The URL can be used to link to this page

Home My WebLink About03-3113 Todd A. Lawrence, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Wendy Prichard, Defendant NO. 03- 3113 CIVIL TERM CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Todd A. Lawrence, an adult individual whose residence is at 849 Hamilton, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Wendy Prichard, an adult individual whose residence is at 154 Oak Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of a child, Hannyh Suellen Lawrence, born February 19 2000, and who until recently resided with the plaintiff; it is believed that the child is currently residing with the Defendant at 154 Oak Road, Carlisle, Pennsylvania 17013. 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant who resides at 154 Oak Road, Carlisle, Pennsylvania 17013. 6. Since the child's birth, the child has resided at the following addresses: Name Address Dates Todd A. Lawrence 849 Hamilton St.,Carlisle, PA 5/ 1/ 2003 - 6/ 16/ 2003 Todd A. Lawrence 36 Watson Drive, Carlisle, PA 12/1/ 2002 - 5/ 1/ 2003 Todd A, Lawrence 34 Betty Nelson Court, Carlisle, PA 12/ 1/ 2001 - 12/1/2002 Todd A. Lawrence 225 Main Street, McSherrytown PA, Birth - 12/1/2001 7. The relationship of the Plaintiff to the child is that of natural father. 8. The relationship of the Defendant to the child is that of natural mother. 9. Mother of the child, Wendy Prichard, is not married. 10. Father of the child, Todd A. Lawrence, is not married. 11. It is unknown with whom the defendant currently resides. 12. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. The 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The father has been the primary care giver of the miner child since birth. He has: L planned and prepared meals; ii. bathed, groomed and dressed the child; iii. purchased, cleaned and cared for the child's clothing; iv. arranged medical care, including trips to the physicians; V. put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the father. c. The mother has not provided a stable residence for the child. d. The father is able to provide a stable environment for the child. e. Mother: i. verbally abuses the child with profanity; ii. mother is neglectful toward the child and fails to prepare food for the child; iii. mother fails to care for the child's hygiene; iv. the child has been discovered with stained diapers that have been on the child for a unreasonable period of time; V. mother also drinks alcoholic beverages three to four nights a week to the point to becoming inebriated at which time she is unable to care for the needs of the child; vi. mother sleeps with men in the presence and view of her children; vii. mother has admitted using cocaine/marijuana and it believe that she continues to abuse drugs. 16. 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. WHEREFORE, Plaintiff requests your Honorable Court provide primary physical and legal custody of the child to the Plaintiff/father. Respectfully Submitted TURO LAW OFFICES 7,6'l 3 >I: Date alen R. Waltz, Es, 28 South Pitt Strelo Carlisle, PA 17013 {717} 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Todd A. Lawrence CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint For Custody upon Wendy Prichard, by depositing same in the United States Mail, first class, postage pre-paid on the 6/ day of 3 2003, from Carlisle, Pennsylvania, addressed as follows: Wendy Prichard 154 Oak Road Carlisle, PA 17013 TURO LAW OFFICES en R. WaFO1 28 South PitCarlisle, PA (717) 2 45-9688 Attorney for Plaintiff ?. ?? ? ?, ?. ?? ?, C? ? \ ? ?? ? ?t ? ?? ?? a? 1_j C7 < J ? a ^t ,' I ? u _ ;, i-? N ? z- ?: TODD A. LAWRENCE IN THE COURT OF COMMON PLEAS OF PLAE* TIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY PRICHARD DEFENDANT • 03-3113 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 07, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 01, 2003 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. c Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-31166 gp ;E ht? L_ `It\C ? l? ? Al1G 03 TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2003-3113 CIVIL TERM WENDY PRICHARD, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this J day of 2003, upon consideration of the attached Custody Conciliat n Report it is ordered and directed as follows: 1. The Father, Todd A. Lawrence, and the Mother, Wendy Prichard, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. The parents shall share physical custody of the Child on the following 4/3 day schedule: A. Beginning Tuesday August 5, 2003 at 5:00 p.m., Father shall have physical custody of the Child for four overnights until Saturday at 5:00 p.m. and alternating weekly thereafter. B. On the next week and alternating thereafter, Father shall have custody of the Child on Tuesday from 5:00 p.m. to Friday at 10:00 a.m. C. Mother shall have physical custody of the Child at times alternating with Father. 3. Thanksgiving shall be alternated from year to year with Mother having physical custody of the Child in odd numbered years and Father having physical custody in even numbered years. The time shall be from 9:00 a.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day from 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in every numbered years and Block B in odd numbered years. 5. The parties shall share or alternate the Easter, Memorial Day, July 0 and Labor Day as agreed. 6. Mother's Day/Father's Day. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall always keep the other informed of their current address and telephone number. 8. Beginning in 2004 and continuing thereafter, each party shall be entitled to physical custody for one uninterrupted week during the year. One week is hereby defined at seven (7) consecutive days. This week shall never occur to include the aforementioned Christmas holiday schedule. In the event that the parties take the Child out of the jurisdiction of York or Cumberland Counties, they must provide the non- custodial parent with an address and telephone number where they may be reached. 9. Transportation shall be shared such that the exchange shall be at the craft store at the intersection of Routes 174 and 74 in Cumberland County. 10. Neither party will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. 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. J. cc ra,* Waltz, Esquire, counsel for Father ?d6an Carey, Esquire, Mid Penn Legal Services, Counsel for Mother J F? . n. r,? ? ? ? ln?''l?1 ?'J:?? ?,y7? ? `' /.? AUG 0 4 2003 TODD A. LAWRENCE, Plaintiff V. WENDY PRICHARD, Defendant : IN CUSTODY PRIOR JUDGE: None 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 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-3113 CIVIL TERM : CIVIL ACTION - LAW litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannyh Suellen Lawrence February 19, 2001 Mother 2. A Conciliation Conference was held in this matter on August 1, 2003, with the following in attendance: The Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire and the Mother, Wendy Prichard, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. The parties agreed to an Order in the form as attached. Date lqine M. Verney, Esquire Custody Conciliator WENDY NICKEY, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2003-3113 TODD A. LAWRENCE, CIVIL ACTION - LAW Respondent IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Wendy Nickey, who resides at 2E Main Street, Plainfield, Cumberland County, Pennsylvania 17081 2. Respondent is Todd Lawrence, who resides at 63 Coppenhaffer Dr., York, Pennsylvania 17404 3. On August 5, 2003, the Honorable Edward Guido entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: Due to Father's recent actions and attitude, the August 5, 2003 Order has become unworkable. 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: (a) Primary physical custody with Mother; (b) Reasonable notice for changes in transfer times; (c) The exchange place be changed to the State Police Station, Carlisle Barracks, Commerce Ave., Carlisle, PA; (d) Mother will be notified as to the whereabouts of child if not in the care of Father. Date: ? U - Zb Q Respectfully, submitted, IROMMIINGER & LEY y --, Mark F. Bayley, Esq 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Petitioner WENDY NICKEY, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2003-3113 TODD A. LAWRENCE, CIVIL ACTION -LAW Respondent IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Wendy Nic, y , laintiff Date: AUG 0 03 TODD A. LAWRENCE, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 2003-3113 CIVIL, TERM WENDY PRICHARD, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this S*' day of consideration of the attached Custody Conc 2003, follows: iliati n Report, it is ordered and diie ted as 1. The Father, Todd A. Lawrence, and the Mother, Wendy Prichard, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. The parents shall share physical custody of the Child on the following 4/3 day schedule: A. Beginning Tuesday August 5, 2003 at 5:00 p.m., Father shall have physical custody of the Child for four overnights until Saturday at 5:00 P.m. and alternating weekly thereafter. B. On the next week and alternating thereafter, Father shall have custody of the Child on Tuesday from 5:00 p.m. to Friday at 10:00 a.m. C. Mother shall have physical custody of the Child at times alternating with Father. 3. Thanksgiving shall be alternated from year to year with Mother having physical custody of the Child in odd numbered years and Father having physical custody in even numbered years. The time shall be from 9:00 a.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day from 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 5. The parties shall share or alternate the Easter, Memorial Day, July 4`s and Labor Day as agreed. 6. Mother's Day/Father's Day. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall always keep the other informed of their current address and telephone number. 8. Beginning in 2004 and continuing thereafter, each party shall be entitled to physical custody for one uninterrupted week during the year. One week is hereby defined at seven (7) consecutive days. This week shall never occur to include the aforementioned Christmas holiday schedule. In the event that the parties take the Child out of the jurisdiction of York or Cumberland Counties, they must provide the non- custodial parent with an address and telephone number where they may be reached. 9. Transportation shall be shared such that the exchange shall be at the craft i store at the intersection of Routes 174 and 74 in Cumberland County. 10. Neither party will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. 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. J. cc: Galen Waltz, Esquire, counsel for Father Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother TRUE COPY In Testimony whereof, and/?he seal of said ?Cc T11Jy... ....... Oil(/ FROM RECORD I here unto set my hand muyt_qLCarlisle, Pa. A AUG 0 4 2003 TODD A. LAWRENCE, Plaintiff V. WENDY PRICHARD, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-3113 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Hannyh Suellen Lawrence February 19, 2001 Mother 2. A Conciliation Conference was held in this matter on August 1, 2003, with the following in attendance: The Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire and the Mother, Wendy Prichard, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached Date cq ine M. Verney, Esquire Custody Conciliator r ? y '?) . : _ % ttl WENDY NICKEY PLAINTIFF V. TODD A. LAWRENCE DEFENDANT AND NOW, it is hereby directed that parties at 4th Floor, Cumberland for a Pre-Hearing Custody Con if this cannot be accomplished, order. All children age five or provide grounds for entry of a The court hereby dire Special Relief orders, and CThe Court of C, with Disabilities Act of IS available to disabled indi, must be made at least 72 conference or hearing. YOU SHOULI HAVE AN ATTORNEY FORTH BELOW TO FIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3113 CIVIL. ACTION LAW IN CUSTODY ORDER OF COURT October 24, 2003 , upon consideration of the attached Complaint, and their respective counsel appear before Jacqueline M. Verney, Esq. , the con, ounty Courthouse, Carlisle on Monday, November 24, 2003 at 10:30 erence. At such conference, an effort will be made to resolve the issues in dispu to define and narrow the issues to be heard by the court, and to enter into a temp, flder may also be present at the conference. Failure to appear at the conference r :mporary or permanent order. is the parties to furnish any and all existing Protection from Abuse orders, orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ lacaueline M Verney, Esq. L -- Custody Conciliator .on Pleas of Cumberland County is required by law to comply with the Amc For information about accessible facilities and reasonable accommodations rls having business before the court, please contact our office. All arrangen s prior to any hearing or business before the court. You must attend the seb TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT )R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET D OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 or kNt)Mr.r? tYJ ge:llwv LZl?O?p DEC U 3 2003 v WENDY (PRICHARD) NICKEY, : IN THE COURT OF COMMON PLEAS OF Defendant/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-3113 CIVIL TERM TODD A. LAWRENCE, : CIVIL ACTION - LAW Plaintiff/Respondent IN CUSTODY ORDER OF COURT AND NOW, this `( #^ day of boqpv? 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2003 shall remain in full force and effect with the following modification deleting Paragraph 9 in its entirety and replacing it with the following: 2. Transportation shall be shared such that the exchange shall be at the Carroll Township Police Department. 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. Either party may request another Conciliation Conference within ninety days of this Order by contacting the Conciliator. J. cc;kark F. Bayley, Esquire, Counsel for Mother Q ? -10alen Waltz, Esquire, Counsel for Father ' I 12- 5-63 WENDY (PRICHARD) NICKEY, : IN THE COURT OF COMMON PLEAS OF Defendant/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. TODD A. LAWRENCE, Plaintiff/Respondent IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this 2001-1708 CIVIL TERM CIVIL ACTION - LAW litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannyh Suellen Lawrence February 19, 2001 shared 2. A Conciliation Conference was held in this matter on December 2, 2003, with the following individuals in attendance: The Mother, Wendy Nickey, with her counsel, Mark F. Bayley, Esquire, and the Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 5, 2003, providing for shared legal and physical custody. Since that time, cross PFAs have been filed and criminal charges filed against each parent by the other parent. As a result of the criminal charges, District Justice Elder ordered the parties to attend mediation. The parties agree to continue this conference pending the outcome of mediation. 4. The parties agreed to entry of an Order in the form as attached. i - 3 n 3 l?1. U?-.,, Date I'icq line M. Verney, Esquire Custody Conciliator -Pvr ?? ? n II ?ju ? 7{IOUY TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : CIVIL ACTION - CUSTODY Respondent EMERGENCY PETITON FOR SPECIFIC RELIEF: AND NOW, comes Petitioner, Todd A. Lawrence, by and through his attorney Galen R. Waltz, Esquire and requests this Honorable Court to grant the following special relief: 1. A Custody Order was entered by this Honorable Court on August 5, 2003 regarding the Petitioner Todd A. Lawrence and Respondent Wendy (Prichard) Nickey. 2. Mother is believed to have used illegal drugs within the last three weeks and has admitted using cocaine on or about July 4, 2006. 3. Respondent is living with a known Cocaine addict and dealer. 4. As of October 13, 2006 Hannyh, the child, has been registered/enrolled with the North Eastern School District at the Learning Center in Mt. Wolfe, Pa. 5. On October 4, 2006 Mother received a Five Day Notice to Vacate Premises at her current address. (Exhibit "A"): 6. On October 17, 2006 Petitioner went to pick up the child at 5:00 p.m. from Respondent. Respondent did not show at the designated pick up place. 7. Petitioner contacted the East Berlin Police Department and filed a report against Respondent, alleging that she did not return the child to Petitioner at the designated place and time in accordance with the August 5, 2003 Custody Order. 8. Respondent told Petitioner that the August 5, 2003 Custody Order was three years old and that she was not going to abide by the Order. 9. Petitioner has net seen or heard from the child since October 17, 2006. 10. Petitioner is concerned for the safety and well being of his child. 11. On October 24, 2006 a Petition for Contempt was filed at the above captioned Docket No. THEREFORE, Petitioner respectfully requests this Honorable Court to direct the Respondent to return the child to the custody of the Petitioner and further Order a Temporary Custody Order granting Petitioner primary physical custody of the child. Respectfully Submitted /0 /'-p '/ /P & Date TURO LAW OFFICES Galen R. Waltz, E ire 28 South Pitt St Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Emergency Petition for Specific Relief 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. Oct Date Todd A. Lawrence OCT-12-2006 07:36 Phi STAPLES 717630233$ P.02 S D A Y S Of') Nr? -rtls ,Lid fort*nt. xri pos3As;sjon. Address- Apartment N,• County Of State ne City of You are hereby nctified to deliver posmession of premises to butter/Agerit. within days after receiving this natica. Notice served bo 7er)anb on 6% CL(,-v- by: 0,40 placing. in TenanL` i s hand, ) Postilig on Tenant's front door. I A -I' E Witinas C1Nner/Agssnt; -- - r L) QC-, Distriot ,lustf ce MPPRICN? M AgM RAMAEF-49T ODAPANT-01191 CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition for Specific Relief, by certified, return receipt request, on the ..:? i '` ay of dcAo-6t-,v- 2006, from Carlisle, Pennsylvania, addressed as follows: Wendy (Prichard) Nickey 327 Lumber Street Littlestown, PA 17340 TURO LAW OFFICES Galen R. Waltz, Es re 28 South Pitt Strdff Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 '7, -4 0 8 C }r r-..7 rs C'? Cx'+ 73 r?I TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : CIVIL ACTION - CUSTODY Respondent PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Todd A. Lawrence, by and through his attorney, Galen R. Waltz, who brings this petition for contempt and avers as follows: 1. This Honorable Court entered a Custody Order on August 5, 2003. Attached as Exhibit "A" and incorporated herein as if fully set forth. 2. Specifically at sub-paragraph 2 of the August 5, 2003 order, it states, that Petitioner is to have custody of the child on Tuesdays at 5:00 p.m. until Saturday at 5:00 p.m. 3. On Tuesday, October 17, 2006 Respondent refused to return and did not return the child to the custody of Petitioner. 4. Respondent has told Petitioner that the August 5, 2004 Order is three years old and that she will no longer abide by the terms of the Custody Order. 5. Respondent knowingly and intentionally continues to defy the Court's August 5, 2003 Custody Order by refusing to return the child to the Petitioner pursuant to the August 5, 2003 order. 6. On October 24, 2006 a Petition for Specific Relief was filed at the above captioned Docket No. WHEREFORE, Petitioner respectfully requests that this Honorable Court find Mother in contempt of the August 5, 2003 order and direct her to pay all reasonable costs and attorney fees relative to this petition. Respectfully submitted, Dated: 1 U I U L"dW VTflCeS 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition for Contempt 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. C)J ;70k Date Todd A. Lawrence AUG %,103 TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2003-3113 CIVIL TERM WENDY PRICHARD, : CIVIL. ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ? day of k , 2003, upon consideration of the attached Custody Conciliate n Report, it is ordered and directed as follows: 1. The Father, Todd A. Lawrence, and the Mother, Wendy Prichard, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. The parents shall share physical custody of the Child on the following 4/3 day schedule: A. Beginning Tuesday August 5, 2003 at 5:00 p.m., Father shall have physical custody of the Child for four overnights until Saturday at 5:00 p.m. and alternating weekly thereafter. B. On the next week and alternating thereafter, Father shall have custody of the Child on Tuesday from 5:00 p.m. to Friday at 10:00 a.m. C. Mother shall have physical custody of the Child at times alternating witi'1 Father. 3. Thanksgiving shall be alternated from year to year with Mother having physical custody of the Child in odd numbered years and Father having physical custody in even numbered years. The time shall be from 9:00 a.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day from 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 5. The parties shall share or alternate the Easter, Memorial Day, July 4th and Labor Day as agreed. 6. Mother's Day/Father's Day. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall always keep the other informed of their current address and telephone number. 8. Beginning in 2004 and continuing thereafter, each party shall be entitled to physical custody for one uninterrupted week during the year. One week is hereby defined at seven (7) consecutive days. This week shall never occur to include the aforementioned Christmas holiday schedule. In the event that the parties take the Child out of the jurisdiction of York or Cumberland Counties, they must provide the non- custodial parent with an address and telephone number where they may be reached. 9. Transportation shall be shared such that the exchange shall be at the craft store at the intersection of Routes 174 and 74 in Cumberland County. 10. Neither party will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. 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. I cc: Galen Waltz, Esquire, counsel for Father Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother Cc? TRUE COPY FROM RECORD In Testimony whereof, I here Lento set rn.y hand and he seal of said oo t Carlisle, Pa. T:.......d; .a _. , proth notary, CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition For Contempt, by depositing same in the United States Mail, first class, postage pre-paid on the day of 6?hiv? , 2006, from Carlisle, Pennsylvania, addressed as follows: Wendy (Prichard) Nickey 327 Lumber Street Littlestown, PA 17340 TURO LAW OFFICES en R. Waltz, ire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 R%--. J -? ` D Y1 ? Y • I i TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : CIVIL ACTION - CUSTODY Respondent ORDER OF COURT AND NOW, this 3 D day of Q CA CC ' , 2006, upon receipt and review of the Emergency Petition for Specific Relief, a hearing i/s? scheduled on the IT'— day of , 2006 at o2.30 7 m. in Courtroom No. --5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, DATE: Cc: ,/alen R. Waltz, Esquire Attorney for Petitioner aJ endy Nickey, Respondent J o r.•i f^., ?- ? • E r"ef" "t S : I f WI 1 130 90oz TODD A, LAWRENCE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3113 CIVIL ACTION LAW WENDY (PRICHARD) NICKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 07, 2006 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 the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac uelrne M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?? :u I i I J C,- Al',? 1, i uN4 -Hi 20 _? I.- I • • L r r f 1 ! TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : CIVIL ACTION - CUSTODY Defendant MODIFICATION OF CUSTODY 1. Plaintiff is Todd A. Lawrence, an adult individual whose residence is at 63 Copenhaffer Road, York, York County, Pennsylvania. 2. Defendant is Wendy (Prichard) Nickey, an adult individual whose residence is 327 Lumber Street, Littlestown, Adams County, Pennsylvania. 3. Plaintiff seeks primary physical custody of his child Hannyh Suellen Lawrence, born February 19, 2001. 4. The child is presently in the primary physical custody during the week with the defendant and partial physical custody every weekend with the plaintiff per Judge Ebert's 11/09/06 Temporary Order. 5. The child has lived at the following addresses: Name Address Dates Hannyh Suellen Lawrence 63 Copenhaffer Drive June 2003 - present York, PA 849 Hamilton Street May 2003 - June 2003 Carlisle, PA 17013 36 Watson Drive Dec 2002 - May 2003 Carlisle, PA 34 Betty Nelson Court Dec 2001 - Dec 2002 Carlisle, PA 225 Main Street Birth - Dec 2004 McSherrytown, PA 6. The relationship of the plaintiff to the child is that of natural father. 7. The relationship of the defendant to the child is that of natural mother. 8. The Plaintiff filed a Complaint for Custody in the Court of Common Pleas Cumberland Count on July 1, 2003. Docket # 03-3113 (Exhibit "A"). r r 9. An Order of Court was issued on August 5, 2003 granting the Plaintiff shared legal and physical custody of the child (Exhibit "B"). 10. The Defendant filed a Petition to Modify Custody on October 3, 2003 in the Court of Common Pleas Cumberland County (Exhibit "C"). 11. The Honorable Judge Edward E. Guido issued an Order of Court on December 4, 2003 modifying the August 5, 2003 Custody Order, specifically paragraph 9, stating that transportation shall be shared and that the exchange point for the child would be at the Carroll Township Police Department. (Exhibit "D"). 12. The plaintiff filed an Emergency Petition for Specific Relief on October 24, 2006 at above captioned docket number and on November 9, 2006 after a hearing thereon, the Honorable Judge Ebert issued a Temporary Custody Order pending a previously scheduled conciliation conference on Tuesday, December 12, 2006 at 10:30a.m. before Jacqueline Verney, Esquire. 13. The plaintiff filed a Petition for Contempt against the defendant on October 24, 2006 and a conciliation conference thereto has been scheduled before Jacqueline Verney for Tuesday, December 12, 2006 at 10:30a.m. 14. Mother has resided in five different locations over the past three years and has relocated seven times within the past five and one-half years. 15. Mother is believed to have used illegal drugs within the last six weeks and has admitted using cocaine on or about July 4, 2006. 16. On November 9, 2006 at the hearing before Honorable Judge Ebert, defendant agreed to submit to a hair sample drug test. 17. As of October 13, 2006 Hannyh, the child, has been registered/enrolled with the North Eastern School District at the Learning Center in Mt. Wolfe, Pa; although the child has not attended this school. 18. On October 4. 2006 Mother received a Five Day Notice to Vacate Premises at her current address. 19. It is believed, therefore it is averred, that the child does not receive proper nutrition/nourishment while in mother's care and custody. 20. On November 9, 2006 before the Honorable Judge Ebert the defendant admitted that she is unemployed and relies mainly on child support for her children. 21. The defendant has an unstable lifestyle which serves to be detrimental to the child. 22. When the child returns to plaintiff's custody, the child is "clingy" and requires to be in the presence of the plaintiff at all times. 23. The child and father have a strong and positive bond. 24. No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff provides the stability and moral foundation necessary for the child. 26. 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. WHEREFORE, Wherefore, plaintiff requests your Honorable Court schedule a conciliation conference to coincide with the previously scheduled December 12, 2006 conference at 10:30a.m. before Jacqueline Verney and subsequently grant the plaintiffs requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant, and further directing that the child should attend Kindergarten in the North Eastern School District. Respectfully Submitted TURO LAW OFFICES Da Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff, Father VERIFICATION I verify that the statements made in the foregoing Modification of Custody 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. N 6b A /?- - Date Todd A. Lawrence • 01 Todd A. Lawrence, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03- CIVIL TERM Wendy Prichard, : CIVIL ACTION - CUSTODY Defendant ORDER Of COURT AND NOW, this day of , 2003, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2003, 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 the Conference may provide grounds for entry of a temporary or permanent order. FOR 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 al 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - 1011010-11W Todd A. Lawrence, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3/ CIVIL TERM Wendy Prichard, : CIVIL ACTION - CUSTOER- ' Defendant COMPLAINT FOR CUSTODY ?;r q r (__ 'rr 1. Plaintiff is Todd A. Lawrence, an adult individual whoscr-residence is at 849 Hamilton, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Wendy Prichard, an adult individual whose residence is at 154 Oak Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of a child, Hannyh Suellen Lawrence, born I February 19 2009', and who until recently resided with the plaintiff; it is believed that the child is currently residing with the Defendant at 154 Oak Road, Carlisle, Pennsylvania 17013. 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant who resides at 154 Oak Road, Carlisle, Pennsylvania 17013. 6. Since the child's birth, the child has resided at the following addresses: Name Address Dates Todd A. Lawrence 849 Hamilton St.,Carlisle, PA 5/ 1/ 2003 - 6/ 16/ 2003 Todd A. Lawrence 36 Watson Drive, Carlisle, PA 12/l/ 2002 - 5/ 1/ 2003 Todd A. Lawrence 34 Betty Nelson Court, Carlisle, PA 12/ 1/ 2001 - 12/1/2002 Todd A. Lawrence 225 Main Street, McSherrytown PA, Birth - 12/1/2001 7. The relationship of the Plaintiff to the child is that of natural father. 8. The relationship of the Defendant to the child is that of natural mother. 9. Mother of the child, Wendy Prichard, is not married. 10. Father of the child, Todd A. Lawrence, is not married. 11. It is unknown with whom the defendant currently resides. 12. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. . 14. The 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The father has been the primary care giver of the miner child since birth. He has: L planned and prepared meals; ii. bathed, groomed and dressed the child; iii. purchased, cleaned and cared for the child's clothing; iv. arranged medical care, including trips to the physicians; V. put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the father. c. The mother has not provided a stable residence for the child. d. The father is able to provide a stable environment for the child. e. Mother: L verbally abuses the child with profanity; ii. mother is neglectful toward the child and fails to prepare food for the child; iii. mother fails to care for the child's hygiene; iv. the child has been discovered with stained diapers that have been on the child for a unreasonable period of time; V. mother also drinks alcoholic beverages three to four nights a week to the point to becoming inebriated at which time she is unable to care for the needs of the child; vi. mother sleeps with men in the presence and view of her children; vii. mother has admitted using cocaine/marijuana and it is believe that she continues to abuse drugs. 16. 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. WHEREFORE, Plaintiff requests your Honorable Court provide primary physical and legal custody of the child to the Plaintiff/father. Respectfully Submitted TURO LAW OFFICES 0 Date glen R. Waltz, Esqu 28 South Pitt Stre?i Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ' r r VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. D to Todd A. Lawrence t CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint For Custody upon Wendy Prichard, by depositing same in the United States Mail, first class, postage pre-paid on the day of , 2003, from Carlisle, Pennsylvania, addressed as follows: Wendy Prichard 154 Oak Road Carlisle, PA 17013 TURO LAW OFFICES Garen R. Walfz, "rttl re28 South PittCarlisle, PA 013 (717) 245-9688 Attorney for Plaintiff ' V-003 At1G TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-3113 CIVIL TERM WENDY PRICHARD, : CIVIL. ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Custody Conciliate n Report, it is ordered and directed as follows: 1. The Father, Todd A. Lawrence, and the Mother, Wendy Prichard, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. The parents shall share physical custody of the Child on the following 4/3 day schedule: A. Beginning Tuesday August 5, 2003 at 5:00 p.m., Father shall have physical custody of the Child for four overnights until Saturday at 5:00 p.m. and alternating weekly thereafter. B. On the next week and alternating thereafter, Father shall have custody of the Child on Tuesday from 5:00 p.m. to Friday at 10:00 a.m. C. Mother shall have physical custody of the Child at times alternating with Father. 3. Thanksgiving shall be alternated from year to year with Mother having physical custody of the Child in odd numbered years and Father having physical custody in even numbered years. The time shall be from 9:00 a.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day from 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 5. The parties shall share or alternate the Easter, Memorial Day, July 4th and Labor Day as agreed. 11 8 // 6. Mother's Day/Father's Day. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall always keep the other informed of their current address and telephone number. 8. Beginning in 2004 and continuing thereafter, each party shall be entitled to physical custody for one uninterrupted week during the year. One week is hereby defined at seven (7) consecutive days. This week shall never occur to include the aforementioned Christmas holiday schedule. In the event that the parties take the Child out of the jurisdiction of York or Cumberland Counties, they must provide the non- custodial parent with an address and telephone number where they may be reached. 9. Transportation shall be shared such that the exchange shall be at the craft store at the intersection of Routes 174 and 74 in Cumberland County. 10. Neither party will do or say anything nor permit a third parry to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. 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. J. cc: Galen Waltz, Esquire, counsel for Father Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother TRUE COPY. FROM RECORD In Testimony wher f, ( here unto set my hand encte gal of said1Cayrt ariisle, Pa. TODD A. LAWRENCE, Plaintiff V. WENDY PRICHARD, Defendant PRIOR JUDGE: None AUG 0 4 200., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-3113 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Hannyh Suellen Lawrence February 19, 2001 Mother 2. A Conciliation Conference was held in this matter on August 1, 2003, with the following in attendance: The Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire and the Mother, Wendy Prichard, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. ?'l & Z'L?2' / Date cq ine M. Verney, Esquire Custody Conciliator I WENDY NICKEY, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vi. :NO: 2003-3113 TODD A. LAWRENCE, CIVIL ACTION -LAW Respondent IN CUSTODY ORDER OF COURT AND NOW, , 2003 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 , 2003, at o'clock, .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: 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 « r WENDY NICKEY, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2003-3113 TODD A. LAWRENCE, CIVIL ACTION -LAW t Respondent IN CUSTODY PETITION TO MODIFY CUSTODY ZI • s 1. Petitioner is Wendy Nickey, who resides at 2E Main Street, Plainfield, Cumberld County, Pennsylvania 17081 2. Respondent is Todd Lawrence, who resides at 63 Coppenhaffer Dr., York, Pennsylvania 17404 3. On August 5, 2003, the Honorable Edward Guido entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: Due to Father's recent actions and attitude, the August 5, 2003 Order has become unworkable. 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: (a) Primary physical custody with Mother; (b) Reasonable notice for changes in transfer times; (c) The exchange place be changed to the State Police Station, Carlisle Barracks, Commerce Ave., Carlisle, PA; (d) Mother will be notified as to the whereabouts of child if not in the care of Father. /' I z Date: I-) L? Respectfully submitted, ROMINGER & B YLEY Mark F. Bayley, Esqui-re'' 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Petitioner WENDY NICKEY, Petitioner V. TODD A. LAWRENCE, Respondent w w : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003-3113 CIVIL ACTION -LAW IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Wendy Nic y , laintiff ALTS 0 00 TODD A. LAWRENCE, Plaintiff V. WENDY PRICHARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2003-3113 CIVIL TERM CIVIC ACTION - LAW + IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Custody Conciliate n Report, it is ordered and directed as follows: 1. The Father, Todd A. Lawrence, and the Mother, Wendy Prichard, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. The parents shall share physical custody of the Child on the following 4/3 day schedule: A. Beginning Tuesday August 5, 2003 at 5:00 p.m., Father shall have physical custody of the Child for four overnights until Saturday at 5:00 p.m. and alternating weekly thereafter. B. On the next week and alternating thereafter, Father shall have custody of the Child on Tuesday from 5:00 p.m. to Friday at 10:00 a.m. C. Mother shall have physical custody of the Child at times alternating with Father. 3. Thanksgiving shall be alternated from year to year with Mother having physical custody of the Child in odd numbered years and Father having physical custody in even numbered years. The time shall be from 9:00 a.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day from 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 5. The parties shall share or alternate the Easter, Memorial Day, July 4`h and Labor Day as agreed. 6. Mother's Day/Father's Day. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall always keep the other informed of their current address and telephone number. 8. Beginning in 2004 and continuing thereafter, each party shall be entitled to physical custody for one uninterrupted week during the year. One week is hereby defined at seven (7) consecutive days. This week shall never occur to include the aforementioned Christmas holiday schedule. In the event that the parties take the Child out of the jurisdiction of York or Cumberland Counties, they must provide the non- custodial parent with an address and telephone number where they may be reached. 9. Transportation shall be shared such that`-1 Q. the exchange shall be at the craft store at the intersection of Routes 174 and 74 in Cumberland County. 10. Neither party will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. 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. J. cc: Galen Waltz, Esquire, counsel for Father Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother 'T'RUE Copy FROM RECORD In Testimony whereof, I here into set m.y hand. and he seal of said out Carlisle, Pa. T .... ........ d ...r :. Proth notary, Y TODD A. LAWRENCE, Plaintiff V. NV'ENDY PRICHARD, Defendant PRIOR JUDGE: None AUG d 4 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-3113 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Hannyh Suellen Lawrence February 19,.2001 Mother 2. A Conciliation Conference was held in this matter on August 1, 2003, with the following in attendance: The Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire and the Mother, Wendy Prichard, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. I --& 3 - ?' Date cq ine M. Verney, Esquire Custody Conciliator I WENDY (PRICHARD) NICKEY, : IN THE COURT OF COMMON PLEAS OF Defendant/Petitioner : CUMBERLAND COUNTY, PENNSYLVAI IA V. TODD A. LAWRENCE, Plaintiff/Respondent NO. 2003-3113 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 1 day of jVyy7. Aj , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2003 shall remain in full force and effect with the following modification deleting Paragraph 9 in its entirety and replacing it with the following: 2. Transportation shall be shared such that the exchange shall be at the Carroll Township Police Department. 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. Either party may request another Conciliation Conference within ninety days of this Order by contacting the Conciliator. BY THE COURT, 'niP J. cc: Mark F. Bayley, Esquire, Counsel for Mother Galen Waltz, Esquire, Counsel for Father Fet .,FtJ D ',-!ere l!'W:3 .:•1%r .ts,,..9 i. ....... .... a, ,I..... .< prr'_'gt4??P?ci CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Modification of Custody, by certified, return receipt request, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 43 day of 44 2006, from Carlisle, Pennsylvania, addressed as follows: Wendy (Prichard) Nickey 327 Lumber Street Littlestown, PA 17340 TURO LAW OFF Galen R. Waltz, Esqui 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 °t1 r-.7) L3 TODD A. LAWRENCE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3113 CIVIL ACTION LAW WENDY (PRICHARD) NICKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 16, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 12, 2006 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 may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: !s! ac ueline M. Verne 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 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 7/° ?? '"' '`mod ?D•/?•I/ 17 f, C,", 0fjI TODD A. LAWRENCE, Petitioner V. WENDY PRICHARD NICKEY, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 03-3113 CIVIL TERM CIVIL ACTION - LAW IN RE: PETITION FOR SPECIFIC RELIEF ORDER OF COURT AND NOW, this 9th day of November, 2006, after hearing on the Petitioner's Emergency Petition for Specific Relief, IT IS HEREBY ORDERED AND DIRECTED that primary physical custody of the child, Hannyh, will remain with Wendy Nickey during the weekdays. The father is specifically granted physical custody of the child each weekend from 1:00 p.m. on Friday until 6:00 p.m. on Sunday. The custody exchanges will continue to take place at Rutter's Market on Route 94. This Order will remain in effect pending the custody conciliation hearing scheduled to take place on December 12, 2006. By the Court, *4? -,k " \/ M. L. Ebert, Jr., G, Xalen Walz, Esquire For the Petitioner ,,W'endy Prichard Nickey 327 Lumber Street Littlestown, Pa. 17340 Respondent :mtf ce) Ca- .: ; ; ts. y. .. V DEC 14 20M ? TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-3113 CIVIL ACTION - LAW WENDY PRICHARD NICKEY, : Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of e,Ce.rnn? C.?( , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Oberland County Court House, on the day of _hyE _ , 2007, at ` .'30 o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The Order of Court of August 5, 2003 is hereby vacated. The Order of Court dated November 9, 2006 shall remain in full force and effect with the following additions and modifications. 3. The Father, Todd A. Lawrence and the Mother, Wendy Prichard Nickey, shall have shared legal custody of Hannyh Suellen Lawrence, born February 19, 2001. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. Father shall partial physical custody of the child every weekend from Friday at 4:00 p.m. to Sunday at 6:30 p.m. 5. Transportation shall be shared such that the parties shall exchange custody at the East Berlin Community Bank. 6. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr., J. cc: Galen Waltz, Esquire, counsel for Father Wendy Prichard Nickey, pro se ?° - ({?_Q C 1456 Carlisle Pikes Hanover, PA 17331 q }.+ J ???. ?? TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-3113 CIVIL ACTION - LAW WENDY PRICHARD NICKEY, : Defendant/Respondent : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. & M. L. Ebert, Jr., J. 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 Hannyh Suellen Lawrence February 19, 2001 Mother 2. A Conciliation Conference was held on December 12, 2006 with the following individuals in attendance: The Father, Todd A. Lawrence, with his counsel, Galen Waltz, Esquire, and the Mother, Wendy Prichard Nickey, pro se. 3. The Honorable Edward E. Guido previously entered an Order of Court dated August 5, 2003 providing for a shared legal and shared physical custody. Father filed a Petition for Specific Relief which was heard by the Honorable M.L. Ebert, Jr. who entered an Order of Court dated November 9, 2006 providing for mother to have primary physical custody with Father having partial physical custody every weekend, Friday to Sunday. Father filed for Modification and Contempt of the August 5, 2003. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having alternating weekends. Father maintains that Mother has relocated several times creating an unstable life for the child. She most recently moved one week after the November 9, 2006 hearing into another school district requiring the child to go to a different kindergarten. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. She suggests Father having three weekends per month and primary physical custody of the child in the summer. She asserts that the Order of August 5, 2003 was never followed. The parties by agreement went to a week on/week off arrangement and then agreed to Mother having primary physical custody once the child started school. Mother is a stay-at-home Mom and is available to care for the child before and after school. She regrets recently changing school districts, but said she did not have any other choice in locating a residence. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical with Father having partial physical custody every weekend. It is expected that the Hearing will require one-half day. /L?rz ol? Date acq ine M. Verney, Esquire Custody Conciliator TODD A. LAWRENCE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL WENDY PRICHARD NICKEY, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 7th day of March, 2007, the hearing that was scheduled for today shall be rescheduled due to the weather conditions, IT IS HEREBY ORDERED AND DIRECTED that the hearing will be held on Wednesday, May 2, 2007, at 9:30 a.m. IT IS FURTHER ORDERED AND DIRECTED that the Order of Court dated December 18, 2006 shall remain in full force and effect. By the Court, Xalen Waltz, Esquire Attorney for Plaintiff "endy Prichard Nickey Defendant 1456 Carlisle Pike Hanover, PA 17331 bas M. L. Ebert, Jr., J. so 00 :6 14 L- M LOGZ TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3113 CIVIL ACTION -LAW WENDY (PRICHARD) NICKEY, :IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Wendy (Pritchard) Nickey, in the above captioned case. submitted, J?s jta HMst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: '-/` t -' .U ?-- i + .w TODD A. LAWRENCE, Plaintiff V. WENDY (PRICHARD) NICKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Wendy (Pritchard) Nickey, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Date: " ` t -? - v 1-- Jesyci HolsA Esquire M dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 i r,x TODD A. LAWRENCE, Plaintiff, VS. WENDY (PRICHARD) NICKEY, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3113 CIVIL TERM : CUSTODY MOTION IN LIMINE TO PRECLUDE TESTIMONY Petitioner, Wendy Nickey, by and through her counsel, MidPenn Legal Services, states the following: 1. The above-captioned matter has been heard, and is currently scheduled for a custody hearing, before the Honorable M.L. Ebert. 2. This matter was originally scheduled for hearing on March 7, 2007, but due to weather conditions, was rescheduled for May 2, 2007. 3. By Order dated December 18, 2006, the parties were ordered to file Pre-Hearing Memoranda with the Court at least ten (10) days prior to the hearing date. 4. On March 2, 2007, five (5) days prior to hearing, Attorney Waltz filed a Pre-Hearing Memorandum on behalf of Plaintiff. 5. Upon accepting this case for representation, counsel for Defendant filed a Pre-Hearing Memorandum on April 23, 2007, ten (10) days prior to the May 2, 2007, hearing date. 6. On April 27, 2007, counsel for Defendant received an Amended Pre-Hearing Memorandum from Attorney Waltz on behalf of Plaintiff. According to the Amended Memorandum, Plaintiff wishes to call Michele Prince as a witness, alleging that she has been the minor child's counselor for "the last couple of months" and is an expert in the field of social work. 7. Defendant objects to the testimony of Plaintiff's proposed expert witnesses for the following reasons: a. Ms. Prince's testimony is offered without compliance with Pa.R.C.P. 1915.8(1). i. Ms. Prince's testimony is being offered to provide a conclusion that should only be made following an in-depth custody evaluation and should be presented in conjunction with a report of the evaluation process and how Ms. Prince reached her conclusions. ii. Pa.R.C.P. 1915.8(1) requires that any report upon which a party intends to rely be served upon the court and opposing party thirty (30) days prior to trial. iii. No such report has been provided to the undersigned counsel for Defendant. iv. In light of the fact that no report has been provided to counsel and there is no evidence that Ms. Prince has completed an in-depth custody evaluation it is requested that Ms. Prince be precluded from testifying. b. Ms. Prince's testimony was obtained in violation of the current Custody Order providing the parties with shared legal custody. i. The current Custody Order dated December 18, 2006, grants the parties shared legal custody in regard to the minor child. This allows the parties equal rights to make non-emergency decisions regarding the minor child, including decisions as to whether it is appropriate or necessary for the child to participate in counseling. ii. Plaintiff engaged Ms. Prince's services as a social worker for the minor child without consultation or consent of Defendant. iii. Ms. Prince's testimony regarding any therapeutic role she may have in regard to the minor child and any testimony offering conclusions about an appropriate custody order should be precluded. c. Ms. Prince's testimony is based solely on statements made by the minor child. Such statements are hearsay and should not be allowed except for the following reasons: i. Hearsay testimony from a minor child is addressed in 42 Pa.C.S. §5985.1 and is limited to situations wherein a child victim or witness, twelve years of age or younger, describes specific criminal offenses. ii. Even if the above statute was relevant in the instant matter, Plaintiff is required to file notice of the intent to present such hearsay statements and file a petition for an in camera hearing for the Court to determine that the child is "unavailable" to testify to her own statements. iii. No such petitions have been filed and the minor child will be available to speak to the Court at the time of hearing. As such, Ms. Prince's testimony regarding statements made by the child should be precluded. d. Ms. Prince is not qualified as an expert to present testimony on the conclusions and determinations asserted in the Pre-Hearing Memorandum and should not be permitted to testify as such. i. Ms. Prince's proposed testimony offers conclusions and testimony more appropriate to a determination following a custody evaluation, not based on several sessions between a counselor and the minor child. ii. There is no indication that Ms. Prince followed the standard procedures applicable to a custody evaluation in reaching the conclusions she intends to present at the hearing. iii. There is no indication in Ms. Prince's resume to suggest that she is qualified to make recommendations to the court regarding custody determinations. iv. If this Court wishes to hear from Ms. Prince, it should not be in the capacity of an expert witness and she should be precluded from testifying in regard to the ultimate conclusion the Court should reach regarding custody of the minor child. e. Plaintiff's Amended Pre-Hearing Memorandum asserts that Ms. Prince has been the child's social worker for "the last couple of months" suggesting that Plaintiff had knowledge of this information at the time of filing his original Pre- Hearing Memorandum on March 3, 2007. Despite that knowledge, Plaintiff chose to provide the information pertaining to a proposed "expert witness" to Defendant less than one week before hearing. 8. Defendant's counsel has attempted to reach Attorney Waltz to obtain his concurrence to the relief requested in this Motion and such concurrence was denied. WHEREFORE, Defendant respectfully requests that this Court preclude the proposed expert testimony from Michele Prince in regard to the custody interests of the minor child. Jessi a ?Iolsf,, Esquire Mi enn Legal Services 401 E. Louther Street Carlisle, PA 17013 TODD A. LAWRENCE, Plaintiff, VS. WENDY (PRICHARD) NICKEY, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3113 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL AND FACSIMILE I, Jessica Holst, do hereby swear that I served a Petition for Special Relief by first class mail and facsimile to: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 falsificatioi Date: 4 -,10 ' 0-3 na ? "t3 r w, ??R " fir . r-... ?.,., :... z C:7 17 co ;' G TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : Respondent : CIVIL ACTION - CUSTODY PLAINTIFF'S REPLY TO DEFENDANT'S MOTION IN LIMINE TO PRECLUDE TESTIMONY AND NOW comes the Plaintiff, Todd A. Lawrence, by and through his attorney, Galen R. Waltz, Esquire, and files the following Reply to Defendant's Motion In Limine to Preclude Testimony: 1. Admitted. 2. Denied. This matter was rescheduled because the Defendant requested a continuance at the last moment. Witnesses were already en route to the proceeding (one from out of state) and when they went by Defendant's house they saw her sitting in her driveway. 3. Admitted. 4. It is admitted that the undersigned counsel filed the Pre-Hearing Memorandum on March 2, 2007; however, Defendant failed entirely to file the pre-hearing statement required by the Court. 5. It is admitted that counsel for Defendant filed a Pre-Hearing Memorandum on April 23, 2007. It is denied that this filing has any effect, however, because Defendant failed entirely to file a required pre-hearing statement before the scheduled March 7, 2007 hearing, the Pre-Hearing Memorandum of April 23, 2007 should be barred and the Defendant's witnesses precluded from testifying. 6. Plaintiff is without knowledge as to when Defendant received the Amended Pre-Hearing Memorandum, which Plaintiff filed on April 26, 2007. The remainder of paragraph 6 is admitted. 7.a. It is denied that Pa.R.C.P. 1915.8 applies in this instance. To the extent that a response is deemed required, if this rule is deemed relevant or controlling, subsection (i) is nevertheless irrelevant as there is no report nor a request for one. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.a.i. It is denied that Pa.R.C.P. 1915.8 applies in this instance. To the extent that a response is deemed required, if this rule is deemed relevant or controlling, subsection (i) is nevertheless irrelevant as there is no report nor a request for one. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.a.ii. It is denied that Pa.R.C.P. 1915.8 applies in this instance. To the extent that a response is deemed required, if this rule is deemed relevant or controlling, subsection (i) is nevertheless irrelevant as there is no report nor a request for one. 7.a.iii. It is denied that Pa.R.C.P. 1915.8 applies in this instance. To the extent that a response is deemed required, if this rule is deemed relevant or controlling, subsection (i) is nevertheless irrelevant as there is no report nor a request for one. 7.a.iv. It is denied that Pa.R.C.P. 1915.8 applies in this instance. To the extent that a response is deemed required, if this rule is deemed relevant or controlling, subsection (i) is nevertheless irrelevant as there is no report nor a request for one. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.b. Denied. Both parties have entered into a mutual assent to make certain non-emergency decisions regarding the minor child without equal participation in the decision-making process. This is keenly illustrated by the Defendant's recent decisions to pull the Child out of school, on Friday, April 20, 2007, and Friday, April 27, 2007, to attend interviews with MidPenn Legal Services Attorney Jessica Holt, all without notice or approval of the Plaintiff (who certainly would not have assented to the aforementioned interview, by which the Defendant forced the Child to miss her own school birthday party, which upset the Child -- and the Plaintiff -- greatly. 7.b.i. Denied. Both parties have entered into mutual assent to make certain non-emergency decisions regarding the minor child without equal participation in the decision-making process. This is keenly illustrated by the Defendant's recent decisions to pull the Child out of school, on Friday, April 20, 2007, and Friday, April 27, 2007, to attend interviews with MidPenn Legal Services Attorney Jessica Holt, all without notice or approval of the Plaintiff (who certainly would not have assented to the aforementioned interview, by which the Defendant forced the Child to miss her own school birthday party, which upset the Child - and the Plaintiff - greatly). 7.b.ii. It is admitted that Ms. Prince's services were engaged solely on the initiative of the Plaintiff. Both parties, however, have entered into a mutual agreement to make certain non-emergency decisions regarding the minor child without equal participation in the decision-making process. This is keenly illustrated by the Defendant's recent decisions to pull the Child out of school, on Friday, April 20, 2007, and Friday, April 27, 2007, to attend interviews with MidPenn Legal Services Attorney Jessica Holt, all without notice or approval of the Plaintiff (who certainly would not have assented to the aforementioned interview, by which the Defendant forced the Child to miss her own school birthday party, which upset the Child - and the Plaintiff - greatly). 7.b.iii. This paragraph contains a conclusion of law which requires no answer. 7.c. Denied. Ms. Prince's testimony is not based solely on statements made by the child, but also on first-hand, direct observations. It is also denied that Ms. Prince's testimony involves hearsay, as the testimony falls under the "state of mind" exception explicated in Pa.R.E. §§ 801(c) and 803(3). Furthermore, in its full context, Ms. Prince's testimony will provide the Court with a balanced and realistic picture of the Child's mental and emotional state in regard to different living situations and child-parent relationships. It is up to the Court to decide how much weight to assign to Ms. Prince's testimony. Even if Ms. Prince's testimony were to be deemed in any part "hearsay," the current situation is highly analogous to admission of hearsay testimony in dependency proceedings via 42 Pa.C.S. § 6341(d), which allows for the presentation of "all evidence helpful in determining the questions presented ... relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition." 7.6. It is denied that such requirements are involved, for the reasons stated in the preceding reply to paragraph 7.c. 7.c.ii. It is denied that such requirements are involved, for the reasons stated in the preceding reply to paragraph 7.c. 7.c.iii. This paragraph contains a conclusion of law to which no response is required. 7.d. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following the Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.d.i. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following the Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.d.ii. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following the Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.d.iii. Ms. Prince's involvement began when the father requested her professional services after the Child developed behavioral problems and a drastic drop in school performance following the Defendant's relocation. It is furthermore denied that Ms. Prince's testimony must be predicated upon an "in-depth custody evaluation" with an explanatory report. For the most part, Ms. Prince will testify, with the advantage of an expert's learned eye, to the Child's response to different home settings and the occurrences therein. These relate to the empirical observations made in the natural course of her professional relationship with the Child in the course of her social work, a field in which she is an expert. 7.d.iv. This paragraph presents a conclusion of law to which no response is required. 7.e. Denied. Plaintiff's counsel was unaware of Ms. Prince's involvement until immediately before the filing of the Amended Pre-Hearing Memorandum, and thereby could not advise Plaintiff himself until that point that Ms. Prince's testimony would be highly relevant. 8. Admitted. WHEREFORE, Plaintiff respectfully requests that this Court deny the Defendant's petition to preclude the proposed testimony of Michele Prince in any regard, as elimination of her testimony will not provide for a fair and just assessment of custody determination for the Child, considering, particularly, the reasons her services were acquired by Plaintiff in the first place. Respectfully submitted, ff// /,b 70 Date .2alen R. WaRf, EsSp 28 South Pitt StFe?f Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION Esquire, hereby verify that the statements made in the cant's Motion In Limine to Preclude Testimony are true and t false statements herein are made subject to the penalties of I to unsworn falsification to authorities. 00- `Galen R. Wal , E e CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Response to Defendant's Motion In Limine to Preclude Testimony, by facsimile at 717-243-8026, and by depositing the same in the United States Mail, first class, postage pre-paid on the first day of May, 2007, from Carlisle, Pennsylvania, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 TURO LAW OFFICES ?> °. ---+ ? _?, ,? ?4 ?s'?? -- ? ? ?":: ? - ?'' Vic`=? -= "' c'cz ?- r? :? ':? ?.. TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY, : Respondent : CIVIL ACTION - CUSTODY PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE TESTIMONY AND NOW comes the Plaintiff, Todd A. Lawrence, by and through his attorney, Galen R. Waltz, Esquire, and files the following Motion In Limine to Preclude Testimony: 1. The above-captioned matter is currently scheduled for a custody hearing before the Honorable M. L. Ebert. 2. This matter was originally scheduled for hearing on March 7, 2007, however Defendant requested a continuance at the last moment. Witnesses were already en route to the proceeding (one from out of state) and when they went by Defendant's house they saw her sitting in her driveway. 3. A Court Order dated December 18, 2006 instructed the parties to file Pre- Hearing Memoranda with the Court at least ten days prior to the date of the hearing. 4. A Pre-Hearing Memorandum was filed by Plaintiff on March 2, 2007. 5. Defendant, disregarding the Court Order entirely, filed no pre-hearing statement whatsoever. 6. Plaintiff filed an Amended Pre-Hearing Memorandum on April 26, 2007, to include the testimony of Michele Prince. 7. Defendant filed a Pre-Hearing Memorandum on April 23, 2007, nearly two months after the required filing date. 8. Even under the most liberal interpretation of the Pennsylvania Rules of Civil Procedure, the rules cannot avoid a sanction for this disregard of procedural requirements. 9. The April 23, 2007, filing fails to cure the complete disregard of the original Court Order and filing date. 10. Such disregard of the Court Order renders Defendant's Pre-Hearing Memorandum a nullity. 11. Attorney Jessica Hoist was contacted to obtain her concurrence for the relief requested and such concurrence is denied. WHEREFORE, Plaintiff respectfully requests that this Court preclude the testimony of all of Defendant's proposed witnesses included in Defendant's Pre-Hearing Memorandum. Date Respectfully submitted, Galen R. Waltz,Fsc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I, Galen R. Waltz, Esquire, hereby verify that the statements made in the foregoing Motion In Limine to Preclude Testimony 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. ?17 Date s CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion In Limine to Preclude Testimony, by facsimile at 717-243-8026 and by depositing the same in the United States Mail, first class, postage pre-paid on the first day of May, 2007, from Carlisle, Pennsylvania, addressed as follows: Jessica Hoist, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 TURO LAW OFFICES Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 c ? _.-r ..ri -S ?`a -- ?k -rw ?'?j sl .£,:. , , - t C J . _ .: ?y:` ?Y3 N ? ? ? TODD A. LAWRENCE, PLAINTIFF V. WENDY PRICHARD HICKEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL IN CUSTODY IN RE: SUBPOENA DUCES TECUM ORDER OF COURT AND NOW, this 2"d day of May, 2007, upon consideration of Plaintiff's Petition to Modify Custody and after hearing thereon; IT IS HEREBY DIRECTED that the Conewago Valley School District School District shall provide this Court with copies of all school records pertaining to Hannyh Suellen Lawrence, born February 19, 2000, for the school year 2006-2007. These records shall be provided to this Court on or before June 15, 2007. By the Court, ?? k1A M. L. Ebert, Jr., J. Galen Waltz, Esquire Attorney for Plaintiff Jessica Holtz, Esquire Attorney for Defendant bas bAs ?41In-c 1f I vidl?, ?d14? pp ? pp tt ?,;?4?I'} £ 9 •C did Z- AVW LOOT ? 1?: )-allij TODD A. LAWRENCE, PLAINTIFF V. WENDY PRICHARD NICKEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL : IN CUSTODY IN RE: SUBPOENA DUCES TECUM ORDER OF COURT AND NOW, this 2"d day of May, 2007, upon consideration of Plaintiff's Petition to Modify Custody and after hearing thereon; IT IS HEREBY DIRECTED that the Littlestown Area District School District shall provide this Court with copies of all school records pertaining to Hannyh Suellen Lawrence, born February 19, 2000, for the school year 2006-2007. These records shall be provided to this Court on or before June 15, 2007. By the Court, M. L. Ebert, Jr., J. Galen Waltz, Esquire Attorney for Plaintiff Jessica Holtz, Esquire Attorney for Defendant bas BAs ?? 07 ?l(k (.;). `.ii ?I t f '} r'if -.f;flR1 £S :C kld Z- IN LOOZ TODD A. LAWRENCE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3113 CIVIL WENDY PRICHARD NICKEY, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 2"d day of May, 2007, upon consideration of Plaintiff's Petition to Modify Custody and after hearing thereon; IT IS HEREBY ORDERED AND DIRECTED that Dr. Kasey Shienvold, Psy.D. shall conduct a custody evaluation in the above referenced case. Dr. Shienvold is directed to prepare a report regarding this evaluation and provide it to this Court and both Counsel on or before Friday, August 10, 2007. Both parties are directed to cooperate with Dr. Shienvold. By the Court, ,tk' -?, q"-)A\ M. L. Ebert, Jr., J. Galen Waltz, Esquire Attorney for Plaintiff Jessica Holtz, Esquire Attorney for Defendant Dr. Kasey Shienvold, Psy.D. Court Administrator bas 5131,01 n 1V,j,,.!VIA-i7.? SO .g 14V C- IN CDDZ A Gi ?v z c'. 3'H1 J0 I & TODD A. LAWRENCE, PLAINTIFF V. WENDY PRICHARD NICKEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL IN CUSTODY IN RE: HEARING CONTINUED and MODIFICATION TO CUSTODY ORDER ORDER OF COURT AND NOW, this 2"d day of May, 2007, hearing in this matter is continued until August 13, 2007 at 1:30 p.m., at which time we will conclude the testimony. In the interim it is ordered and directed that the custody order dated December 18, 2006 will be modified as follows: 1. Paragraph 4: Mother and Father shall have shared joint physical custody of the child. Beginning the weekend of June 8, 2007 the Father shall have custody for one week until Friday, June 15, 2007 at 4:00 p.m., at which time the Mother will begin her period of custody for the next week until Friday, June 22, 2007 at 4:00 p.m. This weekly exchange will then continue throughout the summer. 2. The Following Holiday Schedule will be observed: A. Memorial Day Weekend: Father shall have custody of the child during the Memorial Day Weekend from Friday, May 25, 2007 until 6:30 p.m. on Monday, May 28, 2007. B. July 4th: The Mother will have custody of the child on the 4th of July as part of her normal custodial week. C. Mother's Day: Mother will have custody of the child from 8:00 a.m. until 6:30 p.m. on May 13, 2007. 4 , D. Father's Day: Father shall have custody of the child from 8:00 a.m. until 6:30 p.m. on June 17, 2007. By the Court, /a,len Waltz, Esquire othe Plaintiff v/essica Holst, Esquire MidPenn Legal Services, Inc. For the Defendant bas v - Nl ". M. L. Ebert, Jr. J. '1 i ?'r d C3? fx a v LOOZ Kdq :'Hi JO TODD A. LAWRENCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V 03-3113 CIVIL TERM WENDY PRICHARD NICKEY, IN CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2007, this being the time and place set for continuation of the custody hearing in the above-captioned matter, and the defendant having failed to appear, her counsel having indicated defendant's one year old child was ill and defendant's lack of transportation; and the Court now being in receipt of a custody evaluation in this case filed by Dr. Kasey Shienvold, Psy.D, which recommends that primary custody be granted to the father, IT IS HEREBY ORDERED AND DIRECTED that primary custody of Hannyh SuEllen Lawrence shall be placed with the father for the upcoming school year. The child will be transfered to his primary custody at the exchange scheduled for August 17, 2007. The mother shall be granted alternating weekends of partial custody beginning the weekend of the 24th of August, 2007, and then alternating thereafter throughout the school year. The exchange point shall be the Community Bank in East Berlin. Exchanges will take place at 4:00 p.m. Counsel are directed to submit to the Court a proposed holiday schedule. The hearing in this matter will be generally continued to the call of the parties. By the Court, /len Walz, Esquire For the Plaintiff w1 /ssica Holst, Esquire For the Defendant 1* _? SAA \ M. L. Ebert, Jr., :mtf 9 Z : 1114V iI I SAV LOOZ TODD A. LAWRENCE Plaintiff VS. WENDY (PRICHARD) NICKEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3113 CIVIL TERM IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Wendy Nickey, pursuant to Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On April 12, 2007, MidPenn Legal Services agreed to represent the Defendant, Wendy Nickey, for purposes of a custody hearing and entered an appearance for Jessica Holst, Esquire. 2. The Honorable Judge Ebert entered an Order on March 7, 2007 scheduling a hearing. Counsel attended a custody hearing on May 2, 2007 on behalf of Defendant Nickey. Following a full day of testimony, the record remained open for further testimony scheduled for August 13, 2007. 3. The morning of the August 13, 2007 hearing, Defendant Nickey contacted counsel and advised that she would not be present for the hearing. 4. The Honorable Judge Ebert granted Defendant's request for a continuance but followed the recommendations of the custody evaluator and ordered that primary physical custody of the child be transferred to Plaintiff. During an in-chambers conference, Judge Ebert requested that counsel for both parties negotiate a holiday schedule. 5. On August 14, 2007, Counsel received a proposed schedule from Attorney Waltz, counsel for Plaintiff. 6. Counsel attempted to contact Defendant by telephone on several occasions to discuss Plaintiff's proposed holiday schedule. There was no answer and no response to messages left on voice mail. 7. Written correspondence sent on August 28, 2007, to the last known address for Defendant was returned and counsel was provided no forwarding address. 8. On September 5, 2007, Attorney Waltz provided counsel with a new telephone number for Defendant. Several messages left at that telephone number have gone unanswered. 9. Attorney Waltz then provided counsel with a new address for Defendant. Written correspondence sent on September 17, 2007, requesting immediate contact in light of an impending in-chambers conference scheduled to discuss the current status of negotiations went unanswered. 10. Plaintiff's ongoing refusal to return telephone calls or respond to written correspondence has made it impossible to effectively provide her with appropriate representation or negotiate a holiday schedule as requested by the Court. 11. Counsel has contacted opposing counsel, Attorney Galen Waltz, who has indicated that he does not oppose the relief requested herein. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. Respectfully Submitted, AJet, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: b' Je lst, Esquire TODD A. LAWRENCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Wendy Nickey 810 York Street Hanover, PA 17331-3432 Date: K? - \ - 0?" MidPenn Legal Services, Inc. J# - ess Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 cr?? -TI N ?aJ ""C 0)14 OAT OS 7.00} r TODD A. LAWRENCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3113 CIVIL TERM WENDY (PRICHARD) NICKEY IN CUSTODY Defendant RULE TO SHOW CAUSE AND NOW, this M day of October 2007, upon consideration of the Petition for Leave to Withdraw filed by MidPenn Legal Services: 1. A rule is issued upon Defendant, Wendy Nickey, and Plaintiff, Todd Lawrence, to show cause why MidPenn Legal Services should not be granted leave to withdraw as counsel of record. 2. Any party desiring to file an answer to the Petition for Leave to Withdraw must do so within seven (7) days of service of this Rule to Show Cause. 3. Notice of the entry of this Order shall be provided to all parties by MidPenn Legal Services. By the Court: yx -? LIA M. L. Ebert, Jr., Judge i;?r Distribution: 'Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, Pennsylvania 17013 ?6alen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 v Wendy Nickey 810 York Street Hanover, PA 17331-3432 04? I'V-S 10%/07 TODD A. LAWRENCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3113 CIVIL ACTION - LAW WENDY (PRICHARD) NICKEY, :IN CUSTODY Defendant PETITION TO MAKE RULE ABSOLUTE Petitioner, MidPenn Legal Services, hereby petitions to make the rule absolute and in support therefore avers the following: 1. On October 2, 2007, MidPenn Legal Services filed a Petition for Leave to Withdraw from representation of Defendant Nickey in the above-captioned matter. 2. On October 4, 2007, The Honorable M.L. Ebert, Jr., issued a Rule to Show Cause on Plaintiff and Defendant. Such rule is attached as Exhibit A. 3. As of today, December 3, 2007, no Answer has been entered by Plaintiff or Defendant. 4. Attorney Galen Waltz, counsel for Plaintiff, previously indicated that he does not oppose Petitioner's request for permission to withdraw as counsel for Defendant Nickey. WHEREFORE, Petitioner asks that this Court make the Rule absolute and grant the relief requested in the Petition for Leave to Withdraw. Respectfully Submitted, Je sica Holst, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 TODD A. LAWRENCE, Plaintiff V. WENDY (PRICHARD) NICKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Wendy Nickey 810 York Street Hanover, PA 17331-3432 MidPenn Legal Services, Inc. Date: 11. 3.0) Je s ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r II QCT OS 200?,? r JDD A. LAWRENCE Plaintiff VS. WENDY (PRICHARD) NICKEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3113 CIVIL TERM IN CUSTODY RULE TO SHOW CAUSE AND NOW, this li day of October 2007, upon consideration of the Petition for leave to Withdraw filed by MidPenn Legal Services: 1. A rule is issued upon Defendant, Wendy Nickey, and Plaintiff, Todd Lawrence, to show cause why MidPenn Legal Services should not be granted leave to withdraw as counsel of record. 2. Any party desiring to file an answer to the Petition for Leave to Withdraw must do so within seven (7) days of service of this Rule to Show Cause. 3. Notice of the entry of this Order shall be provided to all parties by MidPenn Legal Services. By the Court: ?w -i AA M. L. Ebert, Jr., Judge ' 0 i IN COPY FROM RECORD in Tiny whereat, ( here unto set my hanc ind the seal of said Court at Carlisle, Pa. Of at x-007 KIO LUZ -SHI -iD Distribution: Jessica Holst, Esquire MlidPenn Legal Services 4 d ?'i l East Louther Street Carlisle, Pennsylvania 17013 ,/6alen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 ? Wendy Nickey 810 York Street Hanover, PA 17331-3432 i 00p l ES M9 IL£GL lolAtIO7 1 r.3 , `? -- , ? `i`t ........4 . -^? ` ? ?3?' ?d . , .`? .? wt Ci:4 DEC 0 4 2007 M? TODD A. LAWRENCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3113 CIVIL ACTION -LAW WENDY (PRICHARD) NICKEY, : IN CUSTODY Defendant ORDER iAN AND NOW, this day of December, 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services, counsel for Defendant Nickey is granted leave to withdraw from representation in the above-captioned matter. By the Court: M.L. Ebert, Jr., Judge I Z 'V VI 9- 37-0 LOU Distribution: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 ? Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 /Wendy Nickey 810 York Street Hanover, PA 17331-3432 i I- 'f 0-01 M?&tLa' ,14`6) 7