hereto as Exhibit "A" and is incorporated herein by reference, 4. On or about December 11, 2000, the Defendant/Respondent sent a communication to the Plaintiff/Petitioner, in which she refused to discuss any matters concerning their daughter, other than matters relating to an emergency concerning the child. She has also threatened to have the Plaintiff/Petitioner charged with criminal trespass, harassment and stalking and harassment by communication or address. A copy of the communication is attached hereto as Exhibit "B" and is incorporated herein by reference. 5. Pursuant to 23 Pa. C.S.A. 9 5303, one of the considerations the Court has to make is which parent will permit and allow frequent and continuing contact between a parent and their child. Additionally, one of the gravamen of a shared custody situation is that the parents be able to communicate openly about their child, II The Plaintiff/Petitioner believes that the Defendant/Respondent is attempting to create a climate which would effectively destroy the parties' shared custody which has been court ordered. WHEREFORE, the Plaintiff/Petitioner requests that psychological evaluations be conducted of both parents to assist the court in determining which parent is better able to care for the child, In the meantime, the Plaintiff/Petitioner requests that the court convene a hearing to see what can be done to implement the existing court order pursuant to 23 Pa. C.SA S 5303. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: r ~ D~AJ-V- Robert L. O'Brien, Esquire Attorney for Plaintiff/Petitioner 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien@obslaw.com rlo.dir/domestic/wright.imp I ,I I' II ~r,'} . ' VERIFICATION I verify that the statements made in the foregoing Plaintiff's Request for Implementation of Custody Order Under 23 Pa. C.SA 9 5303 are true and correct. understand that false statements made herein are made subject to the penalties of 18 Pa, C,S. 94904, relating to unsworn falsification to authorities. 4~::t L/~a'O Date: /2..-/ II - L ._.. ll~~!',Y ... Praecipe - Kim L. Wright 1..1,1. Of.. Enter Appearance DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of David Lopez, Esquire, as attorney for the Defendant, Kim L. Wright. D PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Kim L. Wright, in the above captioned matter. Respectfully submitted, \ G. F, ESQUI 3448 Trin e Road amp Hill, 17011 HONE: (7 737-0100 Fax: (717) 975-0697 Attorney for Defendant - 1 - "," . < ' j' ';Mi~~I;~r~Ll ~J.~_i"~~"~r"l:~IBi1' ! < _, ,"~ ",~. v, "___" , "y' ,.,...~.~-_.= . " ,~ ,-,-, ,,-~ ~~}ltt' ~ ,'~, ~", ~~ <'d. 'j i' j,'t '0 ',.'w-C"",""'w 'Oc' " >",",'i__;i._... '" (') 0 0 c: I'J -0:5:: , ", m[?2, '- ::;: :bo ~p <: ,.r"C;12! I'J OJ;,,; W ,~]/? ;:$<:.. :s: C) ~0 h ;:;j,~J -- ()~i:f <0 .....h J;;c: --~ (''") ;? ':9 am ~ -:.n ~ 0"1 ::0 """ " H" .:.:.~L:,:_; - ,_:,': . , . ~ ;g~.; DAVID 1. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-6799 CIVIL CIVIL ACTION - LAW KIM 1. WRIGHT, Defendant IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this L 'Z...J day of March, 2002, a rule is issued on the plaintiff to show cause why the relief requested in the within petition ought not to be granted. This rule returnable seven (7) days after service. BY THE COURT, Ropet1: 1. O'Brien, Esquire ybr the Plaintiff /L .->>1ane G. Radcliff, Esquire For the Defendant :rlm t rsp ie.s -1'l 0.\ \e.d 03-;26 -02 l R~S t:o: 04 . ~O-lcJ;fF {9' f3 ri e.t ~ '!-'l~,"-C" .~ --,,-- ~ ','''0' c>, '1' ,~,. "} r-~'~ r-; ,'~ J 1-.] !.'~ ;.: , .- ~~ CU[IJ;!,;i::J i ~"~:'J\!T'/ PENNSYU'i\.\j!A ~"'~~ -, ..,.,.,..'!i"".!,Tfl "J~'I!Ml~ --^ ~~lW!fJr _r)~"1I!'!", rw:.15<lx\W: "",',' , n ,'., .. '~". -iiiI "'..,."","""~" .~ ,'n' ,.', ,~ ~ .. ~.-- '.'j~',"',,-, 'd. ~j~I="l ',...- -<" Ml!"';" 3.7.02. Kim L. Wright. Petition for Emergency Relief DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this _ day of 2002, upon consideration of the within Petition, IT IS HEREBY ORDERED THAT father, David L. Wright, shall make immediate arrangements with mother, Kim L. Wright, to provide her with the opportunity to provide care for the child before contacting any third party caregivers during any time period he has to work during his period of custody and is unable to provide for the child. This Order is made in accordance with the provisions of Paragraph 3 of the November 7, 2000 Order of Court and it is specifically directed that the parties comply therewith. BY THE COURT: J. Distribution to: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff - 1 - WlIliW.~1iI1li I""": 3.7.02. Kim L. Wright. Petition for Emergency Relief . . ! DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this J~':thday of J''fI(\~ , 2002, comes the Petitioner, Kim L. Wright, by her attorney, Diane G. Radcliff, Esquire, and files this petition for Emergency Relief as follows: 1. Your Petitioner is Kim L. Wright, the Defendant in the above-referenced matter, an adult individual residing at 2727 Foxianna Road, Middletown, Dauphin County, Pennsylvania. (The Petitioner is hereinafter referred to as "Mother"). 2. Your Respondent is David L. Wright, the Plaintiff in the above-referenced matter, an adult individual residing at 4 Knollwood Building, Middletown, Dauphin County, Pennsylvania. (The Defendant is hereinafter referred to as "Father"). 3. On November 7, 2000, an Order was entered by this Court pertaining to the custodial arrangements between Mother and Father regarding their child, Jessica Lynn Wright, - 2 - ,'- L ~~ ~~",; 3.7.02. Kim L. Wright. petition for Emergency Relief born November 13, 1992. (The child is hereinafter referred to as "the Child"). A true and correct copy of said Order is attached hereto, marked Exhibit "A" and made a part hereof. 4. Pursuant to the provisions of Paragraph 3 of the November 7, 2000 Order, it was provided that "when the Father has to work during his periods of custody and is unable to provide care for the Child, the Father shall first contact the Mother to offer her the opportunity to provide care for the child before contacting third party care givers". 5. This case is currently pending before the Court on a subsequent petition for modification filed by Father wherein both parties are seeking to have primary custody of the Child. A hearing has been scheduled by this Court for May 24, 2002 at 9:30 a.m. A true and correct copy of the Order dated March 5, 2002 scheduling that hearing and confirming that the existing custody order shall remain in effect is attached hereto, marked Exhibit "B" and made a part hereof. 6. Subsequent to the conciliation conference held in this matter on Father's petition to Modify the custodial - 3 - -.~ I t.l:laiJt:~JB;:;. 3.7.02. Kim L. Wright. Petition for Emergency Relief arrangements, Mother had been providing day care services for the Child after school during Father's custodial weeks since Father did not return home until approximately 6:00 p.m. on the evenings during his custodial weeks.. 7. Based on advice Mother received from other individuals, Mother felt that Father was taking advantage of her in providing such after school day care and requested that Father provide the day care for the Child, feeling that he would rearrange his work schedule in order to provide the care himself. 8. As it turns out, Father did not rearrange his work schedule and instead secured the services of a babysitter to watch the Child. 9. The Child has been distraught and emotionally upset with these arrangements and wants to be in the custody of Mother rather than with a third party care giver. 10. On March 4, 2002, Mother requested that she again be permitted to watch the Child before and after school during any time Father was unable to provide the care directly, instead of using third party care givers, and Father refused said request. True and correct copies of - 4 - ...I- .. -~, - li1l'. 3.7.02. Kim L. Wright. Petition for Emergency Relief the correspondence pertaining to the same is attached hereto, collectively marked Exhibit "C" and made a part hereof. 11. Mother is ready, willing and able to provide the care for the Child during any time period Father has custody and has to work and does not want the Child watched by third party care givers. 12. Father has refused to permit Mother to care for the Child and instead has placed the Child with third party care givers and has refused to provide Mother with any information pertaining to the names, addresses, or phone numbers for said care givers. 13. Mother feels that an emergency exists and that she should be permitted to care for the Child during any time period Father is unable to watch the Child in accordance with the provisions of Paragraph 3 of the attached November 7, 2000 Order of Court. 14. The only Judge who has been assigned in this case has been the Honorable Kevin A. Hess, who is the Judge who entered the custody orders attached to this Petition. 15. Mother's legal counsel, Diane G. Radcliff, Esquire, has contacted Father's legal counsel, Robert L. 0' Brien, - 5 - ~_I U~':',,1 3.7.02. Kim L. Wright. Petition for Emergency Relief ." Esquire, to inquire as to whether Father would agree with this Petition and has been advised that he disagrees. WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order requiring Father to immediately provide Mother with the right to watch the Child any time he has to work, rather than placing the child with third party care givers, and to require the parties hereafter to comply with the terms and provisions of the November 7, 2000 Order of Court until further Order of Court entered as the result of the hearing scheduled in this matter for May 24, 2002. Respectfully submitted, , ESQUIRE Road Hi ,PA 17011 Phone: (717) 737 - 0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff ( - 6 - i'~~-' ' ,I ...... ....._~ ....~~l..._'.-J'",;ill~;tl;i':,' .' 3.7.02. Kim L. Wright. petition for Emergency Relief ~ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J<,~ ~ "1., <.. .~' KIM L. WRIGHT '.""~ - ~ ~. ~""'llilili" " 3.7.02. Kim L. Wright. Petition for Emergency Relief CERTIFICATE OF SERVICE AND NOW, this I~day of -J~[Y\W_A..~--^ ,2002, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document upon the following named person, by mailing the same by first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Respectfully submitted, CLIFF, ESQUIR Trin le Road , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID# 32112 - 8 - 1 3.7.02. Kim L. Wright. petition for Emergency Relief EXHIBIT "A" 11/7/00 CUSTODY ORDER ~ "~'~*i~~ -, r("", , pAvID L'; WRIGHT, Plaintiff .{ . . IN THE COURT OF ON PLEAS OF CUMBERLAND CCUNTY , PENNSYLVANIA . . : vs. : NO. 00-6799 CIVI TEPM : KIM L. WRIGHT, Defendant : CIVIL ACTION - LAW IN CUSTODY . . OODER OF CXXlRT ']+.h upon consideration of the attached ordered and directed as follows: AND 1!ilCIi, this day of , 2000, Custody Conciliation Report, it is 1. The Father, David L. Wright, and the Mother, Kim . Wright, shall have shared legal custody of Jessica Lynn Wright, born No r 13, 1992. Each parent shall have an equal right, to be exercised j intly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and ~'eligion. 2. Until such time as the Father relocates his r sidence to the Middletown area, where the Mother resides, the custody angements set forth in this Court's Order dated October 24, 2000 sha 1 continue in effect. 3. At such time as the Father relocates his re idence to the Middletown area, the parties shall share having physical tOdy of the Child on an alternating weekly basis with the exchange of tody to take place on Fridays. When the Father is receiving custody f the Child on Friday, he shall pick up the Child at 6:00 p.m. at the Moth r's residence. When the Mother is receiving custody of the Child on Fri y, the Child shall take-the bus from schcol to the Mother's residence, as usual. When the Father has to work during his period of custody and is unable to provide care for the Child, the Father shall fi st contact the Mother to offer her the opportunity to' provide care for e Child before contacting third party caregivers., The parties shall cooperate in determining whether it is appropriate for the Child to att nd certain car shows and in making arrangements for care of the Child ing car shows when the Father has custOdy of the Child. 4. The parties shall share or alternate having cust' of the Child on holidays as follows: A. CBRISTMAS: The Christmas holid<lY shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon - J ~",~"" ~" -~~. ~--'~7 ~ , . ref ~"........np""';z:~:-r-:~~~;"::iii-'~::-~:_.__._ ~ ,',.."..,--"'-'.,.....".",..."""'.- "'..'.,.""_.~~~~,"'~ ""'f,,","-"""'-<'r::n::"dI'llll'~~ L,~~ 3: This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CDURT, 151 ,/ H~ d. -1/. ^^ J Kevi::ff: ~ess, - J. cc: Robert L. O'Brien, Esquire - Counsel for Father Joan Carey, Esquire - counsel for Mother . ~ TRUE COpy FROM RECORD In Testimony whueof, I here unto set my handl and the seal of sai Court 'Ak' t rli~le, Pa. ' t. .--2...... f, ;'1": ~I, . .... . .,W.la~..u, . ''',' \ . .. ,.;':-;--....... ""j'"' I , Prothonotary 3.7.02. Kim L. Wright. Petition for Emergency Relief EXHIBIT "B" 3/5/02 CUSTODY HEARING ORDER ~I .1-" KIM L. WRIGHT, Plaintiff v DAVID L. WRIGHT, Defendant ~" "W'nii\-~'~, MAR 0 1 2002 l,!-. . ,. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW' NO. 00 - 7982 CIVIL IN CUSTODY COURT ORDER f0a..rch AND NOW, this ~~__ day of ~ill3mllry, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as foIl s: A hearing islscheduled i ourtr m No.4 ofthe Cumberland County Courthouse on the i!Ltbday of ,2002, at 93{) 110M. at which time testimony wi! be aken in the above case. At this hearing, the Father, David L. Wright, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a summary of each parties position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witnesses. This m~morandum shall be filed at least five (5) days prior to the mentioned hearing date. 1. 2. Pending further order of this court, the existing custody order shall remain in effect. cc: Robert L. O'Brien, Esquire Diane G. Radcliff, Esquire J. Ti{'Ii::-r'I"', ,,',' ' - ~;~'~'1 \,.I~iP'r -f\9,f':'~~<>1'. :'3f~l'l,:"".~~ In T(~""'~'; ~.,." . ~'''I..'..""..,,'-i 1~\.:r~'"",,::"~,'~\Iv , <>~1l!1'iJ(h'\Nn-:"r"Y.1IhA~,a r~'" _.~ Ir'd" . ' , ,'J, --I" Uol,U '8, my hand II " .ej or Said Cou i at Carlisle Pa ' 1111..,J In" I , .................. '" .... .Q:.,.,.B.., "4t' . .,....... . " .... ~ tnonotary' , "I I EXHIBIT "c" ATTORNEYS' COMMUNICATION REGARDING DAYCARE ISSUE ;:"~ =" ~~- *~, ~, DIANE G. RADCLIFF, ESQUIRE AUomey at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 February 27, 2002 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 VIA FAX: 249-5775 RE: Wright v. Wright Dear Rob: As you are aware, in the past my client has been providing the baby-sitting services before and after school for the parties' child due to the fact that the father worked and was not able to be with the child. This arrangement was in accordance with paragraph 3 of the Order dated November 7, 2001. I received a telephone call from my client on February 27, 2002, advising me that her husband has now made arrangements for the child to take the school bus after school to a sitter. He is also having the child watched by a third party in the morning. Additionally, he has refused to provide my client with a name or telephone number of the sitter. This arrangement is in direct contradiction to paragraph 3 of the November 7, 2001 Order, which still remains in effect. Please advise him that he must immediately permit my client to care for the child during his work hours and may not secure the services of a third party sitter to thwart the terms of the Order. If he does not comply with the terms of this letter I will file an immediate contempt action against him. Please contact me upon receipt of this letter so we may discuss this matter further. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/rzg cc: Kim L. Wright _'_' I L 1'"lU . .'~-""~ fL~',-,,'j 02/28/2002 15:57 7172495755 71 72495?~5 ( OBS LAW OFFICE" ( Law Offices PAGE III O'BRIEN, BARIC & SCHERER 17 West South Streel Carlisle, Pennsylvania 170 JJ Robert L O'Brien David A, Baric ~ichaelA,Scherer (717) 2-19-687 J Fax (7I7) 2-19-5755 E-mail: obs@obslaw.com zJ2$ JOZ- DATE: TO: TO: TO: TO: --=Ul~""'~ FROM: ~k ~)'M,\..~ RE: Number of pages to follow this transmittal page: IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIBLE PLEASE TELEPHONE: (717) 249-6873 IMPORTANT. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED. AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS NOT THE INiENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING. DISTRIBUTING OR COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, THANK YOU, Memo: ))~~': Obvlrv!lt.\:1--\c'S~\...~"lr~..e-'r 0\.... J~'+ s\...a..~~ ~ "'-\ ~ \- ~ +'''-"1 w A\-.. '1 fi"v-.-- - 'f \~Pt!..SL - Q se.e- -t-\...c. .e....-~,\~ \.....\~o...~ b'VI 'n.~ - -"I --\"t.,,~ \-\......('"' ~ \ \~" U"'I,....~........t+- I~ 'f\."~ <L ~~ ;,A,~ \ ~ .;......",,'- :'&i DIANE G, RADCLIFF, ESQUIRE AUomey at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 March 4, 2002 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 VIA FAX: 249-5755 RE: Wright v. Wright Dear Rob: I have recently spoken with my client pertaining to the babysitting of Jessica, both before and after school. It was her understanding from the e-mails sent back and forth between the parties that Mr. Wright would be providing the day care for the child and not a third party. Since it appears that he is unable to do so, she is willing to watch the child. Please advise your client of this change and confirm that he will provide her with custody of the child during the times he is at work and unable to provide said care. I assume that you will not have sufficient time in which to reach him and make these arrangements by today's date, being March 4, 2002, and therefore these arrangements will not take affect until tomorrow, March 5, 2002. I do require, however, that you confirm these arrangements with my office so that I may advise my client accordingly. Thank you for your attention in this matter. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/rzg cc: Kim Wright , , 'L~il 03/05/2002 13:49 71 7249575~., ( oBS LAW oFFI CE PAGE 01 Law Offices O'BRIEN, BARIC & SC.HKR/:;.K 17 West South Street Carlisle, Pennsylvania 17013 Robert L O'Brien David A. Baric NfichaelA Scherer (7/7) 149.6873 Fax (717) 249.5755 E-mail: obs(~1obslaw.com FAX COVER SHEET DATE:March 5. 2002 TO: Diane G. Radcliff, Esq. FAX NUMBER: 975-0697 FROM: Rob O'Brien RE: Child care PAGES FOLLOWING THIS SHEET: 0 Dear Diane: Your client set this new arrangement in motion. It is patently ridiculous for your client to think that Dave Wright could modify his work schedule to his daughter's school schedule. Her email was initiated by a vengeful motive. Further, my cfientintends to keep the current child care arrangements in place, accordingly please advise your client not to interfere with the current arrangement. Rob IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, PLEASE CALL (717) 249-6873 The information contained in this facsimile is transmitted by an attorney, It is privileged and confidential, intended only for the use of the individual or entity named above, If the reader of this message is not the intended recipient. you are hereby notified that any dissemination, distribution or copying Of the communication is strictly prohibited, If this communication has been received in error, please immediately notify us by telephone. collect if necessary, and return the original message to us at the above address via the United Swtes Postal Service (we will reimburse post"ge), Thank you. L . " "I 1- "'~~~ ,,~ ~"'"'~"- DIANE G. RADCLIFF, ESQUIRE AUomey lilt LlIlw 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 March 6, 2002 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 VIA FAX: 249-5755 RE: Wright v. Wright Dear Rob: I am in receipt of your fax dated March 5, 2002. I would like to remind you that the Court Order clearly indicates that before your client can have someone else watch the child, he must first offer the right for my client to care for the child. While she may have indicated in the past that she was not going to provide this service, she is indicating now that she is willing to do so. Therefore, if your client continues to refuse he is in violation of the Court Order. It seems to me that his actions are vengeful, as well as being a violation of the Court Order. I ask you to reconsider his position. If not we will file the appropriate contempt motion, or in the alternative, emergency order for further direction by the Court. I will anticipate hearing from you by tomorrow, March 7, 2002. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/rzg cc: Kim L. Wright (with enclosure) - !. ,~~,,'., . DIANE G. RADCLIFFl ESQUIRE AUomey at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 March 7, 2002 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 VIA FAX: 249-5755 RE: Wright v. Wright Dear Rob: In as much as you have not advised me that Mr. Wright is not willing to allow my client to watch the child when he is working, I have prepared the enclosed Petition for Emergency Relief which I intend on filing with the Court on or after March 11, 2002. In accordance with the local Rules of Court, I am providing you with a copy of this petition in advance of filing so you are aware of the action I intend to take. I would, therefore, request that you advise me whether or not your client is willing to consent to the relief requested in this Petition. If I do not hear from you by March 8, 2002, I will assume that your client continues to be unwilling to allow his wife to be with the child during his work hours, and will proceed with the filing of this petition advising the Court of his non-consent. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/rzg Enclosure Pe,titioll, ,fo"'Ei)\<o:r9~We"R,,,;lil,,;g cc: Kim L. Wright ...J..." "-~,>,, "-" "~~" HIIii~[.JM'n([ ,. ~~~,-=" "'~liil?lf!l ' """"'''',000, ,--,..;""",;"~-,~",.~~,..&.. .L,',"-,- M',_.../'71.",,"--'R ~__r "~ "-'" "',> - ~ ........ 9-J w () ~ 0'6Q.. ~ B () 8 ~ o~ J <"" - o ....!-.< . "~ - n'O" ' () c- r::..~,) .:- ,. "C<"~'" () ~1 . :~ ~.D ("~':? , ~"'} ;'~'~ :'~ ~:~5 ~~ -~ }':.,; :3..] -< :> : ,) h] " .,.t..-_"""fW~"".J ~'ri"~ -.l......... .1. ""t''lijll!~~'i''. DAVID L. WRIGHT Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- ~7~'1 CIVIL TERM IN CUSTODY Vs. KIM L. WRIGHT ANSWER TO PETITION FOR EMERGENCY RELIEF 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7 During the parties marriage the mother was well aware of the father's work, and the work scheduling that the father had. She knew that there was no opportunity for him to arrange his work schedule so that he could pick his daughter up after school. The mother precipitated this problem by suddenly e-mailing the father and informing him that she would no longer provide the care for the parties child during the weeks that she was with the father. On February 17, 2002 the mother e-mailed the father the following message: "Dave, as of February 25th when you have Jessica for your week you will be picking her up on the weeks you have her; bye". After receiving that message the father e-mailed the following response: "It's hard to understand you. Do you mean pick Jessica up from school on my weeks?". The mother responded bye-mailing the father the fOllowing: " You will have to pick her up on the weeks you have her from school, will that be a problem for you" . Copies of the e-mails are attached as exhibits. ='~~... .~~l I_.~ ~,J . ~- -""",~,,,,. 8. The father could not risk his daughter being left alone and so made arrangements to pay for child care for his daughter after school until such time as he could drive and pick her up. The father envisions that the mother would call him at work and say that she was not going to pick Jessica up on any particularly day thereby requiring him to drop his duties at work to rush over and pick Jessica up at school. The father does not wish to expose himself to the risk of the loss of employment and more importantly, the risk of his daughter being unattended. 9. The child enjoys the child care arrangements that the father has arranged for her and she is not distraught or emotionally upset with the arrangements. 1 O. Due to the uncertainty generated by the mother's statement of March 17th, the father has reason to believe that the mother will call and say that she will not provide care for the child on any particular day or week. 11 -13. The father has made adequate care for his daughter and does not want the mother to interfere with those arrangements and desires for the safety and security of his daughter. He wishes that the child remain with the child care arrangements that the father has put in place due to the mothers decision that she would not provided that care. WHEREFORE, father respectfully requests that the mothers petition be dismissed and that the prior court order be modified, that only when he needs child care during the hours he is not at work, that he would contact the mother to see if she is available to provide the care. Date:~ Respectfully submitted, 'I<D~ ~ . Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 'i!i!ls.~ ~. ,I --'_~r;r - ~~I ,~~ - ~ '1"'ll!Il',,'"'"'''''''''' ~ ~'O- - -.- jess 2/17/02 8:20:57 PM Eastern Standard Time KssLeather DLWRIGHT55 dave, as of february 25th when you have jessica for your week you will be picking her up on the weeks you have her ;bye Sunday, February 17,2002 America Online: DL WRIGHT55 ~___"",l" ~~ - Subj: . Date: 'From: To: -I ~.;I , .~- '- " 'L.. ;;""~""""''';;- Re: jess 2/17/029:31:04 PM Eastern Standard Time DLWRIGHT55 KssLeather It's hard to understand you. Do you mean pick Jessica up from school on my weeks? Sunday, February 17, 2002 America Online: DLWRIGHT55 - ~_"._.I ~/ Subj: Date: 'From: To: -. ~I ..t....LL..~~"" jess 2/18/021:24:24 PM Eastern Standard Time KssLeather DLWRIGHT55 you will have to pick her up on the weeks you have her .from school. will that be a problem for you; Monday, February 18, 2002 America Online: DL WRIGHT55 _~",,_,",.l-'~ "~- I, ~I , L' _" "c'~uilll_",,-""'Nl~'''''''''''' , I verify that the statements made in the foregoing Answer to Petition For Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CoSo Section 4904, relating to unsworn falsification to authorities. ~1//~4 Da d L. Wri Date: J - Z - 0 2- , ~Ii;", DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the petition for Emergency Relief and March 22, 2002 Order has been served upon the Defendant by Facsimile Transmission and by Regular United States Mail, Postage Prepaid, on the 29th day of March, 2002. The transmittal letter for said faxing and mailing is attached hereto, collectively marked Exhibit "A" and made a part hereof. Respectfully submitted, CLIFF, ESQUIRE e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant - 1 - ':,cy _-"fu",,",',~'- '_ , ,L""",J~"" ""'_""__c__",,J_,,,~_, EXHIBIT "A" - 2 - ~--I , h~_''''_ JIoi_I- -- . DIANE G. RADCLIFF, ESQUI~ F-ll'E Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 March 29, 2002 Robert L. O'Brien, Esquire 17 West South.Street Carlisle, PA 17013 RE: Wright v. Wright Dear Rob: I am enclosing with this letter a copy of the Petition for Emergency Relief together with the order entered on March 22, 2002. In accordance with the order you have seven (7) days in which to show cause why the relief requested in the Petition should not be granted. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/rzg Enclosure ~~~:~~i~~~~~i~~R~~~~~J~~~~~~,~~r~:~: Via Fax: 249-5755 and by Mail cc: Kim L. Wright EXHIBIT "A" -L,~ '", ~" "'" -" < ~--'illf&~ Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 FAX COVER SHEET TO FAX NUMBER: 249-5755 March 29, 2002 To: From: Client/Matter: Date: Robert L. O'Brien, Esquire Diane G. Radcliff, Esquire Wright March 29, 2002 Cover Sheet 1 1 1 20 23 March 29, 2002 letter March 22, 2002 Order Petition for Emergency Relief Total Pages ADDITIONAL COMMENTS: Original will follow by US Mail. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (717) 737-0100 The information contained in this facsimile message is information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other reader of the facsimile is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notifY us by telephone and return the original message to us at the above address via Us. Postal Service. ';I"' ,~ - -.. ~~ I - -,'"' ~~"'jm'" MESSAGE CONFIRMATION 03/29/02 11 : 09 ID=DIANE G RADCLIFF DATE S,R-TIME DISTANT STATION ID, MODE PAGES RESULT 03/29 12'20" 7172495755 CALLING 23 OK 0000 03/29/02 10:54 DIANE G RADCLIFF ~ 2495755 NO.064 [;l01 Diane G. Radcliff, Esquire 3448 Trind1e Road Camp Hill, PA 17011 Phone; (717)737-0100 Fax: (717) 975-0697 FAX COVER SHEET TO FAX NUMBER: 249-5755 March 29, 2002 To: From: ClientJMatter: Date: Robert L. O'Brien, Esquire Diane G. Radclift~ Esquire Wright March 29, 2002 I MESSACE OR COMMENTS .n. ..' .,' '. , . "\C',,::,.,' . j I ENCLOSURES :.,;..',:"....: "''',':'''; ,.;'.'.:...... . . ,. ., , " ,., . ..:....:,'...' n '.' ..:"';'.'.,'.'. ,"":.'. . ')'i" I NO. OF:PAGES* I .<'," ,.1 _c,,__, ,; ..:"0- __ <,__ ~,_ ",I,,; DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-6799 CIVIL TERM KIM L. WRIGHT, Defendant IN CUSTODY IN RE: MODIFICATIONS TO PRIOR ORDER ORDER OF COURT AND NOW, this 30th day of May, 2002, upon agreement of the parties as announced in open court and in their presence, the order of November 7, 2000, is modified as follows: 1. Paragraph 3 of the November 7, 2000, order is modified to delete the reference that the shared physical custody will commence once father relocates his residence to the Middletown area since he has already relocated. 2. The second paragraph of paragraph 3 of the order is deleted to the extent it requires father to first contact mother before securing alternative baby-sitting arrangements. Father shall be free to provide those third party arrangements without first providing mother with that opportunity. 3. The second paragraph of paragraph 3 of the order is also modified to indicate that the child shall have the right to determine whether or not she attends any car shows or all of them, and will have such determination made by communication directly between father and child. 4. B of the order pertaining to Thanksgiving shall be modified to reflect that the Thanksgiving Holiday is going to be divided into two segments. Segment A shall be the period of time from Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 5:00 p.m. Segment B shall be from ~ .?~,~-~, ',,~ ""~,,c-, 'T ^i.;Iriij - ., -,- ., -~..^ ii, ',; I . )T/\RY n'? ~~U\.~~l' :1 '~h_ . '." P;-l i; ~~ 1 ,", ':" , ", r"'~i\ \\.IC"I,' (':'U"/d"""'--:' C', .:' , \ r.....'-'.' v I~.,~)~-'"'' ""-; ~- \I PENNSYL'/l'~,l\ , .lM_ N,~ '",,~ ''"'" h. "'~"~~ "","",-,r ,~~!w.01I!'~lIl'ffi'l'l!!!Il'l'~'~,~l1'H'.N\ii~g;~~:!J$I!Jl!!ll~Wl~~~flI!JjIWr,~ i"', ;:". ~'. ,n t'"' "",,', ' I......... -- ~"' -" '" ',;, ." ',,,~ "'d .. ~" Thanksgiving Day at 5:00 p.m. through the Friday after Thanksgiving at 6:00 p.m. In even numbered years mother shall have segment A and father shall have segment B. In odd numbered years father shall have segment A and mother shall have segment B. 5. The parties shall participate in counseling to assist them with improving communications and dealing with other parenting issues. The counselor shall be selected upon mutual agreement of the parties, considering any restrictions or conditions contained in father's insurance. The counseling selection shall be made within 30 days of the date of this order, and arrangements for the first appointment shall be made as soon thereafter as can be done in cooperation with the counselor. By the Court, o//,d Hess, J. Robert O'Brien, Esquire For the Plaintiff Diane Radcliff, Esquire For the Defendant :mae o _ . _'.0_..1. SJ31/0:Lo Cor,.A) ~ A'~,