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HomeMy WebLinkAbout03-5240TIMOTHYA. WOLF Plaint`' INTHE COURT OFCOMIKONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 0 3- 5.2 -lo ( tLd 7 KARENM. WOLF Defendant CIDILACTION. LAWINCUSTODY TO THE HONORABLE JUDGE OFSAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Timothy Allen Wolf, residing at 13.20 A. Oak Lane, New Cumberland, Cumberland County, Pennsylvania 17o7o. 2. The Defendant is Karen Marie Wolf, residing at 1629 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania,17o5o. 3. Plaintiff seeks visitation of the following child: Name: Kaitlyn Marie Wolf, Address: 1629 Airport Drive, Mechanicsburg, PA,17o5o, Date of Birth: October 17,1996. The child was not born out of wedlock. The child is presently in the custody of Karen Wolf, Mother/Defendant. who resides at 1629 Airport Drive, Mechanicsburg, Pennsylvania,17o5o. During the past five (5) years, the child has resided with the following persons at the following addresses: (list all persons, addresses, and dates resided at that residence) Name: Karen M. Wolf Addresses: 1629 Airport Drive, Mechanicsburg Length of Time: 3 months Name: Timothy A. Wolf & Karen M. Wolf Address: 1629 Airport Drive, Mechanicsburg Length of Time: birth to July 2003 The Mother of the child is Karen Wolf, currently residing at 1629 Airport Drive, Mechanicsburg, Pennsylvania. She is married. The Father of the child is Timothy A. Wolf, currently residing at 132o A, Oak Lane New Cumberland, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) 6. Plaintiff has not participated as a party of witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: Plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: &A 7. The best interest and permanent welfare of the child will be served by granting the relief requested because (explain why granting oj'the relief requested will be in the best interest and permanent welfare of the child): &A 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: (Name, Address, Basis of Claim): N/A WHEREFORE, Plaintiff requests the court to grant partial custody of the minor child, Kaitlyn Marie Wolf. Respectfully Submitted, BrVWS:--Vl dlk, Esquire amen, Smith, Dietterick, & Connelly Attorney ID 63881 134 Sipe Avenue Hummelstown, PA 17o36 (717) 533-328o TIMOTHYA. WOLF IN THE COURT OF C01MMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: KARENM. WOLF CIWLACTION: LAWINCUSTODY Defendant CERTIFICATE OFSERVICE I hereby certify that on the " el day of lb -4 ( iP 2003 a copy of the Complaint for Custody was served by certified mail, return receipt requested, addressee copy of the Complaint for Custody upon the person named below as the last known address, in accorda rice with the applicable Rules of Procedure, addressed asfollows: Karen M. Wolf 1629 Airport Drive Mechanicsburg, PA 17050 Br;al?S. Whlk, Esquire ames, Smith, Dietterick, & Connelly Attorney ID 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 c> c K •? t (? l L ' vc ?? ''.?, - _ n ter, ?' _ ? \ L i., 1 ?i \ ? ` c ?'t 7? ?, rte, d TIMOTHY A. WOLF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5240 CIVIL ACTION LAW KAREN M. WOLF IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday October 08, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 10, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa reey Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with. Disabilites Act of 1990. For 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 '6? (' ? . ? 7Y`J E'er • 6 0/ VNv','?l lSNNLd 6 ! :c" !'J 6- ijU ;,?1r AJ IN THE COURT OF TIMOTHY A. WOLF, V. KAREN M. WOLF, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHO] Please enter Wolf. ARY: appearance of the undersigned on behalf' of the Defendant Karen M. /00 Date: Donald ger, quire HOWETT, KISSINGER & C EY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717):234-2616 Counsel for Defendant, Karen M. Wolf p CC O ? Q t 2 a8 x w Za? r TIMOTHY A. WOLF, Plaintiff N0 2 2003 IN THE COURT OF COMMON EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM V. CIVIL ACTION - LAW KAREN M. WOLF, Defendant IN CUSTODY GUIDO, J. --- ?, ORDER OF COURT AND NOW, this day of November, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order vacates and replaces provisions of the Protection for Abuse Order docketed to 03-2994 to the extent that it provides for periods of partial custody in Paragraph 5 of said Order. 2. Legal Custody. The parties, Timothy A. Wolf and Karen M. Wolf, shall have shared legal custody of the minor child, Kaitlyn Marie Wolf, born October 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From November 22, 2003 at 5:30 p.m. until November 23, 2003 at 1:00 p.m. B. December 6, 2003 at 5:30 p.m. until December 7, 2003 at 7:30 p.m. C. Commencing December 20, 2003 on alternate weekends from Saturday at 5:30 p.m. until Monday morning when the child is returned to school. NO. 03-5240 CIVIL TERM D. Commencing November 17, 2003, each Monday after school until 7:30 p.m. 4. Holidays. Holidays shall supersede the regular schedule. A. The parties will share the Thanksgiving holiday in 2003 by their mutual agreement. B. Christmas 2003. The parties will share holiday custodial time in 2003 during Christmas Eve, Christmas Day and December 27, 2003 for a special gathering. The parties will coordinate sharing time with the child in light of travel and work schedules. The parties have committed to try to preserve as much of the child's Christmas holiday traditions as possible, in light of the parents' available time off from work this year. 5. Transportation. The parties custodial exchanges shall occur at a public place as agreed through counsel. 6. The Custody Conciliation Conference shall reconvene on January 20, 2004 at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: Bryan S. Walk, Esquire, P.O. Box 650, Hershey, PA 17033 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101"G0 cawaro L. Guido, J. AtNN1 olat?Sh11V 0£ *8 WV 1- 330 CC AL'VIGYc?i ? ?? j NOV 2 4 2003 TIMOTHY A. WOLF, Plaintiff V. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 • The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn Marie Wolf October 17, 1996 Mother 2. Father filed a Complaint for Custody on October 3, 2003. The Custody Conciliation Conference convened on November 17, 2003 with the following individuals in attendance: the Father, Timothy A. Wolf, and his counsel, Bryan S. Walk, Esquire; the Mother, Karen M. Wolf, and her counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement in the /f of ar Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :221157 JAN 2 9 2004 V TIMOTHY A. WOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM V. KAREN M. WOLF, Defendant CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this day of FAIJ't? , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order vacates and replaces provisions of the Protection for Abuse Order docketed to 03-2994 to the extent that it provides for periods of partial custody in Paragraph 5 of said Order. 2. Legal Custody. The parties, Timothy A. Wolf and Karen M. Wolf, shall have shared legal custody of the minor child, Kaitlyn Marie Wolf, born October 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 30, 2004, on alternating weekends from Friday at 5:30 p.m. until Monday morning when the child is returned to school or daycare. B. Effective February 4, 2004, on alternating Wednesdays from 4:00 p.m. until 7:30 p.m. The custodial exchange for this period of partial custody shall occur at the Giant. NO. 03-5240 CIVIL TERM C. Effective February 9, 2004, on alternating weeks from Monday after school until Wednesday morning when the child is returned to school or daycare. 4. Transportation. To the extent that a custodial exchange does not occur with Father picking up or dropping of the child at school or Kinder Care, the parties' custodial exchanges shall occur at Giant parking lot. 5. The custodial parent will assist the child making a telephone call each day to the non-custodial parent. In the event that the non-custodial parent is unavailable when the call is initiated, the call will be placed again 15 minutes later so that the child can speak with the non-custodial parent. The parties' contact and conversation shall be limited to the subject of the health, education and well-being of the child and those issues attendant to the custody and well-being of the child. 6. The Custody Conciliation Conference shall reconvene on March 15, 2004 at 11:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that a schedule for future holidays and vacation shall be discussed. By February 20, 2004, the parties shall exchange proposals for holiday and vacation schedules. In the event that the parties are able to reach an agreement prior to the March 15, 2004 Custody Conciliation Conference, by mutual agreement of counsel, the Custody Conciliation may be canceled. BY THE Z%; Edward E. Guido, J. Dist: i/Bryan S. Walk, Esquire, P.O. Box 650, Hershey, PA 17033 ,/ Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 oa-o3-(0`J =I ??d ?-03JhOOZ 03HI 40 TIMOTHY A. WOLF, V. KAREN M. WOLF, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn Marie Wolf October 17, 1996 Mother 2. The parties' second Custody Conciliation Conference was held on January 20, 2004 with the following individuals in attendance: the Father, Timothy A. Wolf, and his counsel, Bryan S. Walk, Esquire; the Mother, Karen M. Wolf, and her counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement for a Temporary Order in the form as attached. Another Custody Conciliation Conference will be scheduled for March 2004 to address holidays and vacations. However, counsel are to exchange proposals by February 20, 2004 in anticipation that the dialogue may resolve these matters. If so, by mutual consent, the March 2004 Conciliation may ca ed. Va ?Itl be w Date Me issa Peel Greevy, Esquire Custody Conciliator :223569 JUL 2 6 2004 `? TIMOTHY A. WOLF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-5240 CIVIL TERM V. CIVIL ACTION - LAW KAREN M. WOLF, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this P-7 9W day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order vacates and replaces provisions of the Protection for Abuse Order docketed to 03-2994 to the extent that it provides for periods of partial custody in Paragraph 5 of said Order. 2. Leaal Custody. The parties, Timothy A. Wolf and Karen M. Wolf, shall have shared legal custody of the minor child, Kaitlyn Marie Wolf„ born October 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective July 30, 2004, on alternating weekends from Friday at 8:30 a.m. until Monday morning when the child is returned to school or daycare. B. Effective August 4, 2004, on alternating Wednesdays from 4:00 p.m. until 7:30 p.m. The custodial exchange for this period of partial custody shall occur at the Giant. NO. 03-5240 CIVIL TERM C. Effective August 9, 2004, on alternating weeks from Monday after school until Wednesday morning when the child is returned to school or daycare. 4, Transportation. Upon the expiration of the PFA, transportation will be shared by the parent receiving custody having responsibility to provide transportation incident to the custodial exchange. 5. The custodial parent will assist the child making a telephone call each day to the non-custodial parent. In the event that the non-custodial parent is unavailable when the call is initiated, the call will be placed again 15 minutes later so that the child can speak with the non-custodial parent. The parties' contact and conversation shall be limited to the subject of the health, education and well-being of the child and those issues attendant to the custody and well-being of the child. 6. Vacation. For 2004, Mother shall have custody from August 1, 2004 through August 8, 2004 and August 16, 2004 through August 23, 2004. Father will have custody for August 9, 2004 through August 15, 2004 and July 16, 2004 through July 23, 2004. The custodial exchange to occur on August 8, 2004 will occur by 7:00 p.m. The exchange may occur in Harrisburg or in Maryland as part of Mother's return to the Harrisburg area from her trip. The vacation schedule shall take precedence over the regular schedule. In subsequent years, each parent shall be entitled to up to four (4) weeks of custody during the summer school recess for purpose of vacation. Said weeks shall be non- consecutive. The parties shall provide each other with notice of their planned vacation time by March 30th of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation time. The parties shall exchange information regarding their planned destination and telephone number where they can be reached. 7. In the event that that the child is not in school due to illness, weather, or in- service days, the parent with custody in the morning shall have responsibility for the child's care that day. 8. In the event either party is unavailable to provide care for the child during his or her period of custody for four hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. NO. 03-5240 CIVIL TERM 9. The Custody Conciliation Conference shall reconvene on October 5, 2004 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that a schedule for future holidays shall be discussed. In the event that the parties are able to reach an agreement prior to the October 5, 2004 Custody Conciliation Conference, by mutual agreement of counsel, the Custody Conciliation may be canceled. BY THE C RT: Edward E. Guido, J. Dist: Ali a M. Dils, Esquire, 1017 N. Front Street, Harrisburg, Pa 17102 g nald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 d o,?.a ViNt /V',A' ."dad I I to 6z :9 WY 9z 1nr hQOZ AwiaNriHiodd 3Hi d0 TIMOTHY A. WOLF, Plaintiff V. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn Marie Wolf October 17, 1996 Mother 2. The parties' third Custody Conciliation Conference was held on July 8, 2004 with the following individuals in attendance: the Father, Timothy A. Wolf, and his counsel, Diane M. Dils, Esquire; the Mother, Karen M. Wolf, and her counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement for a Temporary Order in the form as attached with another Custody Conciliation Conference will be scheduled for purposes of establishing a holiday schedule. 7 ),310 Date Melissa Peel Greevy, Esquire Custody Conciliator :223445 OCT 2 5 2004 TIMOTHY A. WOLF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 140.03-5240 CIVIL TERM V. : CIVIL ACTION - LAW KAREN M. WOLF, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this day of Ocfter, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order vacates and replaces provisions of the Protection for Abuse Order docketed to 03-2994 to the extent that it provides for periods of partial custody in Paragraph 5 of said Order and this Court's Order of July 27, 2004. 2. Legal Custody. The parties, Timothy A. Wolf and Karen M. Wolf, shall have shared legal custody of the minor child, Kaitlyn Marie Wolf, born October 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective October 23, 2004, on alternating weekends from Friday at 8:30 a.m. until Monday morning when the child is returned to school or daycare. B. Effective October 27, 2004, on alternating Wednesdays from 4:00 p.m. until 7:30 p.m. The custodial exchange for this period of partial custody shall occur at the Giant. NO. 03-5240 CIVIL TERM C. Effective November 1, 2004, on alternating weeks, from Monday after school until Wednesday morning when the child is returned to school or daycare. 4. Transportation. Upon the expiration of the PFA, transportation will be shared by the parent receiving custody having responsibility to provide transportation incident to the custodial exchange. 5. The custodial parent will assist the child making a telephone call each day to the non-custodial parent. In the event that the non-custodial parent is unavailable when the call is initiated, the call will be placed again 15 minutes later so that the child can speak with the non-custodial parent. The parties' contact and conversation shall be limited to the subject of the health, education and well-being of the child and those issues attendant to the custody and well-being of the child. 6. Vacation. The vacation schedule shall take precedence over the regular schedule. Commencing in 2005, each parent shall be entitled to up to four (4) weeks of custody during the summer school recess for purpose of vacation. Said weeks shall be non-consecutive. The parties shall provide each other with notice of their planned vacation time by March 30th of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation time. The parties shall exchange information regarding their planned destination and telephone number where they can be reached. 7. In the event that that the child is not in school due to illness, weather, or in- service days, the parent with custody in the morning shall have responsibility for the child's care that day. 8. In the event either party is unavailable to provide care for the child during his or her period of custody for four hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 9. Holidays. The following holiday schedule shall take precedence over the regular schedule and the vacation schedule: A. Mother's Day / Father's Day. Mother will have custody for Mother's Day. Father will have custody for Father's Day. The custodial period for these holidays shall be from 6:00 p.m. the Saturday before the holiday until the following Monday morning when the child is returned to daycare. NO. 03-5240 CIVIL TERM B. Parents' Birthdays. The custodial period for birthdays shall be from 6:00 p.m. on the evening before the parent's birthday until the morning after the parent's birthday when the child is returned to daycare. C. Thanksgiving. The parents will alternate which parent chooses the locale of the Thanksgiving holiday. Father will have choice in even- numbered years, Mother will have choice in odd-numbered years. The Thanksgiving holiday will be defined as that period of time from the Wednesday before Thanksgiving after school or daycare until 2:30 p.m. Thanksgiving Day. Each year, Father will have custody for Thanksgiving from the Wednesday at the time the child is picked up from school or daycare until 2:30 p.m. Thanksgiving Day. Mother will pick up the child on Thanksgiving commencing at 2:30 p.m. if Father elects to celebrate the Thanksgiving holiday in Harrisburg or Buffalo, New York. The parties will give each other thirty (30) days notice of their intended plans for Thanksgiving. D. Easter. Easter shall be shared on an alternating A/B schedule. Segment A shall be from 6:00 p.m. the day before Easter until 3:00 p.m. on Easter Sunday. Segment B shall be from 3:00 p.m. Easter Sunday until Monday morning when the child is returned to school. In odd-numbered years, Mother will have Segment A and Father will have Segment B. In even- numbered years, Father will have Segment A and Mother will have Segment B. E. Independence Day. The parties will alternate the Independence holiday. Father will have custody for this holiday in odd-numbered years and Mother will have custody for this holiday in even-numbered years. This holiday shall be defined as July 3rd at 6:00 p.m. until July 5t' when the child is returned to school or daycare. F. Halloween. Mother shall have custody for trick-or-treat night 2004. Father will have custody an additional night in October 2004 to observe Halloween holiday activities with the child. Assuming that the PFA has expired, commencing 2005, the parties will observe trick-or-treat night together with the child. NO. 03-5240 CIVIL TERM G. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 23rd after school until December 25th at 2:30 p.m. Segment B shall be from December 25th at 2:30 p.m. until December 27th at 2:30 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. For the years 2004 and 2005, Mother will have choice of the locale for the Christmas holiday. For the years 20,06 and 2007, Father will have choice of the local for the Christmas holiday. The parties will work cooperatively to allow the child to attend various family holiday parties over the Christmas school break. 10. Make-up Time. Father shall be entitled to a three (3) day weekend and one (1) weekday in makeup time to occur by December 23, 2004. In the future, the parties are encouraged to trade time when adequate notice is available. Future make-up time shall occur within thirty (30) days. If the parties have notice of weekend time that will be missed, the missed time will be made up either the weekend before or the weekend after. BY THE Edward E. Guido, J. Dist: ee M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ?Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 LL 't WA i r hoN {YV4 Kd3 jjg,io, 4i d ]Hi 80 TIMOTHY A. WOLF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.03-5240 CIVIL TERM V. CIVIL ACTION - LAW KAREN M. WOLF, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the! following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn Marie Wolf October 17, 1996 Mother 2. The parties' fourth Custody Conciliation Conference was held on October 14, 2004 with the following individuals in attendance: the Father, Timothy A. Wolf, and his counsel, Diane M. Dils, Esquire; the Mother, Karen M. Wolf, and her counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :237674 It r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY A. WOLF, Plaintiff V. KAREN M. WOLF, Defendant TO THE PROTHONOTARY: NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Donald T. Kissinger, Esquire, on behalf of Karen M. Wolf, Defendant in the above-captioned custody action, and enter the appearance of Elizabeth Beckley, Esquire. Respectfully submitted, Date: Y ! 6O 1e), C ? Date: l"! Donald T. Kissinger, EsquiW Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Counsel for Defendant, Karen M. Wolf Effizabpth Beckley, Esq6ife' BEC EY & MADDEN 212 North 3`d Street/ P.O. Box 11998 Harrisburg, PA 17101-1505 V , r CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was served upon the following and in the manner indicated below: VIA FIRST CLASS MAIL Diane M. Dils, Esquire Dils & Dils 1400 North Second Street Harrisburg, PA 17102 J Dated: October 10, 2006 iza S. Bec ley, s 're {` ; i:- t ? ?_- _- ?} t_. _ -i t ? i ?==" C>'o ,.._ ? ?=3 [?? ? ?? LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Timothy A. Wolf, Plaintiff TIMOTHY A. WOLF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 03-5240 CIVIL TERM KAREN M. WOLF, CIVIL ACTION= LAW Defendant IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF COURT ORDER FOR CUSTODY AND NOW this day of , 2009 comes the Petitioner, Timothy A. Wolf, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Timothy A. Wolf, an adult individual currently residing at 1320-A Oak Lane, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Respondent, Karen M. Wolf, is the Defendant above named, an adult individual currently residing at 1629 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of one child; namely: Kaitlyn Marie Wolf, born October 17, 1996. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated November 1, 2004, setting forth the current custodial arrangements regarding the minor child. 5. Your Petitioner, Timothy A. Wolf, hereby avers that the Respondent has violated the current Order as follows: a. Paragraph 8 of the Court Order provides for a four hour right of first refusal. On November 5, 2007, the Respondent was unable to care for the child from after school until approximately 9:00 p.m.; however, the Respondent refused to let your Petitioner to be with his daughter from after school to approximately 9:00 p.m., or whenever she returned home from a work commitment. b. Paragraph 5 of the Court Order provides for telephone contact each day to the non-custodial parent. During the telephone calls between the child and Respondent while in the Petitioner's care, the Respondent permits the child to speak with other members of her family and friends, and the telephone calls are normally placed right before bedtime however, Respondent extends her telephone calls with the minor child for periods in excess of twenty minutes which is unreasonable. On Thanksgiving in 2007, the Respondent did not permit the minor child to call your Petitioner. This has occurred on numerous occasions in the past. The Respondent indicates she either forgot to have her call or the child fell asleep early. c. On numerous occasions when your Petitioner had the minor child in his custody, and the child was unavailable to speak with the Mother on the telephone for the evening contact, the Mother calls your Petitioner multiple times, up to six (6) times in a row, and leaves very nasty threatening messages, indicating she will call the police if she does not get a return call. The Respondent also permits her boyfriend to contact the minor child during these times and leave messages. d. The Court Order in Paragraph 2 provides for shared legal custody of the child. The parties jointly decided the minor child would be raised Catholic and that she would attend religious education classes on Sundays. During the 2006-2007 school year, the Respondent unilaterally stopped sending the child to the religious education classes indicating to your Petitioner that she decided that she did not want the child to go anymore. The Respondent never discussed this with your Petitioner and your Petitioner was unaware of this change. Your Petitioner does not agree with this change. e. Paragraph 6 of the Court Order dated November 1, 2004 provides for each parent to be entitled of four (4) weeks of custody during the summer school recess for purpose of vacation. Said weeks shall be non-consecutive. Each party shall provide the other with notice of their planned vacation time by March 30thof each year. The Plaintiff provided notification to Defendant of his desired four (4) weeks for the summer of 2008 prior to March 30, 2008, said notification occurred on March 16, 2008. The Defendant provided notification to Plaintiff on June 3, 2008 of her desired periods of summer vacation with the minor child. In addition, the Defendant did not exercise the summer vacation periods in seven consecutive day intervals, but instead utilized one week as individual days, a portion of which interfered with the requested weeks of the Plaintiff. f. The Defendant is unreasonable in her requests and demands in connection with Plaintiff's scheduled vacation periods with their daughter. For instance, the Plaintiff had a vacation planned in North Carolina with his daughter and on the return date, Defendant demanded the child be returned to her at 10:00 a.m. g. When the Plaintiff was obviously unable to return the child by 10:00 a.m. upon the conclusion of this summer vacation with his daughter, the Defendant thereafter refused to permit the Plaintiff to enjoy the scheduled Labor Day holiday, simply refusing to turn the child over to Plaintiff. h. The parties had agreed that they would share the cost of school pictures for their daughter for the 2008-2009 school year. Even though Plaintiff paid his share, Defendant refused to give him his portion of the photographs until the Plaintiff refunded her one-half of the cost of a dance which the minor child attended during one of Father's custodial periods. Plaintiff was completely unaware of Defendant's request. i. During the summer of 2008 Defendant refused to permit Plaintiff to acquire custody of their daughter for a vacation period, until certain documents were turned over to her in connection with the parties' divorce. 6. Your Petitioner is unable to communicate with the Respondent in such a way that these details can be worked out amicably. 7. Your Petitioner respectfully requests that the parties engage in family therapeutic counseling utilizing PA Guidance Associates. Your Petitioner believes that it is in his daughter's best interest that he and his wife utilize a professional to assist in their communication. WHEREFORE, Father respectfully prays your Honorable Court to find the Mother in contempt of the Order and to grant him primary physical custody of Kaitlyn Marie Wolf, born October 17, 1996. Respectfully submitted, BY: Diane M. Mils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 EXHIBIT "A" UC ? 2 5 2004 My ?? ? DATE /?? TIMOTHY A. WOLF, Plaintiff V. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this day of OaMer, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order vacates and replaces provisions of the Protection for Abuse Order docketed to 03-2994 to the extent that it provides for periods of partial custody in Paragraph 5 of said Order and this Court's Order of July 27, 2004. 2. Legal Custody. The parties, Timothy A. Wolf and Karen M. Wolf, shall have shared legal custody of the minor child, Kaitlyn Marie Wolf, born October 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective October 23, 2004, on alternating weekends from Friday at 8:30 a.m. until Monday morning when the child is returned to school or daycare. B. Effective October 27, 2004, on alternating Wednesdays from 4:00 p.m. until 7:30 p.m. The custodial exchange for this period of partial custody shall occur at the Giant. mn n?_.?an r1V11 TERM C. Effective November 1, 2004, on alternating weeks, from Monday after school until Wednesday morning when the child is returned to school or daycare. 4. Transportation. Upon the expiration of the PFA, transportation will be shared by the parent receiving custody having responsibility to provide transportation incident to the custodial exchange. 5. The custodial parent will assist the child making a telephone call each day to the non-custodial parent. In the event that the non-custodial parent is unavailable when the call is initiated, the call will be placed again 15 minutes later so that the child can speak with the non-custodial parent. The parties' contact and conversation shall be limited to the subject of the health, education and well-being of the child and those issues attendant to the custody and well-being of the child. 6. Vacation. The vacation schedule shall take precedence over the regular schedule. Commencing in 2005, each parent shall be entitled to up to four (4) weeks of custody during the summer school recess for purpose of vacation. Said weeks shall be non-consecutive. The parties shall provide each other with notice of their planned vacation time by March 30th of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation time. The parties shall exchange information regarding their planned destination and telephone number where they can be reached. 7. In the event that that the child is not in school due to illness, weather, or in- service days, the parent with custody in the morning shall have responsibility for the child's care that day. 8. In the event either party is unavailable to provide care for the child during his or her period of custody for four hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 9. Holidays. The following holiday schedule shall take precedence over the regular schedule and the vacation schedule: A. Mother's Dav / Father's Da v. Mother will have custody for Mother's Day. Father will have custody for Father's Day. The custodial period for these holidays shall be from 6:00 p.m. the Saturday before the holiday until the following Monday morning when the child is returned to daycare. Nn n.,i_.qgan rivii TFRM B. Parents' Birthdays. The custodial period for birthdays shall be from 6:00 p.m. on the evening before the parent's birthday until the morning after the parent's birthday when the child is returned to daycare. C. Thanksgiving. The parents will alternate which parent chooses the locale of the Thanksgiving holiday. Father will have choice in even- numbered years, Mother will have choice in odd-numbered years. The Thanksgiving holiday will be defined as that period of time from the Wednesday before Thanksgiving after school or daycare until 2:30 p.m. Thanksgiving Day. Each year, Father will have custody for Thanksgiving from the Wednesday at the time the child is picked up from school or daycare until 2:30 p.m. Thanksgiving Day. Mother will pick up the child on Thanksgiving commencing at 2:30 p.m. if Father elects to celebrate the Thanksgiving holiday in Harrisburg or Buffalo, New York. The parties will give each other thirty (30) days notice of their intended plans for Thanksgiving. D. Easter. Easter shall be shared on an alternating A/B schedule. Segment A shall be from 6:00 p.m. the day before Easter until 3:00 p.m. on Easter Sunday. Segment B shall be from 3:00 p.m. Easter Sunday until Monday morning when the child is returned to school. In odd-numbered years, Mother will have Segment A and Father will have Segment B. In even- numbered years, Father will have Segment A and Mother will have Segment B. E. Independence Day. The parties will alternate the Independence holiday. Father will have custody for this holiday in odd-numbered years and Mother will have custody for this holiday in even-numbered years. This holiday shall be defined as July 3rd at 6:00 p.m. until July 5th when the child is returned to school or daycare. F. Halloween. Mother shall have custody for trick-or-treat night 2004. Father will have custody an additional night -in October 2004 to observe Halloween holiday activities with the child. Assuming that the PFA has expired, commencing 2005, the parties will observe trick-or-treat night together with the child. TIMOTHY A. WOLF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff r NO. 03-5240 CIVIL TERM V. CIVIL ACTION - LAW KAREN M. WOLF, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CAVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn Marie Wolf October 17, 1996 Mother 2. The parties' fourth Custody Conciliation Conference was held on October 14, 2004 with the following individuals in attendance: the Father, Timothy A. Wolf, and his counsel, Diane M. Dils, Esquire; the Mother, Karen M. Wolf, and her counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :237674 -- ---- NO. 03-5240-CIVIL TERM G. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 23?d after school until December 25th at 2:30 p.m. Segment B shall be from December 25th at 2:30 p.m. until December 27th at 2:30 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. For the years 2004 and 2005, Mother will have choice of the locale for the Christmas holiday. For the years 2006 and 2007, Father will have choice of the local for the Christmas holiday. The parties will work cooperatively to allow the child to attend various family holiday parties over the Christmas school break. 10. Make-up Time. Father shall be entitled to a three (3) day weekend and one (1) weekday in makeup time to occur by December 23, 2004. In the future, the parties are encouraged to trade time when adequate notice is available. Future make-up time shall occur within thirty (30) days. If the parties have notice of weekend time that will be missed, the missed time will be made up either the weekend before or the weekend after. BY THE Edward E. Guido, J. Dist; Diane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 TRUE CeW P in T mony ? h, _:raoe and t seal of said t r .......... d _RECORD (into set my hand :arlisle, Pa. :.V-.., 4 VERIFICATION PETITION FOR CONTEMPT AND I verify that the statements made in this MODIFICATION OF COURT ORDER FOR CUSTODY 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. TIMOTHY A. Date: February 12, 2009 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Contempt and Modification of Court Order for Custody has been served upon the following individual by first class, United States mail, postage prepaid, by depositin same at the post office in Harrisburg, Pennsylvania, on the day of , 2009, addressed as follows: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Respectfully submitted, BY: Mane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Datea/ ° t.c.. C ` L TIMOTHY A. WOLF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN M. WOLF DEFENDANT 2003-5240 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , 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 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, March 19, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. 14 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 V rz? 0 6?" ^t 4?T T? i'4 ._ w TIMOTHY A. WOLF, Plaintiff/Petitioner V. KAREN M. WOLF, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. 03 -- 5240 DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S PETITION FOR CONTEMPT AND MODIFICATION OF COURT ORDER FOR CUSTODY AND NOW comes the Defendant, Karen M. Wolf, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles 0. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Answer and Counterclaim to Plaintiffs Petition for Contempt and Modification of Court Order for Custody, and in opposition thereto avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant has not violated the current Order. a. Denied. Defendant specifically denies failing to provide Plaintiff the right of first refusal on November 5, 2007. By way of further response, Defendant is employed full time and routinely picks up the child after work at approximately 5:30 from her daycare. Defendant's employer is very flexible and does not require Defendant to attend after work functions if she can not bring the child to the function or if it will impact Defendant's child care arrangements. Defendant has made it a practice not to participate in after work activities in which she can not bring the child with her. b. Denied. The averments contained in Paragraph 5.b. are very vague and do not allow Defendant to provide a specific answer. By way of further response, when Defendant speaks with the child while in the Plaintiff's care, Defendant allows the child to dictate the length of their telephone conversation. The child is welcome to end her phone call at any time. As for family and friends also speaking with the child, Defendant has no specific knowledge of this ever happening as Defendant's family lives in excess of 5 hours away and thus would not be present for Defendant's phone calls. Furthermore, when Defendant's family does visit it is typically over a weekend when Defendant has custody of the child as Defendant is employed full time. In response to the allegations regarding phone calls to the Plaintiff, Defendant specifically denies not allowing the child to speak with Plaintiff on the telephone. Defendant has the child call the Plaintiff pursuant to the terms of the Court Order when the child is in her custody. As for the allegation that Defendant did not allow the child to speak with the Plaintiff on Thanksgiving, 2007, the same is also denied. The purpose of the telephone calls to the non-custodial parent is to ensure that each parent has daily contact with the child. The Thanksgiving holiday is shared by the parties so that Plaintiff has the first half of the holiday every year thus he had the opportunity to speak with the child on Thanksgiving, 2007. C. Admitted in part and Denied in part. It is admitted that there have been instances when the Defendant has tried contacting the child multiple times while in Plaintiff's custody. The reason for the multiple calls is that Defendant has not received her daily call with the child or there has been an urgent matter to discuss with the child. Defendant remembers a specific instance where the child's dog was very ill and Defendant kept trying to reach the child and Plaintiff so that the child could say good bye to the dog before it had to be put down. Defendant did not receive a return call until after 10:00 p.m. that evening. It is Denied that Defendant leaves nasty threatening messages. Defendant has indicated in her messages that Plaintiff is in violation of the Court Order by denying her the ability to speak with their child but that is simply a fact. It is also 2 denied that Defendant's boyfriend contacted the child while in Plaintiff's custody; however, Defendant has used her boyfriend's telephone to contact the child for their daily phone call. d. Admitted in part and Denied in part. It is admitted that the parties share legal custody of the child. It is also admitted that during the marriage the parties decided to raise the child in the Catholic religion. The rest of the allegations contained in Paragraph 5.d. are denied. By way of further response, Defendant and Defendant alone did have the child participate in the Catholic Church and related activities for more than two years following the parties' separation. Plaintiff provided no support or assistance with the same. The child was obligated to attend mass and CCD every week. Defendant did have the child attend during her custodial periods but Plaintiff routinely did not have the child participate during his custodial periods. More than two years after the parties separation, Defendant did inform Plaintiff that she felt that she and the child were not being treated properly by the Priest in her church because she and the Plaintiff were in the middle of a divorce. As a result Defendant told Plaintiff she was no longer going to attend that church and would be exploring other options for her faith. The following fall Plaintiff was furious that Defendant hadn't registered the child for CCD despite the fact that she told him she would no longer be attending that church. Defendant reminded Plaintiff that they have joint legal custody and that he was free to register the child for CCD but he chose not to. Plaintiff does not attend Catholic Church on a regular basis nor has he requested that they register the child at any church he attends. Plaintiff is under the mistaken belief that the child's religious upbringing is the Defendant's sole responsibility and accepts no responsibility for the same himself. e. Denied. Plaintiff and Defendant have never followed the custody order as written for the summer custody periods. In fact, in 2006, Plaintiff took a period of 20 days of custody with the child and did not allow the Defendant to see the child during that time frame. Plaintiff himself has also taken a week of miscellaneous dates 3 claiming the order did not say they had to be consecutive days. It is hypocritical for Plaintiff to now complain about Defendant taking 7 days that were non-consecutive given that he himself did the same thing. f. Denied. On the contrary it is the Plaintiff who is unreasonable with regard to his requests and demands regarding vacation time. Plaintiff routinely picks a period of vacation. Defendant plans accordingly and at the last minute Plaintiff expects Defendant to change her plans because he needs different times having previously selected his period of custody. Defendant's vacation was scheduled for August 2°d through August 8d'. Plaintiff scheduled his vacation for August 9d' through August 15th. Plaintiff then demanded that Defendant give up the evening of the 8d' with the child as well as the entire day of August 16`h. Plaintiff and Defendant negotiated that if Plaintiff gave Defendant some documentation for their divorce (which had been required to be produced by the Divorce Master many months prior) by a certain date, she would give Plaintiff one of the additional days he requested. Plaintiff failed to give Defendant the documentation by the designated date; however, Defendant did give custody of the child to Plaintiff on the evening of August 8th so that Plaintiff could get an early start to his vacation. Defendant made it clear to Plaintiff that she expected the child to be returned to her in the morning of the 16th to accommodate a day trip Defendant previously planned for the child and some friends. Plaintiff did not return the child to Defendant until the evening of the 16th thus causing the child to miss out on the previously made plans. g. Denied. Plaintiff was not unable to return the child by 10:00 a.m. on the 16th he simply chose not to. After Plaintiff returned with the child, Defendant requested that the time she missed with the child be made up. Plaintiff refused to accommodate the same. Defendant decided to take the child to Raystown Lake for Labor Day weekend and informed the Plaintiff prior to her departure that she would return the child to him by 5:00 p.m. and would consider this as her make-up time for having lost the 4 entire day on August 16tH h. Denied as stated. The parties did share the cost of the 2008-2009 school pictures and payment for the same was paid directly to the school. The Plaintiff routinely tells the child she can attend school events during his custodial period which cost additional money but doesn't give the child the money for the activity. Defendant did request reimbursement from Plaintiff for the activity and the school pictures via email. Once Defendant received the money, she gave Plaintiff his set of pictures. Denied. Please see the response in Paragraph 5 f above. 6. Denied. On the contrary, Plaintiff is unable to abide by the decisions he makes and constantly expects Defendant to accommodate every change he desires to make without providing Defendant any accommodation for the same. Furthermore, if Plaintiff does not get his way he harasses Defendant and is verbally and emotionally abusive toward her. Defendant is more than willing to accommodate changes when she is able and hasn't scheduled something else for that time frame, but she expects the same in return. Plaintiff only ever wants to accommodate his changes, not Defendant's. 7. Defendant has no objection to family therapeutic counseling; however, she respectfully requests that the same be performed by Dr. Jose Delarme as the parties went to him when they first separated thus there would be no adjustment for the child since they have already gone to Dr. Delarme. WHEREFORE, Plaintiff, Karen M. Wolf, respectfully requests the Court to deny Plaintiff's Petition for Contempt and Modification and to further find that the filing of said Petition was frivolous, spurious and vexatious and direct the Plaintiff/Petitioner to pay Defendant/Respondent's attorneys fees, costs and expenses incurred in defending against such Petition. 5 COUNTERCLAIM FOR CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER 8. Paragraphs 1 through 8 are incorporated herein by reference as though set forth in full. 9. Plaintiff is extraordinarily unreasonable and unwilling to make any changes to the custody schedule to accommodate the Defendant; however, he expects the Defendant to alter the custody schedule whenever asked and rarely provides any make-up time to Defendant if she does change the schedule as provided in Paragraph 10 of the parties' current custody order: a. In September, 2004, Defendant's grandmother passed away. Defendant requested Plaintiff to switch periods of custody to allow Defendant and the child to attend the funeral and related gatherings out of state. Plaintiff refused to accommodate this request which meant that Defendant and the child traveled 6 hours to Buffalo, New York, attended the funeral and leave immediately so that the child would be available for Plaintiff's period of custody. Defendant and the child were unable to attend the internment and related family gathering. b. Plaintiff has had 3 deaths in his family since Defendant's grandmother's death. On all three occasions Defendant agreed to give Plaintiff additional custodial time with the child so that they could attend the funerals and related gatherings provided that she be given make-up time as provided in Paragraph 10 of the parties' current custody order. Plaintiff has failed and refused to provide Defendant with make- up time for a funeral he attended in January, 2009. C. Plaintiff uses the child to get what he wants when Defendant will 6 not give in to what Plaintiff wants. This year, 2009, Defendant provided her intended summer vacation weeks to Plaintiff first before Plaintiff ever indicated what time he wanted in the summer. Plaintiff later indicated that he wanted one of the weeks Defendant selected. Defendant told Plaintiff she had already planned a trip and activities for that time period so she would be unable to switch. Defendant also told Plaintiff not to involve the child in this discussion. The next time the child came back from the Plaintiff's period of custody she announced to her mother that her father told her if she could get her mother to switch weeks with him he would take her to the Bahamas. d. Every Thanksgiving Plaintiff has custody of the child from the day before until 2:30 p.m. on Thanksgiving Day. Defendant has custody beginning at 2:30 on Thanksgiving Day but the order is silent on when her period of custody ends. This was not an issue until 2008 because Defendant always had custody the weekend following the Thanksgiving holiday until last year. Defendant and the child spend Thanksgiving with Defendant's family in Buffalo, New York. Defendant asked Plaintiff ahead of time if she could have custody until 2:30 p.m. the day after Thanksgiving so that she and the child would have time to spend with her family and go to lunch and shopping the next day. Plaintiff refused this request knowing full well this has been a family tradition with Defendant's family. 10. Plaintiff does not have a land line telephone; he only has a cell phone so the child has no access to a telephone while in the Plaintiff's custody. Plaintiff refuses to allow the child to speak with her friends while the child is in his custody. Defendant has received telephone calls for the child and directs the children to Plaintiff's cell number. Plaintiff will not answer the child's friends' calls nor will he provide her with messages. 11. Plaintiff was verbally abusive toward Defendant when she gave the child's friends his cell number indicating that he did not want the child to receive any invitations 7 during his custodial periods as he did not want to explain to the child why she was not allowed to participate in activities during his custodial periods. 12. Plaintiff will not allow the child to play with her friends while in his care. Plaintiff has indicated that since Defendant has more custodial time than Plaintiff, all play dates must occur during Defendant's time. 13. In September, 2008, on two occasions the child was very upset and requested to be with the Defendant during the Plaintiff's custodial periods. One request was in person and one over the telephone. Both times the Plaintiff denied the child's request. During the request in person, Plaintiff took Defendant aside and told her not to support the request "or else". 14. The child has indicated on multiple occasions that she is afraid of Plaintiff and consequently doesn't ask for things she needs for fear the Plaintiff will become angry with her. 15. The child began her menstrual cycle during Plaintiff's custody in March, 2009. When the child came home to Defendant she was very upset and crying about it. Defendant asked her why she didn't call her from Plaintiff's home and the child indicated that she knew Plaintiff would be angry if she asked to go home to the Defendant. The child also indicated that she knew Plaintiff would not allow her to call her mother without what he considered to be a good reason. 16. Defendant often leaves messages on the Plaintiff's cell phone (because he has no other phone) for the child and the Plaintiff does not give the child the messages. 8 17. Plaintiff routinely has the child call Defendant way too late for their night time phone call. The child often calls after 10:00 p.m. on a school night and after 11:00 p.m. on a weekend night. 18. The Plaintiff routinely puts the child in harms way examples of which are: a. The Plaintiff, without the consent of the Defendant, took the child for a ride on his motorcycle in shorts and flip flops without the proper safety equipment; and b. The Plaintiff, without the consent of the Defendant, set up and IM account and an email account for the child using her first and last names. Despite Defendant's objection to the same, Plaintiff kept the accounts for the child but finally agreed to change the identifiers to something more generic. 19. Despite being told not to numerous times, the Plaintiff routinely harasses the Defendant at work both on her work line and her cell phone with non-emergency phone calls. WHEREFORE, Defendant/Respondent Mother respectfully requests this Court to find Plaintiff/Petitioner to be in contempt of Court of the Custody Order and order as follows: a. Plaintiff/Father shall be directed to pay any and all attorney fees, costs and expenses incurred in responding to Plaintiff's Petition for Contempt and in preparing Defendant's Counterclaim for Contempt; b. Direct that Plaintiff/Father attends Anger Management counseling at his expense to deal with his emotional outbursts; C. Direct that the parties engage in family therapeutic counseling with Dr. Jose Delarme; and 9 d. Grant any further and additional relief this Court deems appropriate. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, iza th . B Ch es kley, II 10 VERIFICATION I, Karen M. Wolf, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED:S_aq?_6y K en M. Wolf CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FACSIMILE AND FIRST CLASS MAIL: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 DATED: s---a8: r FILE F 7! y j t"Y ? l,r r t „ 2, TIMOTHY A. WOLF, Plaintiff vs. KAREN M. WOLF, Defendant PRIOR JUDGE: Edward E. Guido : in IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2003-5240 IN CUSTODY COURT ORDER AND NOW, this day of July, 2009, upon consideration of the attached Custody ? Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Orders on custody shall remain in place subject to the modifications as set forth below. 2. The 2009 summer custody schedule shall be as set forth on the attached Exhibit `A'. 3. For the Thanksgiving Holiday, it is directed that mother's second period of time on the Thanksgiving Holiday shall be a minimum of 24 hours. 4. Legal counsel for the parties may contact the Custody Conciliator to schedule another custody conciliation in this matter when and if needed. 5. The petitions for contempt filed by both parties shall be deemed to be withdrawn with the understanding that either party may initiate those petitions again and incorporate in any new petition all allegations set forth in the prior petitions. 6. The parties shall continue in co-parenting counseling and share the costs of that counseling until further Order of this Court. BY,-THE COURT, Judge Edward E. Guid9 cc: Xiane M. Dils, Esquire Xlizabeth S. Beckley, Esquire sC .-o, TIMOTHY A. WOLF, Plaintiff VS. KAREN M. WOLF, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2003-5240 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: I . The Conciliator conducted a telephone conference with legal counsel for the parties which was a follow up of an in person custody conciliation conference held that included the parties. Based upon those conferences and based upon the circumstances of this rather difficult case, the Conciliator recommends an Order in the form as attached. Date: July 7 1 2009 ALO ? Hubert X. Gilroy, E; Custody Conciliator .A MAY-30-2009 SAT 05:10 PM Beckley & Madden FAX NO. 7172333740 P. 03 WOLF 2009 SUMMER CUSTODY SCHEDULE Mom - June 5`h until June 15t' @ 10:00 a.m_ Dad - June 1.51h @ 10:00 a.m. until June 24th @ 10:00 a.m. Mom - June 24th @ 10:00 a.m. until June 26th @ 10:00 am. Dad - June 26`' @ 10:00 a.m. until June 294' @ 10:00 a.m. Morn - June 29`h @ 10:00 a.m. until July 1't @ 10:00 a.m. Dad -July 1st @ 10:00 a.m. until 7:30 p.m. (July 1) Mom -- July 1st @ 7:30 p.m. until July 3d @ 6:00 p.m. Dad - July 3Id @ 6:00 p.m. until July 8th Cg 10:00 a.m. Mom - July 8th @ 10:00 a.m. until July 10th @ 10:00 a.m. Dad - July 10`' @ 10.00 a.m. until July 19th @ 10:00 a.m. Mom - July 10' @ 10:00 a.m. until July 26th @ 10:00 a.m. Dad - July 26`h @ 10:00 a.m. until August 3rd @ 10:00 a.m. Mom - August Yd @ 10:00 a.m. until August 10`h @ 10:00 a.m. Dad - August 10th @ 10:00 a.m. until August 19th @ 10:00 a.m. Mom - August 19th @ 10:00 a.m. until August 26th (school starts) EXHIBIT A FiLFI?--C)-, I C' F OF THc pto,.;_, N'OTAp:Y 2009 JUL 21 PH 1: 50 CttoJ?s: ?.?P,1Tl`