HomeMy WebLinkAbout07-5470c >
Luke Knox,
Plaintiff
V.
Eliza White,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 61- 5it'76 CIVIL
IN CUSTODY
COMPLAINT FOR CUSTODY
1.. The plaintiff is Luke Knox, residing at 614 Heritage Court, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. The defendant is Eliza White, residing at 20 Pheasant Court, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plaintiff seeks custody of the following child:
Name Present Residence DOB Age
Bradshaw Knox 20 Pheasant Court 4/12/05 2 years
The child was born out of wedlock
The child is presently in the custody of Eliza White, residing at 20 Pheasant Court,
Mechanicsburg, PA 17055.
During the past five years, the child has resided with the following persons and at the
following addresses:
List All Persons List All Addresses Dates
Luke Knox & 321 South Washington Street April 2005 to Nov. 2006
Eliza White Mechanicsburg, Pa
Luke Knox & 614 Heritage Court Nov. 2006 to August 2007
Eliza White Mechanicsburg, Pa
L
4. The mother of the child is Eliza White, residing at 20 Pheasant Court, Mechanisburg, PA.
She is unmarried.
The father of the child is Luke Knox, residing at 614 Heritage Court, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
He is unmarried.
5. The relationship of plaintiff to the child is that of Father.
The plaintiff currently resides with the following persons.
Name
Himself
Relationship
6. The relationship of defendant to the child is that of Mother.
The defendant currently resides with the following persons.
Name Relationship
Unknown
7. Plaintiff has not participated as a parry or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child and claims to have custody or visitation rights with respect to the
child.
8. The best interest and permanent welfare of the child will be served by granting the relief
request because:
Plaintiff has undertaken and performed the primary parental responsibilities for the
children .
Plaintiff is best able to provide the care and nurture which the children need for healthy
development.
A court ordered determination of custody is required to avoid continuing conflict
between the parties regarding parental responsibility for custody and support.
WHEREFORE, Plaintiff requests this Court grant primary physical custody to Plaintiff
with visitation in Defendant as agreed upon by the parties.
Respectfully submitted,
ROMINGER & ASSOCIATES
Date: y
Michael O. Palermo, Jr., wire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court I.D. #93334
Attorney for Plaintiff
i
Luke Knox, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
Eliza. White, No. CIVIL
Defendant 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.C.S. § 4904 relating to unworn
falsification to authorities.
io 0. V?' '3 6" 7
Luke Knox, Plaintiff
Luke Knox, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vi.
CIVIL ACTION - LAW
Eliza White, No. CIVIL
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff do hereby certify that I this day
mailed a copy of the within Complaint for Custody upon the following by depositing same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Eliza White
20 Pheasant Court
Mechanicsburg, PA 17055
P-,.,L id -Yja,
Date: 00 G
Respectfully submitted,
ROMINGER & ASSOCIATES
_Mel?q=
Michael O. Palermo, r., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court I.D. #93334
Attorney for Plaintiff
w
°C/
C
LUKE KNOX IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2007-5470 CIVIL ACTION LAW
ELIZA WHITE IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, September 19, 2007 , upon consideration of the attached Complaint,
ive counsel appear before John J. Mangan, Jr., Esq. 'tae conciliator,
and their respect
it at is 4th hereby Floor, directed that Cumberland parties County Courthouse, Carlisle on Friday, October 12,2007 100 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; 1s/ ohn .Man an r. 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
YOU CON ONE, GET O TO OR TELEPHONE THE OFFICE SET
HAVE AN ATTORNEY OR CANNOT AFFORD
FORTH BELOW TO FIND OUT WHERE HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
k4?111?v?
SO : ? 61 d3S t00Z
A8b'.lUrVvN14 d 31U fit}
?odl?d
OCT 17 2007 /NO
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZA WHITE
: No. 07-5470 Civil Term
Defendant : ACTION IN CUSTODY
COURT ORDER
th
AND NOW, this 1q day of October, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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.
2. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule.
a. Commencing October 15, 2007, Father shall have physical custody of
Bradshaw at 3:00 pm until October 16, 2007 at 7:00 pm. Father shall pick
Bradshaw up at day care and Mother shall pick Bradshaw up at Father's
residence.
b. On October 24, 2007, Father shall pick Bradshaw up at Mother's
residence between 7:00 am and 7:30 am and Mother shall pick Bradshaw
up at Father's residence at 7:00 pm on October 25, 2007.
c. On November 1, 2007, Father shall pick Bradshaw up at day care at 3:00
pm and return Bradshaw to Mother's custody on November 3, 2007 by
5:30 pm. Father shall provide transportation for the custody exchanges as
of November 1, 2007.
d. Father shall have two overnights with Bradshaw per week upon agreement
pursuant to Father's work schedule until further Order of Court.
e. Father is required to notify the day care provider by 8:00 am if Father is
not going to deliver Bradshaw to day care.
f. The parties may mutually agree to alter/expand this schedule as necessary
A nrr' p!
81.Z Wd 6 1130 t00Z
3Hi JO
or desired.
3. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
4. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
5. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
6. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
7. The parties are directed to continue therapy for Bradshaw as necessary and to
follow the recommendations of the therapist
8. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
9. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
10. All major holidays and Bradshaw's birthday shall be alternated and arranged as
mutually agreed upon.
11. This Order is entered pursuant to 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. Counsel for the parties are
directed to contact the assigned Conciliator to schedule a status update conference
in January 2008.
Cc: Michael O. Palermo, Esquire
indsay Dare Baird, Esquire
hn J. Mangan, Esquire
BY THE O T,
-N?
J.
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Mother
2. A Conciliation Conference was held on October 12, 2007 with the following
individuals in attendance:
The Father, Luke Knox, with his counsel, Michael O. Palermo, Esquire
The Mother, Eliza. White, with her counsel, Lindsay Dare Baird, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date: U ZI-4 a 7
Jo angan, Esq ' e
Custody Conciliato
W, a 1 1 Me ?
0
LUKE KNOX IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
COURT ORDER
ih
AND NOW, this day of April, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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. Each parent shall notify the
other parent as soon as practicable regarding the Child's medical appointments.
2. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule:
a. Commencing March 24, 2008, contingent upon Father moving closer to
Mother's residence, Father shall have physical custody of the Child every
other weekend from Friday 5:30 pm until Sunday 7:00 pm. The non-
custodial parent shall pick up the Child. The exchange locations shall be
at the respective parent's residence or some other mutually agreed upon
location.
b. Once Father moves closer to Mother's residence, on the off weekend that
Mother has custody of the Child, Father shall have physical custody from
Sunday evening at 7:00 pm until Tuesday 7:30 am. The non-custodial
parent shall pick up the Child. The exchange locations shall be at the
respective parent's residence or some other mutually agreed upon location.
c. The parties may mutually agree to alter/expand this schedule as necessary
VINVAILASNNAd
Z n :4 Wd i ! SA #89Z
A8VIONC filiUdd 3HI 30
301?O-?H
or desired.
3. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
4. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
5. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
6. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
7. The parties are directed to continue therapy/counseling for Bradshaw as necessary
and to follow the recommendations of the therapist/counselor.
8. Neither party may say or do anything nor permit a third parry to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
9. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
10. Holidays:
a. Commencing 2008, Easter shall be alternated in even and odd numbered
years between the parties with Mother even-numbered years and Father
having odd numbered years. Easter shall be from Saturday the day before
Easter at 7:00 pm until Sunday 2:00 pm.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bradshaw's birthday and Mother celebrating the day of Bradshaw's
birthday. Times shall be by mutual agreement.
e. All other major holidays shall be alternated and arranged as mutually
agreed upon.
11. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
12. This Order is entered pursuant to 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. Counsel for the parties are
directed to contact the assigned Conciliator to schedule a status update
conference.
Cc: Z.ichael O. Palermo, Esquire
Diane G. Radcliff, Esquire
-John J. Mangan, Esquire
l-O??ES ry?,tl£C?,
BY THE O T
J.
LUKE KNOX
V.
ELIZA WHITE
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
Prior Judge: M.L. Ebert, Jr., J.
No. 07-5470 Civil Term
ACTION IN CUSTODY
CONCELIATION CONFERENCE SUNEVIARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Mother
2. A Conciliation Conference was held on October 12, 2007 and an Order of
Court issued October 19, 2007. An updated Conciliation Conference was held
February 29, 2008 with the following individuals in attendance:
The Father, Luke Knox, with his counsel, Michael O. Palermo, Esquire
The Mother, Eliza White, with her counsel, Lindsay Dare Baird, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date: ?- Q
4VZ-??-
J*4.yangan, Esqu'
C to Conciliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
NO. 07-5470
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary:
Please withdraw my appearance on behalf of Eliza White.
Date: /% 4 ?? uta?, ?`
ndsay Dare ird, Esquire
37 South Hanover Street
Carlisle, PA 17013
Phone: (717) 243-5732
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No.
32112 on behalf of the Defendant, Eliza White.
Papers may be served at the address set forth below:
Diane G. Radcliff
3448 Trindle Road
Camp Hill, PA 17011
L
Date:
IANE G. DCLIFF, ESQUIR
3448 rindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID No. 32112
?
°J;
r? _7 t
__?,` ? 9
^"?'? - `-
?
?.
r ?'-„ ,?A
_ ^
ems:
?c .,
: ,
_ `T;
..?. r:::-. -.?.
.??.
??
,JUL 0 9, 2001
LUKE KNOX
Plaintiff
V.
ELIZA WHITE
Defendant
Prior Judge: M.L. Ebert, Jr.? J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-5470 Civil Term
: ACTION IN CUSTODY
COURT ORDER
AND NOW, this 014- day of July 2008, upon consideration of the attached
Custody Conciliation Repot, it is ordered and directed that:
1. This Order is entereO pursuant to a Custody Conciliation Conference. A Custody
H aring is hereby sgheduled on the _Z" day of November 2008 at
ItC amm in Courtroom number _ S in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For
purposes of this hewing, the Father shall be deemed to be the moving parry and
shall proceed initially with testimony. Counsel for each party shall file with the
Court and opposing; counsel a Memorandum setting forth each party's position on
custody, a list of Zi e'sses 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 five; days prior to the hearing date.
2. The Prior Order of Court dated October 19, 2007 and April 11, 2008 are hereby
VACATED.
3. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties shall have a01 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 his 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, rel}gious or school records, the residence address of the Child and
of 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 pare#t within such reasonable time as to make the records and
information of reasonable use to the other parent. Each parent shall notify the
other parent as soot as practicable regarding the Child's medical appointments.
4. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's j artial physical custody pursuant to the following schedule:
,
a 5-
V h;WIX's` v!*3 _! t I ?
111 v?
I Z •6 lad I I I n1 BUZ
)MVjg orjjii 6d 3A ?O
3w--C:?u
V.
a. Commencing July 11, 2008, Father shall have physical custody of
Bradshaw every Friday, picking Bradshaw up from day care until
Saturday evening at 6:30 pm whereby Mother shall pick Bradshaw up
from Father's residence and Father shall have physical custody every
Tuesday, picking Bradshaw up at day care, until Wednesday morning
dropping Bradshaw off at day care.
b. Should Father not be able to exercise physical custody due to his medical
condition, Falther shall be entitled to a "make up" day/overnight during the
week that the period had to be missed.
c. Father shall have additional periods of physical custody as the parties may
mutually agree.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
6. The parties shall engage in therapeutic family counseling with a mutually-agreed
to professional. The parties shall initially begin counseling with Debra Salem.
7. Neither party shall engage in physical discipline for the Child.
8. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as pr4cticable after the emergency is handled.
9. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
10. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
11. The parties are direcjted to continue therapy/counseling for Bradshaw as necessary
and to follow the regommendations of the therapist/counselor.
12. Neither party may soy or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
13. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consumelbe under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household; members and/or house guests comply with this provision.
14. Holidays:
a. Commencing 2008, Easter shall be split with Mother having from 8:00 am
until 2:00 pni and Father having from 2:00 pm until 8:00 pm every year.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bra4haw's birthday and Mother celebrating the day of Bradshaw's
birthday. Tunes shall be by mutual agreement.
e. In even year, Father shall have Memorial day and Labor Day and Mother
shall have Fpurth of July. In odd years, Mother shall have Memorial Day
and Labor Day and Father shall have Fourth of July. The times for these
holidays shall be from 9:00 am until 6:30 pm.
f. All other holidays shall be alternated and arranged as mutually agreed
upon.
15. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during then vacation. The parties may expand this vacation time by
mutual agreement.
16. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the; terms of this Order shall control.
BY THE C UR
Cc: Michael O. Palermo, Esquire
Diane G. RAdcliff, Esquire
John J. Mangan, Esquire
LUKE KNOX IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
CONCILIA'ION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B),, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as fdllows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Primary Mother
2. A Conciliation Conference was held on October 12, 2007, an Order of Court
issued October 19, 2007, an updated Conciliation Conference was held
February 29, 2008, an Order issued April 11, 2008 and an update conference
was held July 8„ 2008 with the following individuals in attendance:
The Father, Luke Knox, with his counsel, Michael O. Palermo, Esquire
The Mother, Eliza White, with her counsel, Diane Radcliff, Esquire
3. Father's position is that he would like some additional time with Bradshaw.
Father contends;that he has changed his job and moved closer to Mother in
order to spend amore time with his son. Father is full time employed at SCI
Camphill and unfortunately has contracted an infectious disease as a result of
his employment;. Said disease has caused him to not take full advantage of his
currently available custodial time. Father asserts that his medical condition
has led him to not spend time with Bradshaw because Father feels that is in
his Child's best interest. Father is going to a specialist in late August to help
diagnose/treat his medical condition. Father asserts that he does not receive
any negative re0orts of the Child's behaviors after the Child is in his custody
and maintains that the Child's behaviors are appropriate.
4. Mother's position is that Bradshaw's behaviors are negative after the Child
returns to her care after Father's periods of custody. Mother asserts that
Father has not taken advantage of the time that Father already has and does
not see the point in increasing Father's custodial periods. Mother maintains
that she does desire to have Father to have regular consistent contact with the
Child and would be willing to consider additional periods of time for Father if
Father's medical condition stabilizes and Father shows a track record of
consistent custodial periods.
5. The Conciliator Tecommends an Order in the form as attached scheduling a
Hearing before the Court. It is the Conciliator's belief that this would be in
the Child's best Interest. It is expected that the Hearing will require half a
day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date: v
John . M Esquir
C ody nc ,iliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX,
NO. 07-5470
Plaintiff
. CIVIL ACTION - LAW
ELIZA WHITE,
V.
Defendant
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Petitioner, Eliza White, and files the above referenced Petition and
respectfully represents that:
1. Your Petitioner is Eliza White, an adult individual residing at 20 Pheasant Court,
Mechanicsburg, Cumberland County, Pennsylvania and the Defendant in the above
referenced action. Petitioner is hereinafter referred to as "Mother".
2. Your Respondent is Luke Knox, an adult individual residing at 6405 Glenwood Street,
Apartment 5, Mechanicsburg, Cumberland County, Pennsylvania, and is the Plaintiff in the
above referenced action. Respondent is hereinafter referred to as "Father".
3. The parties are the parents of the following minor child: Bradshaw Knox born 4/12/2005.
4. On July 11, 2008, an Order of Court was entered pertaining to custody of the parties'
minor child. A true and correct copy of the July 11, 2008 Order is attached hereto,
marked Exhibit "A" and made a part hereof.
5. In accordance with the terms of the July 11, 2008 Order:
a. The parties share legal custody of the child;
b. Petitioner, Eliza White, has primary physical custody of the child;
C. Respondent, Luke Knox, has partial physical custody of the child.
6. The July 11, 2008 Order provides:
a. Commencing July 11, 2008 Father shall have physical custody of Bradshaw
every Friday, picking Bradshaw up from day care until Saturday evening at
6:30 pm whereby Mother shall pick Bradshaw up from Father's residence
and Father shall have physical custody every Tuesday, picking Bradshaw up
at day care, until Wednesday morning dropping Bradshaw off at day care.
7. On Friday, October 24, 2008, Mother, in agreement with Father, dropped Bradshaw off
at Father's residence at 5:30 p.m. Shortly after 7:00 p.m. Mother received a phone call
-2-
from Father indicating that Bradshaw had some swelling and redness on his arm which
appeared to be an allergic reaction to the Chicken Pox vaccine Bradshaw received on
Thursday, October 23, 2008. Both Mother and Father contacted the child's physician and
were advised to give Bradshaw Benadryl and administer cold packs to the site.
8. Mother took the Benadryl and cold packs to Father's residence and stayed with Bradshaw
for an hour to an hour and a half at which point Bradshaw was comfortable and Mother
left Father's residence.
9. On Saturday morning, October 25, 2008, Father contacted Mother and advised that
Bradshaw was showing no further signs of an allergic reaction.
10. On October 25, 2008 at approximately 6:30 p.m. Mother went to Father's residence to
pick up Bradshaw at the conclusion of Father's visitation.
11. Bradshaw's first words to Mother at Father's door were "Daddy has a gun". Mother
looked at Father and he replied that he had showed the gun to Bradshaw. While returning
to Mother's residence that was all that Bradshaw wanted to talk about and that Daddy
needed bullets for the gun.
12. Mother then asked Bradshaw if he touched the gun. Bradshaw responded that he did but
that he was not allowed to "push the button". Bradshaw told Mother that you would
"use it like this" and proceeded to demonstrate how you would hold the gun with arms
extended and how you would stand. That evening Mother was laying on the bed with
Bradshaw and asked Bradshaw if he knew what Daddy uses the gun for. Bradshaw
responded that "Daddy uses the gun to shoot people".
13. On Sunday, October 26, 2008, Father called Mother and inquired about Bradshaw's arm.
At this time, Mother asked Father how it came about that he showed the gun to
Bradshaw. Father stated that Bradshaw has been obsessed with guns and talks about guns
all the time. Father indicated that he was "de-sensitizing" Bradshaw to guns. Father
advised Mother that he got the gun out and told Bradshaw that if he ever saw it he was
to come and get Daddy.
14. Mother then asked Father if he let Bradshaw touch it. Father responded that he did.
Mother questioned what gun it was and Father would not respond. Mother is aware that
Father has two hand guns and one rifle.
15. Mother asked Father if she could see that hand guns were locked in the safe. Father told
Mother that he would not allow her to come to his residence to verify that the hand guns
were locked in the safe.
16. Mother knows that Father's rifle has never been locked away because Father says it has
a safety lock.
17. Mother claims that during the time period that Mother and Father were residing together,
Father would leave bullets lying around the house and that she would put them away in
- 3 -
a safe place.
18. Mother claims that Bradshaw has never been obsessed about guns while in her presence
or at the day care.
19. The only Judge involved in this or any companion case is the Honorable M.L. Ebert who
entered the attached Order.
20. Father's attorney, Michael Palermo, Esquire was contacted by phone and messages were
left back and forth between Michael Palermo, Esquire and Maria Cognetti, Esquire (acting
for Diane G. Radcliff, Esquire) and has been provided a copy of this Petition prior to its
filing. It is assumed that Attorney Palermo would object to the relief requested herein.
21. It is vitally important that an Order be entered on an emergency basis due to the fact
that Father's next overnight visitation is scheduled for Tuesday evening, October 28, 2008
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order as follows:
Petitioner, Eliza White, is granted primary physical custody of the parties' child,
Bradshaw Knox, born 4/12/05.
2. The overnight visitation scheduled for Tuesday evening, October 28, 2008, and any
other visitation is suspended pending a hearing on this matter.
3. It is imperative that this matter be addressed on an emergency basis due to the
fact that there are three (3) scheduled visitations between now and the custody
hearing scheduled for November 7, 2008.
3. Visitation by Father with the parties' minor child, Bradshaw, will be supervised
and will take place outside of Father's residence for a period of three hours on
Tuesday evenings and three hours on Saturday mornings. Overnight visitation is
suspended pending the hearing scheduled on November 7, 2008.
Respectfully Submitted,
4I
NE G DCLI F, ES
(Attorney Registration No 32112)
3448 Trindle Road, Camp Hill, PA 17011
Email: dianeradcliff@comcast.net
Phone: (717) 737-0100 • Fax: (717) 975-0697
Counsel for Plaintiff /Petitioner
Dated: /O1a7/06
-4-
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
ELIZA TE
Date: 16I Z
-6-
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and
in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure:
Service by First Class Mail Addressed as Follows
Michael O. Palermo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(Counsel for Respondent)
4"d
E RAD LIFF Q IRE
(At orn y Re stration No 32112)
3448 Trindle Road
Camp Hill, PA 17011
Email: dianeradcliff comcast net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Petitioner
Dated: IbI627ha
-6-
EXHIBIT "A"
JULY 11, 2008 ORDER OF COURT
-7-
UUL 0 2008
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-5470 Civil Term
ELIZA WHITE :
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
COURT ORDER
AND NOW, this day of July 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the '15' day of November 2008 at
,i. c'z, am/FW in Courtroom number -!)' in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 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 party'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 five days prior to the hearing date.
2. The Prior Order of Court dated October 19, 2007 and April 11, 2008 are hereby
VACATED.
3. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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. Each parent shall notify the
other parent as soon as practicable regarding the Child's medical appointments.
4. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule:
a. Commencing July 11, 2008, Father shall have physical custody of
Bradshaw every Friday, picking Bradshaw up from day care until
Saturday evening at 6:30 pm whereby Mother shall pick Bradshaw up
from Father's residence and Father shall have physical custody every
Tuesday, picking Bradshaw up at day care, until Wednesday morning
dropping Bradshaw off at day care.
b. Should Father not be able to exercise physical custody due to his medical
condition, Father shall be entitled to a "make up" day/overnight during the
week that the period had to be missed.
c. Father shall have additional periods of physical custody as the parties may
mutually agree.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
6. The parties shall engage in therapeutic family counseling with a mutually-agreed
to professional. The parties shall initially begin counseling with Debra Salem.
7. Neither party shall engage in physical discipline for the Child.
8. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
9. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
10. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
11. The parties are directed to continue therapy/counseling for Bradshaw as necessary
and to follow the recommendations of the therapist/counselor.
12. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
13. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
14. Holidays:
a. Commencing 2008, Easter shall be split with Mother having from 8:00 am
until 2:00 pm and Father having from 2:00 pm until 8:00 pm every year.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bradshaw's birthday and Mother celebrating the day of Bradshaw's
birthday. Times shall be by mutual agreement.
e. In even years, Father shall have Memorial day and Labor Day and Mother
shall have Fourth of July. In odd years, Mother shall have Memorial Day
and Labor Day and Father shall have Fourth of July. The times for these
holidays shall be from 9:00 am until 6:30 pm.
f. All other holidays shall be alternated and arranged as mutually agreed
upon.
15. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
16. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT, ,
w, I. t ( /9/ j
TJ.
Cc: Michael O. Palermo, Esquire
Diane G. Radcliff, Esquire
John J. Mangan, Esquire
t ^? V ?tiit 9? RF ?... {.4 .zip R f t 1
Sea
a14 er J
?'rOl:ti0f?tYtat'?
LUKE KNOX IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Primary Mother
2. A Conciliation Conference was held on October 12, 2007, an Order of Court
issued October 19, 2007, an updated Conciliation Conference was held
February 29, 2008, an Order issued April 11, 2008 and an update conference
was held July 8, 2008 with the following individuals in attendance:
The Father, Luke Knox, with his counsel, Michael O. Palermo, Esquire
The Mother, Eliza White, with her counsel, Diane Radcliff, Esquire
3. Father's position is that he would like some additional time with Bradshaw.
Father contends that he has changed his job and moved closer to Mother in
order to spend more time with his son. Father is full time employed at SCI
Camphill and unfortunately has contracted an infectious disease as a result of
his employment. Said disease has caused him to not take full advantage of his
currently available custodial time. Father asserts that his medical condition
has led him to not spend time with Bradshaw because Father feels that is in
his Child's best interest. Father is going to a specialist in late August to help
diagnose/treat his medical condition. Father asserts that he does not receive
any negative reports of the Child's behaviors after the Child is in his custody
and maintains that the Child's behaviors are appropriate.
4. Mother's position is that Bradshaw's behaviors are negative after the Child
returns to her care after Father's periods of custody. Mother asserts that
Father has not taken advantage of the time that Father already has and does
not see the point in increasing Father's custodial periods. Mother maintains
that she does desire to have Father to have regular consistent contact with the
Child and would be willing to consider additional periods of time for Father if
Father's medical condition stabilizes and Father shows a track record of
consistent custodial periods.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing before the Court. It is the Conciliator's belief that this would be in
the Child's best interest. It is expected that the Hearing will require half a
day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date:
John . M , Esquir
Cu ody onciliator
A? 6" o
? 0 0
O1
D
r?
{
1
cs:,
t
LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
ELIZA WHITE, NO. 07-5470
Defendant IN CUSTODY
IN RE: PETITION FOR EMERGENCY RELIEF
ORDER
AND NOW, this 2 8'" day of October, 2008, upon consideration of the within
petition, it is ordered that during his periods of partial custody, the father will not permit the
minor child, Bradshaw, to see or touch any firearm or any ammunition nor will he discuss guns
or firearms with the child.
BY THE COURT,
Zmichael O. Palermo Esquire
For the Plaintiff
Diane G. Radcliff, Esquire
For the Defendant
:rlm
?r t sc' S /rte t ??
I
l0-`2S?v?
Kevi A. Hess, J.
?'- C'j
- 7r:% - t"
.'..? .
J
LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIIL ACTION - LAW
ELIZA WHITE,
Defendant NO. 07-5470 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 31St day of October, 2008, the hearing previously scheduled in
the above matter for November 7, 2008, before the Honorable M.L. Ebert, Jr., is
rescheduled to Thursday, January 29, 2009, at 1:30 p.m., before the Honorable J. Wesley
Oler, Jr., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
Michael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
1116iane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
4
BY THE COURT,
?r?,
4 ?3
je
t ? 1 c, .i-?'
-_..ti ??
;.,,
?v?9.'0? , t'1:
LUKE KNOX,
Plaintiff
V
ELIZA WHITE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07-5470 CIVIL TERM
IN CUSTODY
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 29th day of January, 2009, upon
consideration of Plaintiff's Complaint for Custody with respect
to the parties' child, Bradshaw Knox (date of birth, April 12,
2005), and following a hearing held on this date, the record is
declared closed, and the matter is taken under advisement.
By the Court,
? Michael 0. Palermo Esquire
155 S. Hanover Street
Carlisle, PA 17013-3455
For Plaintiff
ZDiane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011-4436
For Defendant
mae
/l
L Y7
J Wesley Ole , Jr. J.
V 1 P off. Nv 60JZ
2 _.
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIIL ACTION - LAW
NO. 07-5470 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 30`" day of January, 2009, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' child, Bradshaw Knox (d.o.b. April 12,
2005), and following a hearing held on January 29, 2009, the custodial terms of the order
of court dated July 11, 2008, are entered as a final order.
BY THE COURT,
ichael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
1
iane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
r r
J Wesley Oler ., J.
fiY.?w ?(^}{
^i
?'+
FILED.-i ... ,.,
TIFF "nTAFY
Prepared by: S
Diane G. Radcliff, Esquire Z0I0 FEB _g PM 04
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112 culvi T
Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
NO. 07-5470
: CIVIL ACTION - LAW
. IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER DATED JULY 11 2009
AND NOW, comes the Petitioner, Eliza White, and files the above referenced Petition and
respectfully represents that:
1. This is a custody case. This Petition involves a request for modification of the
legal custody provisions set forth in the Order of Court dated July 11, 2008.
2. The following attorneys have entered their appearances in this case:
a. Michael 0. Palermo, Esquire for Plaintiff;
b. Diane G. Radcliff, Esquire for Defendant .
3. A copy of this Petition was provided to Michael 0. Palermo, Esquire on November
3, 2009, who was asked to consent to the relief requested in this Petition and no
such consent was obtained
4. The following are the judges previously assigned to this case:
The Honorable J. Wesley Oler, Jr. who entered the 7/11 /2008 Custody
Order.
6. Your Petitioner is Eliza White, an adult individual residing at 440 Mill Race Road,
Unit 66, Carlisle, PA 17013, and is the Defendant in the above referenced action.
Petitioner is hereinafter referred to as "Mother".
- 2 - 0'11
7. Your Respondent is Luke Knox, an adult individual residing at 317 Hillcrest Drive,
Upper Level, New Cumberland, Pennsylvania, 17070, and is the Plaintiff in the
above referenced action. Respondent is hereinafter referred to as "Father".
8. The parties are the parents of the following minor child: Bradshaw Knox born
4/12/2005.
9. On January 30, 2009, an Order of Court was entered pertaining to custody of the
Child which entered the terms of the Order dated July 11, 2009 as a final order
of Court. A true and correct copy of the 1/30/09 Order is attached hereto,
marked Exhibit "A" and made a part hereof. A true and correct copy of the
7/11 /08 Order is attached hereto, marked Exhibit "B" and made a part hereof.
10. In accordance with the terms of the 7/11 /08 Order:
a. The parties share legal custody of the Child;
b. Petitioner, Eliza White, has primary physical custody of the Child;
C. Respondent, Luke Knox, has partial physical custody of the Child.
11. The 7/11 /08 Order should be modified so that Mother is granted sole legal custody
of the Child because:
a. Father refuses to communicate about the Child with Mother in any
reasonable manner. He often resorts to name calling. He fails to return
her calls in a timely manner. He has given her mixed messages about her
ability to contact him in matters regarding the Child.
b. Father refuses or fails to make prompt decisions about or for the benefit
of the Child, particularly he failed to take any action regarding the
selection of the Child's preschool for the fall of 2009.
C. Father for the most part does not participate in the regular health care of
the Child.
d. The parties underwent co-parenting counseling which did not succeed in
that Father could not control his anger towards Mother and thus far has
failed to engage in any meaningful therapy which could assist him in this
regard.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order
- 3 -
modifying the July 11, 2008 Order by granting Mother sole legal custody of the Child.
Respectfully Submitted,
DI CLIFF, ESQUIRE 1
(Attorney Registration No 32112)
3448 Trindle Road, Camp Hill, PA 17011
Email: dianeradcliff comcast net
Phone: (717) 737-0100 • Fax: (717) 975-0697
Counsel for Plaintiff /Petitioner
Dated: a
-4-
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
C `
ELIZA E
Date:
- 5 -
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure:
Service by First Class Mail Addressed as Follows:
Michael 0. Palermo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(Counsel for Respondent)
:LIFF, ESQUIRE X
stration No 32112)
Camp Hill, PA 17011
Email: dianeradcIiffEcomcast. net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Petitioner
Dated: I
-6-
EXHIBIT "A"
JANUARY 30, 2009 ORDER OF COURT
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
ORDER OF COURT
AND NOW, this 30'" day of January, 2009, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' child, Bradshaw Knox (d.o.b. April 12,
2005), and following a hearing held on January 29, 2009, the custodial terms of the order
of court dated July 11, 2008, are entered as a final order.
BY THE COURT,
ichael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Ziane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CMIL ACTION - LAW
NO. 07-5470 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
J? Wesley Oler ., J.
EXHIBIT "B"
JULY 11, 2008 ORDER OF COURT
VUL 0 9 2008
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
COURT ORDER
AND NOW, this -j/'2- day of July 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the '7.F day of November 2008 at
q. uy am/pa in Courtroom number _ l in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 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 party'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 five days prior to the hearing date.
2. The Prior Order of Court dated October 19, 2007 and April 11, 2008 are hereby
VACATED.
3. Legal Custody: The Father, Luke Knox, and the Mother, Eliza. White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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. Each parent shall notify the
other parent as soon as practicable regarding the Child's medical appointments.
4. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule:
a. Commencing July 11, 2008, Father shall have physical custody of
Bradshaw every Friday, picking Bradshaw up from day care until
Saturday evening at 6:30 pm whereby Mother shall pick Bradshaw up
from Father's residence and Father shall have physical custody every
Tuesday, picking Bradshaw up at day care, until Wednesday morning
dropping Bradshaw off at day care.
b. Should Father not be able to exercise physical custody due to his medical
condition, Father shall be entitled to a "make up" day/overnight during the
week that the period had to be missed.
c. Father shall have additional periods of physical custody as the parties may
mutually agree.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
6. The parties shall engage in therapeutic family counseling with a mutually-agreed
to professional. The parties shall initially begin counseling with Debra Salem.
7. Neither party shall engage in physical discipline for the Child.
8. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
9. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
10. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
11. The parties are directed to continue therapy/counseling for Bradshaw as necessary
and to follow the recommendations of the therapistlcounselor.
12. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
13. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
_.....__the_pointAfintoxication.._.The_parties-shall_likewise_assure,.xo_the_extent.possible,._
that other household members and/or house guests comply with this provision.
14. Holidays:
a. Commencing 2008, Easter shall be split with Mother having from 8:00 am
until 2:00 pm and Father having from 2:00 pm until 8:00 pm every year.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bradshaw's birthday and Mother celebrating the day of Bradshaw's
birthday. Times shall be by mutual agreement.
e. In even years, Father shall have Memorial day and Labor Day and Mother
shall have Fourth of July. In odd years, Mother shall have Memorial Day
and Labor Day and Father shall have Fourth of July. The times for these
holidays shall be from 9:00 am until 6:30 pm.
f. All other holidays shall be alternated and arranged as mutually agreed
upon.
15. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
16. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
Al 7;1. t
"I I J.
Cc: Michael O. Palermo, Esquire
Diane G. Radcliff, Esquire
John J. Mangan, Esquire
n Testimony whereof, I here unt® set my hanc
nd the so of said rt it Carlisle,
ay
Prothonotary -
LUKE KNOX IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2007-5470 CIVIL ACTION LAW
ELIZA WHITE
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW. Friday, February 12, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 22, 2010 at 9:00 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. 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/ John j, Mangan, r., Esq. Z10
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
E}?
F1 1
Y TH
2010 FEB 16 AM 11: 09
Prepared by:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 • Email
Attorney for Plaintiff
dianeradcliff @comcast.net
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX,
Plaintiff
NO. 07-5470
CIVIL ACTION - LAW
V.
ELIZA WHITE,
Defendant
IN CUSTODY
AMENDED PETITION FOR MODIFICATION OF
CUSTODY ORDERS DATED JULY 11, 2008 AND JANUARY 30, 2009
Before: The Honorable J. Wesley Oler, Jr.
Appearance for Plaintiff: Michael O. Palermo
Appearance for Defendant: Diane G. Radcliff, Esquire
AND NOW, comes the Petitioner, Eliza White, and files the above referenced Petition and
respectfully represents that:
1. This is a custody case. This Petition involves a request for modification of the Orders of
Court dated July 11, 2008 and January 30, 2009.
2. The following attorneys have entered their appearances in this case:
a. Michael O. Palermo, Esquire for Plaintiff;
b. Diane G. Radcliff, Esquire for Defendant.
-2-
3. A copy of this Petition was provided to Michael O. Palermo, Esquire on March 24, 2010.
4. The following judges were previously assigned to this case:
a. The Honorable M. L. Ebert who entered the July 11, 2008 Custody Order;
b. The Honorable J. Wesley Oler, Jr. , who entered the January 30, 2009 Custody
Order.
6. Your Petitioner is Eliza White, an adult individual residing at 440 Mill Race Road, Unit 66,
Carlisle, PA 17013, and is the Defendant in the above referenced action. Petitioner is
hereinafter referred to as "Mother".
7. Your Respondent is Luke Knox, an adult individual residing at 317 Hillcrest Drive, Upper
Level, New Cumberland, Pennsylvania, 17070, and is the Plaintiff in the above
referenced action. Respondent is hereinafter referred to as "Father".
8. The parties are the parents of the following minor child: Bradshaw Knox born 4/12/2005.
9. On January 30, 2009, an Order of Court was entered pertaining to custody of the Child
which entered the terms of the Order dated July 11, 2008 as a final order of Court. A
true and correct copy of the 1/30/09 Order is attached hereto, marked Exhibit "A" and
made a part hereof. A true and correct copy of the 7/11/08 Order is attached hereto,
marked Exhibit "B" and made a part hereof.
10. In accordance with the terms of the 7/11/08 and 1/30/09 Orders:
a. The parties share legal custody of the Child;
b. Petitioner, Eliza White, has primary physical custody of the Child;
C. Respondent, Luke Knox, has partial physical custody of the Child.
11. The 7/11/08 and 1/30/09 Orders should be modified so that Mother is granted sole legal
custody of the Child because:
a. Father refuses to communicate about the Child with Mother in any reasonable
manner. He often resorts to name calling. He fails to return her calls in a timely
manner. He has given her mixed messages about her ability to contact him in
matters regarding the Child.
b. Father refuses or fails to make prompt decisions about or for the benefit of the
Child, particularly he failed to take any action regarding the selection of the Child's
- 3 -
preschool for the fall of 2009.
C. Father for the most part does not participate in the regular health care of the Child.
d. The parties underwent co-parenting counseling which did not succeed in that
Father could not control his anger towards Mother and thus far has failed to
engage in any meaningful therapy which could assist him in this regard.
12. The 7/11/08 and 1/30/09 Orders should be modified to the form attached hereto, marked
Exhibit "C" and made a part hereof because:
a. The child is now older and able to have more than one overnight with Father;
b. The current schedule prevents both parties from having a full weekend with the
child.
C. The current schedule makes it difficult if not impossible for the child to participate
in family events, social activities and extracurricular activities participation in which
are, and will continue to be, in his best interest.
d. The current schedule interferes with the child's school arrangements
WHEREFORE, Petitioner respectfully requests this Honorable Courtto enter an Order modifying
the July 11, 2008 and January 30, 2009 Orders by granting Mother sole legal custody of the
Child and modifying the physical custody schedule to an alternating weekend schedule as set
forth on Exhibit "C" attached hereto and made a part hereof.
espectfully S miffed,
FtE
DI DCLIFF, ESQUI
( egistration No 32112)
3448 Trindle Road, Camp Hill, PA 17011
Email: dianeradcliff@comcast.net
Phone: (717) 737-0100 • Fax: (717) 975-0697
Counsel for Plaintiff/Petitioner
Dated: March 24. 2010
-4-
VERIFICATION
I verify that the statements made in the foregoing.document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
ELIZA W
Date: c3? l ?'? 1 d
- 5 -
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and
in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure:
Service by First Class Mail Addressed as Follows:
Michael O. Palermo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(Counsel for Respondent)
istration No 32112)
Camp Hill, PA 17011
Email: dianeradcliff(D-comcast.net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Petitioner
Dated: March 24. 2010
-6-
EXHIBIT "A"
JANUARY 30, 2009 ORDER OF COURT
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
ORDER OF COURT
AND NOW, this 30°' day of January, 2009, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' child, Bradshaw Knox (d.o.b. April 12,
2005), and following a hearing held on January 29, 2009, the custodial terms of the order
of court dated July 11, 2008, are entered as a final order.
BY THE COURT,
ichael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
1
m?ane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIIL ACTION - LAW
NO. 07-5470 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
J, Wesley Oler ., J.
ALI
., . E 11a o? ?; r f07
EXHIBIT "B"
JULY 11 , 2008 ORDER OF COURT
VUL 0 S 2008
LUKE KNOX
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZA WHITE
Defendant
Prior Judge: M.L. Ebert, Jr., J.
No. 07-5470 Civil Term
ACTION IN CUSTODY
COURT ORDER
AND NOW, this day of July 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the _75' day of November 2008 at
9: u!q am/pw in Courtroom number r in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 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 parry shall file with the
Court and opposing counsel a Memorandum setting forth each party'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 five days prior to the hearing date.
2. The Prior Order of Court dated October 19, 2007 and April 11, 2008 are hereby
VACATED.
3. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child, Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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. Each parent shall notify the
other parent as soon as practicable regarding the Child's medical appointments.
4. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule:
a. Commencing July 11, 2008, Father shall have physical custody of
Bradshaw every Friday, picking Bradshaw up from day care until
Saturday evening at 6:30 pm whereby Mother shall pick Bradshaw up
from Father's residence and Father shall have physical custody every
Tuesday, picking Bradshaw up at day care, until Wednesday morning
dropping Bradshaw off at day care.
b. Should Father not be able to exercise physical custody due to his medical
condition, Father shall be entitled to a "make up" day/overnight during the
week that the period had to be missed.
c. Father shall have additional periods of physical custody as the parties may
mutually agree.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
A?6. The parties shall engage in therapeutic family counseling with a mutually-agreed
to professional. The parties shall initially begin counseling with Debra Salem.
7. Neither party shall engage in physical discipline for the Child.
8. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
9. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
10. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
11. The parties are directed to continue therapy/counseling for Bradshaw as necessary
and to follow the recommendations of the therapist/counselor.
12. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
13. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
._.._._the_point-o£intoxication._The.-partiesshaU]ikewise_assure,_to-the-extent possible,. -
that other household members and/or house guests comply with this provision.
14. Holidays:
a. Commencing 2008, Easter shall be split with Mother having from 8:00 am
until 2:00 pm and Father having from 2:00 pm until 8:00 pm every year.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bradshaw's birthday and Mother celebrating the day of Bradshaw's
birthday. Times shall be by mutual agreement.
e. In even years, Father shall have Memorial day and Labor Day and Mother
shall have Fourth of July. In odd years, Mother shall have Memorial Day
and Labor Day and Father shall have Fourth of July. The times for these
holidays shall be from 9:00 am until 6:30 pm.
f. All other holidays shall be alternated and arranged as mutually agreed
upon.
15. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
16. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
/s/ 7;1. A
J.
Cc: Michael O. Palermo, Esquire
Diane G. Radcliff, Esquire
John J. Mangan, Esquire
n Testimony whereof, I here unto set my hand
nd the stal of said rt at Carlisle, Pa. .
rhi ay a, d'_
Prothotwtari
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr., J.
CONCELIAnON CONFERENCE SiJMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Primary Mother
2. A Conciliation Conference was held on October 12, 2007, an Order of Court
issued October 19, 2007, an updated Conciliation Conference was held
February 29, 2008, an Order issued April 11, 2008 and an update conference
was held July 8, 2008 with the following individuals in attendance:
The Father, Luke Knox, with his counsel, Michael O. Palermo, Esquire
The Mother, Eliza White, with her counsel, Diane Radcliff, Esquire
3. Father's position is that he would like some additional time with Bradshaw.
Father contends that he has changed his job and moved closer to Mother in
order to spend more time with his son. Father is full time employed at SCI
Camphill and unfortunately has contracted an infectious disease as a result of
his employment. Said disease has caused him to not take fiill advantage of his
currently available custodial time. Father asserts that his medical condition
has led him to not spend time with Bradshaw because Father feels that is in
his Child's best interest. Father is going to a specialist in late August to help
diagnosehreat his medical condition. Father asserts that he does not receive
any negative reports of the Child's behaviors after the Child is in his custody
and maintains that the Child's behaviors are appropriate.
4 -Mother-'-s-position-is that-Bradshaw's-behaviors-are-negative-alter-the-Child-- - -
returns to her care after Father's periods of custody. Mother asserts that
Father has not taken advantage of the time that Father already has and does
not see the point in increasing Father's custodial periods. Mother maintains
that she does desire to have Father to have regular consistent contact with the
Child and would be willing to consider additional periods of time for Father if
Father's medical condition stabilizes and Father shows a track record of
consistent custodial periods.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing before the Court. It is the Conciliator's belief that this would be in
the Child's best interest. It is expected that the Hearing will require half a
day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date:
John tquir
C y ncilia
EXHIBIT "C"
PROPOSED ORDER
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX,
Plaintiff
V.
ELIZA WHITE,
Defendant
NO. 07-5470
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY ORDER
AND NOW, this _ day of , 2010, upon consideration of Defendant's Petition
to Modify with respect to the parties' child, Bradshaw Charles Knox, born on 4/12/2005, (the
"Child") and the parties, Eliza White ("Mother") and Luke Knox ("Father") (Mother and Father
are individually "Parent" and collectively "Parents"), the July 11, 2008 and January 30, 2009
Orders are hereby vacated and IT IS HEREBY ORDERED AND DECREED that:
1. LEGAL CUSTODY. Mother shall have sole legal custody, defined in 23 Pa.C.S.A. S 5302 as
the legal right to make major non-emergency decisions affecting the best interest of a
minor child, including, but not limited to, medical, religious and educational decisions.
With regard to any emergency decisions which must be made, the Parent having physical
custody of Child at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby, but that Parent shall inform the other Parent of the
emergency and consult with him or her as soon as possible.
2. RECORDS ACCESS. The legal custody provisions herein notwithstanding, 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 of the other Parent. To the extent one Parent has possession of any such records or
information, and provided that said records are not readily available to the other Parent,
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.
3. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child:
(A) Primary Physical Custody. Mother shall have primary physical custody of the Child
and shall have physical custody of the Child for all periods not specifically reserved
for Father herein.
(B) Partial Physical Custody. Father shall have partial physical custody of the Child
in accordance with the following schedule:
(1) Alternating Weekends. Father shall have physical custody of the child on
alternating weekends from Friday between 5:15 p.m. and 5:30 p.m. until
Sunday at 6:30 p.m. Father's first alternating weekend shall be the
weekend of . If the Child is in
day care, Father shall pick up the Child at day care. If the Child is not in
day care, Father shall pick up the child at the McDonald's on Wesley Drive.
(2) Holidays/Special Days: Physical custody for major holidays and special days
shall be in accordance with the following schedule:
HOLIDAYS and
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Segment 1 8 am to 2pm Party who has the
weekend
Easter Segment 2 2pm to 8pm Party who does not
have the weekend
Memorial Day 9am to 6:30 pm Father Mother
July 4th 9am to 6:30 pm Mother Father
Labor Day 9am to 6:30 pm Father Mother
Thanksgiving Day 9am to 6:30 pm Mother Mother
Black Friday 9am to 6:30 pm Father Father
Christmas 1s' Half 12/24 at noon to 12/25 at noon Mother Father
Christmas 2"d Half 12/25 at noon to 12/26 at noon Father Mother
Mothers Day 9am to 6:30 pm Mother Mother
Fathers Day 9am to 6:30 pm Father Father
Other Holidays By Mutual Agreement -- --
-2-
(3) Vacation: Each Parent shall be entitled to two non-consecutive,
uninterrupted weeks of physical custody of the Child under and subject to
the following terms and conditions:
(a) Weeks Defined: Each week shall be scheduled to encompass the
selecting Parent's regular alternating weekend. If any vacation week
cannot be schedule to include that regular alternating weekend, then
the Parents shall switch weekends so that neither Parent has physical
custody for more than two (2) consecutive weekends. Otherwise the
alternating weekend schedule shall not be modified. The selection of
the weekends to be switched (either before or after the vacation
week) shall be made by the Parent not electing the vacation time.
(b) Advance Written Notice: Each Parent shall give the other Parent
with at least thirty (30) days advance written notice of his or her
intention to exercise each of these custodial weeks. Should either
Parent have plans scheduled for the summer, and the required thirty
(30) day notice has not been given, the Parent who first gives notice
to the other shall have the right to exercise custody on the week
selected and the other Parent shall not schedule a vacation during
that period.
(4) No Interruption: In the event a Parent is to have custody on two (2)
physical custody periods, which immediately precedes or follows each other
that Parent shall have custody of the Child without interruption between the
two (2) physical custody periods.
(5) Precedence: The Holiday/Special Day schedule shall take precedence over
any other custodial period set forth herein. The vacation weeks shall take
precedence over any other custodial period except for holidays.
4. MODIFICATION. The Parents shalt be at liberty to modify the physical custodial periods
herein provided to accommodate their respective schedules and special events, but both
Parents must be in complete agreement to any new or modified terms.
5. TRANSPORTATION/EXCHANGES. The transportation necessary for the custodial exchanges
herein set forth shall be shared by the Parents. The Parent receiving custody of the Child
shall provide the transportation for that custodial exchange. Exchanges shall take place
at the day care if the Child is in day care when the exchange is to be made. Otherwise
the exchange shall be made at the McDonald's on Wesley Drive, Mechanicsburg, PA.
Transportation for the exchanges shall be provided by the Parents, unless a Parent is
- 3 -
unavailable for making that exchange, in which event the parties shall make prior
arrangements with each other to have a known family member provide that
transportation.
6. CHILD RESTRAINTS. During periods of transportation, the Parent transporting the Child
shall ensure that seat belts and other proper protection are used when transporting the
Child.
7. EXTRACURRICULAR ACTIVITIES. Both Parents shall honor and participate in the activities
that the Child wishes to engage in. During a Parent's custodial period, that Parent shall
make certain that the Child attends any extracurricular activities and will transport the
Child to and from such activities and the preparation and practice of the activities that
are scheduled, in such time so that the Child is able to participate in those activities.
Neither Parent shall, however, shall commit the Child to activities that fall during the
other Parent's periods of custody without the consent of the other Parent, which consent
shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be
required to take the Child to an activity if that Parent is out of town during the activity.
In the event the custodial Parent is unable to deliver the Child to a particular activity, he
or she shall notify the other Parent who shall be entitled to pick up and deliver the Child
to the activity and the custodial Parent shall make certain that the Child is ready for pick
up in time to timely attend the activity.
8. PHYSICAL DISCIPLINE. Neither parent will engage in physical discipline of the child or
permit other's to physically discipline the child.
9. SCHOOL ABSENCES: If the Child is absent from school when he is in Mother's physical
custody, Mother shall notify Father of that school absences and the reason for such
absences within forty-eight (48) hours of the absence. If the Child is to be absent from
school when he is in Father's physical custody, Father shall immediately notify Mother of
that intended school absences and meet Mother at the McDonald's on Wesley Drive,
Mechanicsburg, PA to transfer custody of the Child to Mother for the regular school day
so that she may provide the care necessary for the Child during that time.
10. MAIL: Each Parent, upon receipt of mail or packages addressed to the Child from the
other Parent or any member of the other Parent's family, shall see to it that such
unopened mail or packages are immediately given to the Child.
11. ALCOHOL AND DRUGS. During any period of custody or visitation, neither Parent shall
possess or use any illegal controlled substance, nor consume alcoholic beverages to the
point of intoxication, nor permit any other person to possess or use any illegal controlled
substance, nor consume alcoholic beverages to the point of intoxication in the presence
of the Child. Further, both Parents are prohibited from giving the Child alcoholic
-4-
beverages or illegal controlled substances to use and/or consume.
12. NO DEROGATORY COMMENTS. Neither Parent will undertake, or permit by any other
person, the poisoning of the Child's mind against the other Parent, by conversation or
otherwise, any communication that explicitly or inferentially derides, ridicules,
condemns, or in any manner derogates the other Parent or extended family members.
Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange
the Child from the other Parent. At all times each Parent shall encourage and foster in
the Child a sincere respect and affection for the other Parent.
13. NO DISCUSSION. Neither Parent shall discuss any aspect of the custodial situation, other
than finalized custody schedules, with the Child. Neither Parent shall discuss any pending
legal action involving the Parents with the Child. Neither Parent utilize the Child for
purposes of conveying information or inquiries pertaining to the Child and/or any pending
legal action to the other Parent.
14. TELEPHONE CONTACT. Both Parents shall be afforded reasonable telephone contact with
the Child while in the other Parent's custody and for said purposes each Parent shall
provide the other Parent with his or her home phone number. Each Parent, step-Parent,
or live-in mate shall not unreasonably interfere with the Child's right to privacy during
such telephone conversations, nor shall listen to that conversation an extension
telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any
phone message requesting such a return call.
15. RESIDENCE ADDRESS. The parents shall notify each other of any change of address or
phone numbers as soon as practical.
16. TEMPORARY ABSENCE. When the Child will be staying away from the then custodial
Parent's residence for a period in excess of 24 hours, that Parent shall provide the other
Parent with reasonable notice of the address and phone number for the locations where
the Child will be staying.
BY THE COURT:
J.
Distribution To:
Attorney for Plaintiff: Michael 0. Palermo, Esquire, 155 South Hanover Street, Carlisle, PA 17013
Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
- 5 -
LUKE KNOX IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-5470 CIVIL ACTION LAW
ELIZA WHITE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, April 08, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at----- 4th Floor, Cumberland Coun Courthouse, Carlisle on Thursday, May 20, 2010 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. Failure to appear at the conference may provide grounds for entrv ofa temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, 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.
'4•9. 10 ('p_ m( AeA Cumberland County Bar Association
32 South Bedford Street C> n,
Pr -4p(2 C C,
?*'rmo Carlisle, Pennsylvania 17013
• Telephone (717) 249-3166
?-f• q• !o ?Uah c? rr?•1es5 -?,+o -?-J ? -
0 '
LUKE KNOX.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 07-5470 0 iE IV I?
ELIZA WHITE. c
Defendant IN CUSTODY .OW ;.
rn C, 71,
9
F"
MOTION TO RECUSE = -
Vn
AND NOW, comes Luke Knox, by and through his counsel, Michae . P rm9? Jr., r
Esquire and in support of his Motion to Recuse avers as follows:
1. There is currently a custody trial scheduled for September 15, 2010 before the
Honorable J. Wesley Oler, Jr., in the above captioned matter.
2. Petitioner seeks the recusal of the Honorable Judge J. Wesley Oler, Jr., as the
Defendant, Eliza White is employed by the County of Cumberland, specifically for
the office of Cumberland County Children and Youth Services and routinely appears
before the Honorable Court in her professional capacity.
3. Such relationship creates the appearance of a conflict of interest if not an actual
conflict of interest requiring an out of county jurist to be appointed forthwith.
4. The Honorable J. Wesley Oler has previously ruled in the above captioned case.
Attached is a copy of the Order of Court entered on June 20, 2010.
5. Attorney Diane Radcliff has been contacted and she does riot concur with the Motion.
[Wherefore clause appears on next page]
WHEREFORE, you petitioner respectfully requests that this Honorable Court grants his
,Votion to Recuse and send this matter to Court Administration or the Administrative. Offices of
Pennsylvania Courts for the assignment of another jurist to preside at the Custody trial now
scheduled for September 15. 2010.
Date: Respectfully submitted,
IV444L
Michael O. Palermo, Jr., V squire
155 South Hanover Street
Carlisle. PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Plaintiff
LUKE KNOX. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACTION - LAW
ELIZA WHITE, No. 07-5470 CIVIL
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for the above named Plaintiff, Luke Knox,
do hereby certify that I this day served a copy of the Motion to Recuse upon the following via
first class mail, postage pre-paid at Carlisle, Pennsylvania:
Diane Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
i
Date:
Respectfully- submitted
ROMINGER & ASSOCIATES
'14401124LA&- 40
Michael O. Palenno, Jr., Esquire
155 S. Hanover Street
Carlisle. Pennsylvania 17013
(717) 241-6070
Supreme Court I.D. # 93334
Attorney for Plaintiff
o. UUI1 /; i7LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V5,, : CIVIL ACTION - LAW
ELIZA WHITE, NO. 2007-5470
Defendant IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
COURT ORDER
AND NOW, this o?0" day of June, 2010, upon consideration of the attached Custody
Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the
4544 day of`;?' 2010 at q:30 61 m. At this hearing, the mother shall be the
moving party and shall proceed initially with testimony. Counsel for the parties shall file
with the Court and opposing counsel a memorandum setting forth the history of custody in
this case, the issues currently before the Court, a summary of each parties position on these
issues, a list of witnesses who will be called to testify on behalf of each party and a summary
of the anticipated testimony of each witness. This memorandum shall be filed at least five
days prior to the mentioned hearing date.
2. Pending further Order of this Court, this court's prior order of May 26, 2010 shall remain in
place as a temporary order subject to the further modification by order of court or agreement
of the parties.
cc: Diane G. Radcliff, Esquire
Michael O. Palermo, Esquire
BY THE COURT,
ift Zya,
J. esley Oler, ff, Judge
TRUE COPY FROM RECORD
M T0"1ft orN? whereof, l hero unto set my hoW
and an seal of sell at Cadbia. Pa..
TWO ?2 day of? 201n
LUKE KNOX,
Plaintiff
vs.
ELIZA WHITE,
Defendant
Prior Judge: The Honorable J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-5470
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bradshaw Charles Knox, born April 12, 2005.
2. A Conciliation Conference was held on June 16, 2010, with the following individuals
in attendance:
The father, Luke Knox, with his counsel, Michael 0. Palermo, Esquire, and
the mother, Eliza White, with her counsel, Diane G. Radcliff, Esquire.
3. The parties had a prior custody conciliation on May 20, 2010, after which there was
a temporary order issued. At the conciliation conference referenced above, there was
some further discussion with respect to a possible resolution. However, the parties
reached an impasse with respect to a decision on a permanent custody order. A
hearing is required and the Conciliator recommends an order in the form as attached.
Date: June (L 2010
?z
Hubert X. GiIro , Esquire
Custody Co iator
LUKE KNOX,
Plaintiff
v.
ELIZA WHITE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIIL ACTION -LAW
N0.07-5470 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO RECUSE
ORDER OF COURT
AND NOW, this 9~' day of September, 2010, upon consideration of Plaintiff's
Motion To Recuse and of Defendant's Answer to Motion To Recuse, a hearing is
scheduled for Wednesday, September 15, 2010, at 9:15 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania. The parties should be prepared
to proceed with the scheduled 9:30 custody hearing if the motion to recuse is denied.
BY THE COURT,
./Michael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
iane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
w
~~ Q / ~d
`~=~
afi
~~
3'. ~ Wesley Olen`, Jr.,
4"~
~ f
c~
~ ~,~
~
~~:
~n
~~
~
.~,
-~ -r
~
.~;
ra
~~
~'
LUKE KNOX,
Plaintiff
v
ELIZA WHITE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-5470 CIVIL TERM
IN CUSTODY
IN RE: PETITION FOR MODIFICATION
ORDER OF COURT
AND NOW, this 15th day of September, 2010, upon
consideration of Defendant's Petition for Modification of Custody
Order dated July 11, 2008, and Defendant's Amended Petition for
Modification of Custody Orders dated July 11, 2008, and January
30, 2009, and following a hearing held on this date, the record
is declared closed, and the matter is taken under advisement.
? Michael 0. Palermo, Esquire
155 S. Hanover, Street
Carlisle, PA 17013
For laintiff
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
For Defendant
mae
ec'.)t-is m.?.t L4C 1,
t-D
v
Mr"
0
-C z 7
o-n
C N
-a co
Cn
70
By the Court,
LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
NO. 07-5470 CIVIL TERM
ELIZA WHITE,
Defendant IN CUSTODY
IN RE: MOTION TO RECUSE
ORDER OF COURT
AND NOW, this 15th day of September, 2010, upon
consideration of Plaintiff's Motion To Recuse, and following a
hearing, the motion is denied.
-'I' Michael 0. Palermo, Esquire
155 S. Hanover, Street
Carlisle, PA 17013
For Plaintiff
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
For Defendant
:mae
nn e
9/17/10
n F..,S
cv
C")
5;c: o
By the Court,
CD
-'l
LUKE KNOX, IN THE COURT OF COMMON PLEAS 0 ? m
tiff
Pl
i CUMBERLAND COUNTY, PENNSYLV41?'WA
n
a
_<., ,
,
V. CIVIIL ACTION - LAW ?-
ELIZA WHITE,
Defendant NO. 07-5470 CIVIL TERM
ORDER OF COURT
AND NOW, this 28 h day of September, 2010, upon consideration of Defendant's
Petition for Modification of Custody Order Dated July 11, 200[8], and Defendant's
Amended Petition for Modification of Custody Orders Dated July 11, 2008 and January
30, 2009, with respect to the parties' child, Bradshaw Charles Knox (d.o.b. April 12,
2005), and following a hearing held on September 15, 2010, it is ordered and directed as
follows:
1. Except as modified herein, the terms of the Order of Court
dated July 11, 2008, shall remain in full force and effect;
2. The requirement that the parties engage in therapeutic family
counseling is eliminated, although voluntary participation in such
counseling is encouraged by the court;
3. The parties are encouraged to engage the services of an
arbitrator with authority to resolve disputes on all but the most major
parenting issues, the arbitrator's fee to be paid by the party referring
such an issue to the arbitrator;
4. The parties are encouraged to treat each other with more
respect for the sake of their child, who can not help but be affected by
the level of animosity now on display between his parents;
5. Neither party shall permit the child to see or touch any firearm
or any ammunition; and
6. The parties may deviate from the court-ordered custodial
arrangement by mutual consent.
BY THE COURT,
?Michael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
/Diane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
rc
g1
?ff
es ey (Tier 1.l
Ee
~.
(N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, ; N0. 07-5470
Plaintiff
: CIVIL ACTION -LAW
v. :~
~ ,,,,
,
~
~
_
. IN CUSTODY ~~
cx+
~ _
° ~
~
ELIZA WHITE, ~
~~~, c
-~
.....~ ~
..~r-
Defendant ~~ ~ ~~~
r ~ --r e~
~ ~'' ° ~
STIPULATION ~.
~ ~? ~c
_
`.~
~..; ~.;,
~ ~
AND NOW this day of October, 2010, comes Michael 0. Palermo, Esquire, attorney
for the Plaintiff and Diane G. Radcliff, Esquire, attorney for the De#endant, who
stipulate and agree that the foregoing Amended Order shall be entered by the Co urt.
IN WITNESS WHEREOF, Michael 0. Palermo, Esquire and Diane G. Radcliff, Esquire, have
set their hands and seals the day and year first above written.
WITNESS:
(SEAL)
MICHAEL 0. PALERMO, SQUIRE
Attorney for Plaintiff
DATE: Dc~ ~ 3. Zo ~~
LIFF, ESQUIRE
DATE: I ~ ~ ~ S ~ 't
0
~ _ ,;r a
r
FIL~'p-p`'FtGE
Fi~ ~, 1, 7
e~-~~c-~z ~~~^~~~~ eo~;~~trY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, N0. 07-5470
Plaintiff
CIVIL ACTION -LAW
v.
IN CUSTODY
ELIZA WHITE,
Defendant
AMENDED ORDER
Upon consideration of the within Stipulation of the attorneys for the parties, the
Order of Court dated September 28, 2010 is hereby amended to read as follows:
1. Except as modified herein, the terms of the Order of Court dated July
11, 2008, as amended by the Order of Court dated May 26, 2010, shall
remain in full force and effect;
2. The requirement that the parties engage in therapeutic family
counseling is eliminated, although voluntary participation is such
counseling is encouraged by the court;
3. The parties are encouraged to engage in the services of an arbitrator
with authority to resolve disputes on all but the most major parenting
issues, the arbitrator's fee to be paid by the party referring such an
issue to the arbitrator.
4. The parties are encouraged to treat each other with more respect for
the sake of their child, who cannot help but be affected by the level of
animosity now on display between the parents;
5. Neither party shall permit the child to see or touch any firearm or any
ammunition; and
* ~
6. The parties may deviate from the court-ordered custodial arrangements
by mutual consent.
Distribution to:
/Michael 0. Palermo, Esquire
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
iane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
Cast ES' rrr,.~.c
l b~a S~/rc~
~-~
BY THE COURT,
F"
Y f.r )fsj s-y gip'.
DIANE G. RADCLIFF, ESQUIRE pr'f �+,-; C0flis
�� f�Y a�
Supreme Court ID Number 32112 ANlq
3348 Trindle Road, Camp Hill, PA 17011
Telephone: 717-737-0100 • Facsimile: 717-975-0697
Email: dianeradcliff@comcast.net
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, • NO. 07-5470
•
Plaintiff
• CIVIL ACTION - LAW
•
v.
• IN CUSTODY
•
ELIZA WHITE,
Defendant • Prior Judge: J. Wesley Oler, Jr
PETITION FOR MODIFICATION OF CUSTODY ORDERS DATED
JULY 11, 2008, JANUARY 30, 2009, MAY 26, 2010 AND SEPTEMBER 28, 2010
AND NOW, comes the Petitioner, Eliza White, and files the above referenced Petition and
respectfully represents that:
1. Your Petitioner is Eliza White, an adult individual residing at 440 Mill Race Road, Unit 66,
Carlisle, PA 17013, and is the Defendant in the above referenced action. Petitioner is
hereinafter referred to as "Mother".
2. Your Respondent is Luke Knox, an adult individual residing at 530 Hogestown Road,
Mechanicsburg PA 17050, and is the Plaintiff in the above referenced action.
Respondent is hereinafter referred to as "Father".
3. The parties are the parents of the following minor child: Bradshaw Knox born 2005.
4. Custody of Bradshaw is governed by the following Orders:
a. September 28, 2010 Amended Order, ( 9/28/10 Order), attached as Exhibit "A"
and made a part hereof;
b. May 26, 2010 Order, (the 5/10/10 Order) attached as Exhibit "B" and made a
part hereof;
t_
CgtA--1 cc'M ill(
- 4 - PA---
c. January 30, 2009 Order, (1/30/09 Order), attached as Exhibit "C" and made a
part hereof; and
d. July 11, 2008 Order, (7/11/08 Order), attached as Exhibit "D" and made a part
hereof;
5. In accordance with the terms of the July 11, 2008, the January 30, 2009 and the May 26,
2010 Orders:
a. The parties share legal custody of the Child;
b. Petitioner, Eliza White, has primary physical custody of the Child;
c. Respondent, Luke Knox, has partial physical custody of the Child.
6. The 7/11/08 Order, 1/30/09 Order, 5/26/10 Order and the 9/2810 Order should be
modified because:
a. Father will be starting, or recently has started, classes and will not be available to
be with the child during his weekday custody periods.
b. The overnight transitions are difficult for Bradshaw due to inconsistencies in
schedules, parenting styles, routines and sleep schedules.
c. There has been difficulty with the transition of medicine special medicine.
d. Father does not schedule his vacation period to include his weekends.
e. Father refuses to permit Bradshaw to attend activities during his periods such as
sports practices.
f. Bradshaw wants to ride the bus but school told Mother it would not be good for
him unless he consistently rode it everyday. (He does not ride on his father's days)
g. Mother takes Bradshaw to all of his doctor's appointments because Father
refuses to permit her to schedule appointments on his days.
7. Abuse Orders:
a. Plaintiff has no information of any Protection from Abuse Orders in effect
concerning the parties or the child/ren that was entered by this or any other court
of this Commonwealth.
b. Plaintiff has no information of any Abuse Order in effect concerning the parties or
- 5 -
the child/ren that was entered by this or any other court of this Commonwealth.
8. Criminal Record/Abuse:
a. I have attached as Exhibit "E" the Criminal Record/Abuse History Verification
form required pursuant to Pa.R.C.P. No. 1915.3-2. Neither Mother, nor any
member of Mother's household, has been convicted of, or has plead guilty or no
contest to, any offense enumerated in 23 Pa.C.S. § 5329 (a) and (b), or an
equivalent offense in another jurisdiction.
b. To the best of Petitioner's knowledge, information and belief, neither Father, nor
any member of Father's household, has been convicted of, or has plead guilty or
no contest to, any offense enumerated in 23 Pa.C.S. § 5329 (a) and (b), or an
equivalent offense in another jurisdiction. Concurrently with service of this
Petition, a Criminal Record/Abuse History Verification form is being provided to the
Defendant to complete and file with the Court.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order modifying
the 7/11/08 Order, 1/30/09 Order, 5/26/10 Order and the 9/2810 Order as follows:
1. Change Monday and Wednesday visits to be from 5:30 to 6:30 pm for a dinner not
overnights.
2. Specify that vacations are to be Friday to Friday and are to include that party's
weekend unless agree to switch weekends so neither has more than 2 weekends
in a row.
3. Add extracurricular activities clause so that Father is either required to take
Bradshaw to practices and games during his time or if he cannot then to permit
Mother to provide that transportation.
Dated: 70/50/13 Respectfully submitted,
DI :NE . "ADCLIFF, E•UIRE
344; • e Road
Camp Hill, PA 17011
Telephone: (717) 737-0100
Supreme Court ID #32112
Attorney for Petitioner, Eliza White
- 6 -
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.l n Il ,,�
Date: 1t7/���/3 `l a a (.
ELIZA HITE
- 7 -
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing
document, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure:
Service by First Class Mail, Postage Prepaid and Addressed as Follows:
Michael 0. Palermo, Esquire
3300 Trindle Road
Camp Hill, Pa 17011
(Counsel for Respondent)
Luke Knox
530 Hogestown Road
Mechanicsburg PA 17050
(Respondent)
Dated: • =�
I - ' • BCLIF='�QUIRE
Sup - - - ID #32112
3448 Trindle Road, Camp Hill, PA 17011
Telephone: (717) 737-0100
Attorney for Petitioner
- 8 -
EXHIBIT "A".
SEPTEMBER 28, 2010 AMENDED ORDER OF COURT
OCT 'y 0 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, NO. 07-5470
Plaintiff
: CIVIL ACTION - LAW
v.
IN CUSTODY
ELIZA WHITE,
•
Defendant
AMENDED ORDER
Upon consideration of the within Stipulation of the attorneys for the parties, the
Order of Court dated September 28, 2010 is hereby amended to read as follows:
1. Except as modified herein, the terms of the Order of Court dated July
11, 2008, as amended by the Order of Court dated May 26, 2010, shalt
remain in full force and effect;
2. The requirement that the parties engage in therapeutic family
counseling is eliminated, although voluntary participation is such
counseling is encouraged by the court;
3. The parties are encouraged to engage in,the services of an arbitrator
with authority to resolve disputes on all but the most major parenting
issues, the arbitrator's fee to be paid by the party referring such an
issue to the arbitrator.
4. The parties are encouraged to treat each other with more respect for
the sake of their child, who cannot help but be affected by the level of
animosity now on display between the parents;
5. Neither party shalt permit the child to see or touch any firearm or any
ammunition; and
6. The parties may deviate from the court-ordered custodial arrangements
by mutual consent.
BY THE COURT,
_ _ 7j
J.I-sley Oler, Jr.,J
Distribution to:
•
Michael 0. Palermo, Esquire
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hilt, PA 17011
Attorney for Defendant
TRUECOPYfROM RECORD
tn Testi►iony whereof l hereuip,set my hand
and tt4e ee f said,. at nista,pa.,
OCT 2 0 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, : NO. 07-5470 G
Plaintiff
CIVIL ACTION - LAW
v.
IN CUSTODY
ELIZA WHITE, e3
Defendant c--)
STIPULATION
AND NOW this day of October, 2010, comes Michael 0. Palermo, Esquire, attorney
for the Plaintiff and Diane G. Radcliff, Esquire, attorney for the Defendant, who
stipulate and agree that the foregoing Amended Order shall be entered by the Court.
IN WITNESS WHEREOF,Michael 0. Palermo, Esquire and Diane G. Radcliff, Esquire, have
set their hands and seals the day and year first above written.
WITNESS:
/a I 44%P4JL4 (SEAL)
MICHAEL 0. PALERMO, SQUIRE
Attorney for Plaintiff
DATE: d( II 3g.20 tcp
( AL)
DL.i. CLIFF, ESQUIRE
A : J - - • Defe dant
DATE: I I "l \
EXHIBIT "B"
MAY 26, 2010 ORDER OF COURT
LUKE KNOX, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
ELIZA WHITE, : NO. 2007-5470
Defendant : IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
COURT ORDER
NOW, this Q(.411. day of May , 2010, upon consideration of the attached Custody
Conciliation Report, the prior custody orders in this case are hereby modified and the following
TEMPORARY Custody Order is entered:
1. The father,Luke Knox,and the mother,Eliza White,shall enjoy shared legal custody
of Bradshaw Charles Knox,born April 12, 2005.
2. Physical custody shall be handled as follows:
A. Father shall enjoy physical custody on alternating weekends from Friday at
5:30 p.m. or when the father can arrive from work to pick the child up at
daycare until Sunday at 6:30 p.m. when the mother shall pick the child up at
father's home. Father's alternating weekends shall start on Friday, May 21,
2010.
B. On the Wednesday following father's weekend, father shall have temporary
custody from at approximately 5:30 p.m. when the father picks the child up
after daycare until Thursday morning when the father shall return the child
to daycare.
C. Following mother's weekend,father shall have custody on Monday from 5:30
p.m when the father shall pick the child up from daycare until Tuesday
morning when the father shall return the child to daycare.
3. The parties shall convene again for a custody conciliation conference on Tuesday,
June 16, 2010, at 8:00 a.m. Legal counsel for the parties may contact the Custody
Conciliator directly to arrange that the conciliation conference be held via telephone
conference between the Conciliator and attorneys rather than an in person conference.
4. Over the next few weeks, the holiday schedule should be starting with the father
having Memorial Day starting at 9:00 a.m. until 6:30 p.m., with it being noted that
Memorial Day 2010 will be a Monday following the mother's weekend so father will
keep the child overnight on Monday.
5. The parties will address a permanent vacation schedule at the second custody
conciliation conference. Additionally, if the parties are unable to agree upon a
permanent order and if either party requests,at the second conciliation the conciliator
shall modify the above order and suggest a recommended order that would revert the
custody situation to the status quo that existed prior to the entry of this order.
BY THE COURT,
OLIJ
J. esley Oler, Jr. dge
cc: Diane G. Radcliff, Esquire
Michael O. Palermo, Esquire
TRUE COPY FROM RECORD
In Testimony whereof,I here unto set my hand
and of saki at Carlisle,P
Thts , ay.of L 20 10
Prothono
LUKE KNOX, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
ELIZA WHITE, : NO. 2007-5470
Defendant : IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bradshaw Charles Knox, born April 12, 2005.
2. A Conciliation Conference was held on May 20,2010,with the following individuals
in attendance:
The father, Luke Knox,with his counsel, Michael O. Palermo, Esquire, and
the mother, Eliza White, with her counsel, Diane G. Radcliff, Esquire.
3. After a lengthy conciliation, the Conciliator recommends the attached
TEMPORARY Custody Order be entered.
Date: May � , 2010
I
Hu.ert X. Gilro,, Esquire
Custody Conc. iator
EXHIBIT "C"
JANUARY 30, 2009 ORDER OF COURT
LUKE KNOX, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIIL ACTION —LAW
ELIZA WHITE, •
Defendant : NO. 07-5470 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 30th day of January, 2009, upon consideration of Plaintiff's
Complaint for Custody with respect to the parties' child, Bradshaw Knox (d.o.b. April 12,
2005), and following a hearing held on January 29, 2009, the custodial terms of the order
of court dated July 11, 2008, are entered as a final order.
BY THE COURT,
, / '
,7 i
�
=i i ; /
J Wesley Oler'., J.'
Michael O. Palermo, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attor y for Plaintiff
'me G. Radcliff, Esq.
448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
:rc
COPY FROM RECORD
/.i •,.Ata
•
EXHIBIT "D"
JULY 11, 2008 ORDER OF COURT
!JUL. 0 9 2008
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
•
v.
: No. 07-5470 Civil Term
•
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert, Jr.,J.
COURT ORDER
AND NOW, this //4`" day of July 2008,upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the '751 day of November 2008 at
q:vv am/pit in Courtroom number S' in the Cumberland County Court of
Common Pleas, Carlisle,PA 17013 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 party'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 five days prior to the hearing date.
2. The Prior Order of Court dated October 19,2007 and April 11,2008 are hereby
VACATED.
3. Legal Custody: The Father, Luke Knox, and the Mother, Eliza White, shall enjoy
shared legal custody of the minor child,Bradshaw Knox, born 4/12/05. The
parties 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 his 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
of 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. Each parent shall notify the
other parent as soon as practicable regarding the Child's medical appointments.
4. Physical Custody: The Mother shall have primary physical custody of Bradshaw
subject to Father's partial physical custody pursuant to the following schedule:
a. Commencing July 11, 2008,Father shall have physical custody of
Bradshaw every Friday, picking Bradshaw up from day care until
Saturday evening at 6:30 pm whereby Mother shall pick Bradshaw up
from Father's residence and Father shall have physical custody every
Tuesday,picking Bradshaw up at day care, until Wednesday morning
dropping Bradshaw off at day care.
b. Should Father not be able to exercise physical custody due to his medical
condition, Father shall be entitled to a"make up"day/overnight during the
week that the period had to be missed.
c. Father shall have additional periods of physical custody as the parties may
mutually agree.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
9k6. The parties shall engage in therapeutic family counseling with a mutually-agreed
to professional. The parties shall initially begin counseling with Debra Salem.
7. Neither party shall engage in physical discipline for the Child.
8. In the event of a medical emergency,the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
9. The parties are directed to utilize appropriate child restraints when transporting
Bradshaw.
10. The parties are directed to notify one another of any change in address or phone
number as soon as practicable.
�` 11. The parties are directed to continue therapy/counseling for Bradshaw as necessary
and to follow the recommendations of the therapist/counselor.
12.Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
13. During any periods of custody or visitation,the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point_ofintoxication._The_parties shall__likewise_.assure,_to_the-extent_possible,
that other household members and/or house guests comply with this provision.
14. Holidays:
a. Commencing 2008, Easter shall be split with Mother having from 8:00 am
until 2:00 pm and Father having from 2:00 pm until 8:00 pm every year.
b. Christmas shall be alternated between the parties in even and odd
numbered years commencing 2008 with Mother having Christmas Eve
and Father having Christmas Day. In odd numbered years Father shall
have Christmas Eve and Mother shall have Christmas Day.
c. Thanksgiving shall be split with Mother having Thanksgiving Day from
8:00 am until 2:00 pm and Father having from 2:00 pm until 8:00 pm.
d. Bradshaw's Birthday shall be arranged with Father celebrating the day
before Bradshaw's birthday and Mother celebrating the day of Bradshaw's
birthday. Times shall be by mutual agreement.
e. In even years, Father shall have Memorial day and Labor Day and Mother
shall have Fourth of July. In odd years, Mother shall have Memorial Day
and Labor Day and Father shall have Fourth of July. The times for these
holidays shall be from 9:00 am until 6:30 pm.
f. All other holidays shall be alternated and arranged as mutually agreed
upon.
15. Each parent shall have two non-consecutive weeks of vacation with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of
the requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations,the
party first providing written notice shall have the choice of vacation. Prior to
departure,the parties will provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
16. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
// . ,e a. , 4.
J.
Cc: Michael O. Palermo, Esquire
Diane G. Radcliff,Esquire
John J. Mangan, Esquire
TRUE COPY FROM N&C‘OtiLi
�► Testimony whereof, I here unto set my ham
nd the seal of said Co rt at Carlisle, Pa.
day o IV 8
Prothonotar.
•
•
LUKE KNOX : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 07-5470 Civil Term
ELIZA WHITE
Defendant : ACTION IN CUSTODY
Prior Judge: M.L. Ebert,Jr.,J.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B),the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Bradshaw Knox 4/12/05 Primary Mother
2. A Conciliation Conference was held on October 12,2007, an Order of Court
issued October 19, 2007, an updated Conciliation Conference was held
February 29, 2008, an Order issued April 11, 2008 and an update conference
was held July 8, 2008 with the following individuals in attendance:
The Father, Luke Knox, with his counsel,Michael O. Palermo, Esquire
The Mother, Eliza White, with her counsel,Diane Radcliff, Esquire
3. Father's position is that he would like some additional time with Bradshaw.
Father contends that he has changed his job and moved closer to Mother in
order to spend more time with his son. Father is full time employed at SCI
Camphill and unfortunately has contracted an infectious disease as a result of
his employment. Said disease has caused him to not take full advantage of his
currently available custodial time. Father asserts that his medical condition
has led him to not spend time with Bradshaw because Father feels that is in
his Child's best interest. Father is going to a specialist in late August to help
diagnose/treat his medical condition. Father asserts that he does not receive
any negative reports of the Child's behaviors after the Child is in his custody
and maintains that the Child's behaviors are appropriate.
4. Mother-'s-position-is-that Bradshaw's behaviors-are negative after-the-Child
returns to her care after Father's periods of custody. Mother asserts that
Father has not taken advantage of the time that Father already has and does
not see the point in increasing Father's custodial periods. Mother maintains
that she does desire to have Father to have regular consistent contact with the
Child and would be willing to consider additional periods of time for Father if
Father's medical condition stabilizes and Father shows a track record of
consistent custodial periods.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing before the Court. It is the Conciliator's belief that this would be in
the Child's best interest. It is expected that the Hearing will require half a
day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date: .( �
John . M. I_• , Esquir:
Cu ody •nciliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, • NO. 07-5470
•
Plaintiff
• CIVIL ACTION - LAW
•
v.
• IN CUSTODY
•
ELIZA WHITE,
•
Defendant
PETITIONER'S CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
I, Eliza White, hereby swear or affirm, subject to the penalties of law including 18 Pa.C.S.A. §4904
relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I, nor any member
of my household, have been convicted or plead guilty or no contest or was adjudicated
delinquent where the record is publically available pursuant to the Juvenile Act, 42
Pa.C.S.A. §6307 to any of the following crimes in Pennsylvania or substantially equivalent
crimes in any other jurisdiction, including pending charges:
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ 18 Pa.C.S. Ch. 25 ❑ ❑
(relating to criminal homicide)
❑ 18 Pa.C.S. §2702 ❑ ❑
(relating to aggravated
assault)
❑ 18 Pa.C.S. §2706 ❑ ❑
(relating to terroristic threats)
❑ 18 Pa.C.S. § 2709.1 ❑ ❑
(relating to stalking)
❑ 18 Pa.C.S. §2901 ❑ ❑
(relating to kidnapping)
❑ 18 Pa.C.S. §2902 ❑ ❑
(relating to unlawful restraint
- 1 -
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
El 18 Pa.C.S. §2903 ❑ El
(relating to false
imprisonment)
El 18 Pa.C.S. §2910 ❑ ❑
(relating to luring a child into
a motor vehicle or structure)
❑ 18 Pa.C.S. § 3121 El El
(relating to rape)
❑ 18 Pa.C.S. §3122.1 El El
(relating to statutory sexual
assault)
El 18 Pa.C.S. §3123 El El
(relating to involuntary
deviate sexual intercourse)
❑ 18 Pa.C.S. §3124.1 ❑ ❑
(relating to sexual assault)
El 18 Pa.C.S. §3125 ❑ ❑
(relating to aggravated
indecent assault)
❑ 18 Pa.C.S. §3126 ❑ ❑
(relating to indecent assault)
❑ 18 Pa.C.S. §3127 El El
(relating to indecent
exposure)
El 18 Pa.C.S. §3129 ❑ ❑
(relating to sexual
intercourse with animal
El 18 Pa.C.S. §3130 ❑ ❑
(relating to conduct relating
to sex offenders
❑ 18 Pa.C.S. §3301 ❑ ❑
(relating to arson and related
offenses)
- 2 -
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ 18 Pa.C.S. §4302 ❑ ❑
(relating to incest
❑ 18 Pa.C.S. § 4303 ❑ ❑
(relating to concealing death
of child)
❑ 18 Pa.C.S. §4304 ❑ ❑
(relating to endangering
welfare of children)
❑ 18 Pa.C.S. §4305 ❑ ❑
(relating to dealing in infant
children
❑ 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution and
related offenses)
❑ 18 Pa.C.S. §5903(c) or (d) ❑ ❑
(relating to obscene and
other sexual materials and
performances)
❑ 18 Pa.C.S. §6301 ❑ ❑
(relating to corruption of
minors)
❑ 18 Pa.C.S. §6312 ❑ ❑
(relating to sexual abuse of
children)
❑ 18 Pa.C.S. §6318 ❑ ❑
(relating to unlawful contact
with minor)
❑ 18 Pa.C.S. §6320 ❑ ❑
(relating to sexual
exploitation of children)
❑ 23 Pa.C.S.A. §6114 (relating ❑ ❑
to contempt for violation of
protection order or
agreement)
- 3 -
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ Driving under the influence of ❑ ❑
drugs or alcohol
❑ Manufacture, sale, delivery, ❑ ❑
holding, offering for sale or
possession of any controlled
substance or other drug or
device
2. Unless indicated by my checking the box next to an item below, neither I nor any member
of my household have a history of violent or abusive conduct including the following:
Check all Description Self Other Date
that apply Household
Member
❑ A finding of abuse by a Children & Youth ❑ ❑
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
❑ Abusive conduct as defined under the ❑ ❑
Protection from Abuse Act in Pennsylvania
or similar statute in another jurisdiction
❑ Other: ❑ ❑
3. Please list any evaluation, counseling or other treatment received following conviction or
finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relation ship to the child:
- 4 -
5. If you are aware that the other party or member(s) of the other party's household has or
have a criminal/abuse history, please explain:
/ 4 vr► 1 C e r/- i n ∎A ( C i rGu 74e141 C.61 clit-dC.- ., ,Yr 7r
471 on-, C 01 i4Gei h<Lnvu ' ,SIB i rk J 1640X t/l O l` L' i - p v h awl i�
►N IMF' cutS/DG ke r iv"� L4 tF L1t,k.t speke y �✓-dfk O
l{,�o,ivf pve✓id t S/
I verify that the information above is true and correct to the best of my knowledge, information or
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date: /0 /4 isl /3 faa
Sign re
E 1'24 ttih/fC-
Printed Name
- 5 -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, • NO. 07-5470
•
Plaintiff
• CIVIL ACTION - LAW
•
v.
• IN CUSTODY
•
ELIZA WHITE,
•
Defendant
PETITIONER'S CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
I, Luke Knox, hereby swear or affirm, subject to the penalties of law including 18 Pa.C.S.A. §4904
relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I, nor any member
of my household, have been convicted or plead guilty or no contest or was adjudicated
delinquent where the record is publically available pursuant to the Juvenile Act, 42
Pa.C.S.A. §6307 to any of the following crimes in Pennsylvania or substantially equivalent
crimes in any other jurisdiction, including pending charges:
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ 18 Pa.C.S. Ch. 25 ❑ ❑
(relating to criminal homicide)
❑ 18 Pa.C.S. §2702 ❑ ❑
(relating to aggravated
assault)
❑ 18 Pa.C.S. §2706 ❑ ❑
(relating to terroristic threats)
❑ 18 Pa.C.S. § 2709.1 ❑ ❑
(relating to stalking)
❑ 18 Pa.C.S. §2901 ❑ ❑
(relating to kidnapping)
❑ 18 Pa.C.S. §2902 ❑ ❑
(relating to unlawful restraint
- 1 -
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ 18 Pa.C.S. §2903 ❑ ❑
(relating to false
imprisonment)
❑ 18 Pa.C.S. §2910 ❑ ❑
(relating to luring a child into
a motor vehicle or structure)
❑ 18 Pa.C.S. § 3121 ❑ ❑
(relating to rape)
❑ 18 Pa.C.S. §3122.1 ❑ ❑
(relating to statutory sexual
assault)
❑ 18 Pa.C.S. §3123 ❑ ❑
(relating to involuntary
deviate sexual intercourse)
❑ 18 Pa.C.S. §3124.1 ❑ ❑
(relating to sexual assault)
❑ 18 Pa.C.S. §3125 ❑ ❑
(relating to aggravated
indecent assault)
❑ 18 Pa.C.S. §3126 ❑ ❑
(relating to indecent assault)
❑ 18 Pa.C.S. §3127 ❑ ❑
(relating to indecent
exposure)
❑ 18 Pa.C.S. §3129 ❑ ❑
(relating to sexual
intercourse with animal
❑ 18 Pa.C.S. §3130 ❑ ❑
(relating to conduct relating
to sex offenders
❑ 18 Pa.C.S. §3301 ❑ ❑
(relating to arson and related
offenses)
- 2 -
•
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ 18 Pa.C.S. §4302 ❑ ❑
(relating to incest
❑ 18 Pa.C.S. § 4303 ❑ ❑
(relating to concealing death
of child)
❑ 18 Pa.C.S. §4304 ❑ ❑
(relating to endangering
welfare of children)
❑ 18 Pa.C.S. §4305 ❑ ❑
(relating to dealing in infant
children
❑ 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution and
related offenses)
❑ 18 Pa.C.S. §5903(c) or (d) ❑ ❑
(relating to obscene and
other sexual materials and
performances)
❑ 18 Pa.C.S. §6301 ❑ ❑
(relating to corruption of
minors)
❑ 18 Pa.C.S. §6312 ❑ ❑
(relating to sexual abuse of
children)
❑ 18 Pa.C.S. §6318 ❑ ❑
(relating to unlawful contact
with minor)
❑ 18 Pa.C.S. §6320 ❑ ❑
(relating to sexual
exploitation of children)
❑ 23 Pa.C.S.A. §6114 (relating ❑ ❑
to contempt for violation of
protection order or
agreement)
- 3 -
•
Check Crime Self Other Date of conviction, Sentence
all that Household guilty plea, no contest
apply Member or pending charges
❑ Driving under the influence of ❑ ❑
drugs or alcohol
❑ Manufacture, sale, delivery, ❑ ❑
holding, offering for sale or
possession of any controlled
substance or other drug or
device
2. Unless indicated by my checking the box next to an item below, neither I nor any member
of my household have a history of violent or abusive conduct including the following:
Check all Description Self Other Date
that apply Household
Member
❑ A finding of abuse by a Children & Youth ❑ ❑
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
❑ Abusive conduct as defined under the ❑ ❑
Protection from Abuse Act in Pennsylvania
or similar statute in another jurisdiction
❑ Other: ❑ ❑
3. Please list any evaluation, counseling or other treatment received following conviction or
finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relation ship to the child:
- 4 -
5. If you are aware that the other party or member(s) of the other party's household has or
have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge, information or
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
Signature
Luke Knox
Printed Name
- 5 -
EXHIBIT "B"
Notice Regarding Relocation - 23 Pa.C.S. 5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUKE KNOX, • NO. 07-5470
•
Plaintiff
• CIVIL ACTION - LAW
•
v.
• IN CUSTODY
•
ELIZA WHITE,
•
Defendant
NOTICE OF REQUIREMENTS SET FORTH 23 Pa.C.S. 5337
REGARDING RELOCATION
A relocation is defined as a change in a residence of the child which significantly impairs the
ability of a non-relocating party to exercise custodial rights 23 Pa.C.S. 5322.
No relocation shall occur unless every individual who has custody rights to the child consents
to the proposed relocation or the court approves the proposed relocation.
If a party seeks to relocate, that party shall notify every other individual who has custody rights
to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. 5337.
Specifically, the relocating party must notify every other individual who has custody rights to the
child by certified mail, return receipt requested. The notice must then comply with the following
requirements:
Notice must be sent no later than:
(1) the 60th day before the date of the proposed relocation; or
(2) the 10th day after the date that the individual knows of the relocation if the
individual did not know and could not reasonably know of the relocation in
sufficient time to comply with the 60 day notice requirement and it is not
reasonably possible to delay the date of relocation so as to comply with the 60 day
notice requirement.
Unless otherwise excused by law, the following information must be included in the notice:
(1) The address of the intended new residence.
EXHIBIT "B"
Notice Regarding Relocation - 23 Pa.C.S. 5337
(2) The mailing address, if not the same as the address of the intended new
residence.
(3) Names and ages of the individuals in the new residence, including individuals who
intend to live in the new residence.
(4) The home telephone number of the intended new residence, if applicable.
(5) The name of the new school district and school.
(6) The date of the proposed relocation.
(7) The reasons for the proposed relocation.
(8) A proposal for a revised custody schedule.
(9) Any other information which the party proposing the relocation deems appropriate.
(10) A counter-affidavit as provided under subsection (d)(1) which can be used to
object to the proposed relocation and modification of a custody order.
(11) A warning to the non-relocating party that if the non-relocating party does not file
with the Court an objection to the proposed relocation within 30 days after receipt
of notice, that party shall be foreclosed from objecting to the relocation.
If any of the aforementioned information is not known when the notice is sent but is later made
known to the party seeking the relocation, then that party shall promptly inform every individual
who received notice.
If the non-relocating parent objects to the proposed move he/she must do so by filing the
counter-affidavit with the Court and the other party within 30 days. The notice of objection to the
opposing party must be sent by certified mail, return receipt requested. If no objection is made
in the manner set forth above then it shall be presumed that the non-relocating parent has
consented to the proposed relocation and the Court will not accept testimony challenging the
relocation in any further review of the custodial arrangements.
The Court shall hold an expedited full hearing on the proposed relocation after a timely objection
has been filed and before relocation occurs. The Court may permit relocation before a full
hearing if the court finds that exigent circumstances exist.
C,
LUKE KNOX IN THE COURT OF COMMON PLEAS OF —_,
PLAINTIFF = � ��
CUMBERLAND COUNTY, PENNSYLVA
r— c-)
V. t 2007-5470 CIVIL ACTION LAW 7> co
<' "1 -f
ELIZA WHITE •
IN CUSTODY r'
DEFENDANT N ci I
SJ,I
ORDER OF COURT
AND NOW, Thursday,November 07,2013 , upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,Esq. , the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,December 13,2013 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including,but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P.No. 1915.17 regarding relocation.
FOR THE COURT,
By: Is/ Hubert X. Gilroy, Esq. f
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
0 PO Carlisle, Pennsylvania 17013
0 pcikii Lst Telephone (717)249-3166
rc2 et m o, -o r
o,y �s //* 7"Q
itler/12
di o � t �
,P,P r
LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA,
C--> +..e
vs. CIVIL ACTION - LAW a=
X,r+n T -
ELIZA WHITE, NO. 2007-5470 A rj Vic;
Defendant IN CUSTODY cv ..ic)
=C>
Prior Judge: The Honorable M.L. Ebert, Jr. y-
COURT ORDER s
AND NOW,this day of January,2014, upon consideration of the attached Custody
Conciliation report, it is ordered and directed that all prior Custody orders entered in this case are
vacated and replaced with the following Order:
1. The father,Luke Knox,and the mother,Eliza White,shall enjoy shared legal custody
of Bradshaw Charles Knox, born April 12, 2005.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father shall enjoy periods of partial physical custody of the minor child as
follows:
A. On alternating weekends from Friday until Monday. During the current
school year, mother shall deliver child to father on Friday evening at
approximately 5:15,and father shall return the child to the mother at mother's
home on Monday at such time as to allow father to get to his designated
employment at 8:00 a.m. If the Monday after father's weekend is a day
where the minor child is off school,father may retain custody during that day
and deliver the child back to the mother at 5:00 p.m that evening.
B. On the Thursday following father's weekend and immediately preceding
mother's weekend, father shall have custody from Thursday evening at
approximately 5:15 when mother shall deliver the child to the father's home
until Friday morning when father shall return the child to the mother
consistent with the schedule outlined above.
C. At such other times as agreed upon by the parties.
4. Both parents shall enjoy two non-consecutive weeks of vacation with the minor child
each year. The week vacation shall include the parent's scheduled weekend. Each
parent shall notify the other parent at least thirty days in advance as to when they
intend to exercise their vacation time.
5. Once the child starts in a different school district in the fall of 2014, the parties will
need to negotiate alternate times with respect to pick up of the minor child and
delivery of the minor child as set forth above.
6. The following holiday schedule shall control and shall supercede any of the
provisions set forth above:
A. Christmas shall be divided into two segments; Segment `A' shall be from
Christmas Eve at noon until Christmas Day at noon and Segment `B' shall
from Christmas Day at noon until December 26 at noon. Father shall have
Segment `A' in odd numbered years and mother having Segment `B' in odd
numbered years with the parties alternating in even numbered years.
B. For the Easter holiday, Mother shall always have custody from Saturday at
5:00 p.m. until Sunday at 2:00 p.m. and father shall always have custody
from Sunday at 2:00 p.m. through Monday morning.
C. In even years, father shall have Memorial Day and Labor Day and mother
shall have July 4`h , with odd years mother having Memorial Day and Labor
Day and father having July 4`h. The time frame shall be from 9:00 a.m. until
6:30 p.m.
D. For the Thanksgiving holiday, the holiday shall be split into two segments;
Segment `A' shall be Wednesday, at 5:00 p.m. until Thanksgiving Day at
2:00 p.m. and Segment `B' shall be from 2:00 p.m Thanksgiving Day until
Friday at 9:00 a.m. The parties shall alternate those segments each year with
the father having Segment `A' and the mother having Segment `B' in 2014
and the parties alternating thereafter.
E. The mother shall always have custody on Mother's Day and the father shall
always have custody on Father's Day with the exchange times being 9:00
a.m. to 6:00 p.m.
7. Neither parent shall permit the child to see or touch any firearm or any ammunition
subject,however,to the understanding that father has a permit to carry a weapon and
his carrying of a weapon while he has custody of the child shall not be deemed a
violation of this Order.
8. The parties may modify or alter the custody schedule set forth above as they agree.
Absent an agreement,the parties shall follow the Order set forth herein. In the event
either party desires to modify this Order,that party may petition the Court to have the
case again scheduled with the Custody Conciliator for a Conciliation Conference.
No party shall be permitted to relocate the residence of the child where said relocation will
significantly impair the ability to exercise custody unless every individual who has custodial
rights to the child consents to the proposed relocation or the court approves the proposed
relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337.
BY ,
Thomas A.Plaoey
Common Pleas Judge
cc: </iiane G. Radcliff, Esquire
hael O. Palermo, Esquire
LL
LUKE KNOX, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
ELIZA WHITE, NO. 2007-5470
Defendant IN CUSTODY
Prior Judge: The Honorable M.L. Ebert, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bradshaw Charles Knox, born April 12, 2005.
2. A Conciliation Conference was held on January 16, 2014, with the following
individuals in attendance:
The father, Luke Knox, with his counsel, Michael O. Palermo, Esquire, and
the mother, Eliza White, with her counsel, Diane G. Radcliff, Esquire.
3. The parties agree to the entry of order in the form as attached.
Date: January 16 , 2014 'A V,
Hubert X. Gilroy squire
Custody Concil' for