HomeMy WebLinkAbout03-5607 IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890 CU
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, ay of ,
HEREBY ORDERED that:
upon consideration of the within Peti 1~1on IT IS
The Rule entered on September 22, 2003 is hereby made absolute.
This Court declines to exercise jurisdiction over this custody case;
The case shall be transferred to Cumberland County, PA to the custody case in that
County docketed to No. 01-623.1~.~ ~hi
J.
Stephen E. Farina
Prothonotary
OFFICE OF
¥1 ,O fHONO TA/ y
County of Dauphin
Front & Market Streets
Harrisburg, PA 17101
(717) 780-6520
Curtis R Long, Prothonotary
Cumberland County Court House
Hanover & High Streets
Carlisle, Pa 17013
IN RE: William Taylor Vs Natalie A Taylor Acri
Dauphin County Dkt No 2003 CV 3890
Cumberland County Dkt No. t~5~ - ..~,
Oct 15, 2003
Dear Sir/Madam:
By Order of October 8, 2003 by Hon Todd A. Hoover, Judge
The above matter has been transferred to the Court of Common Please of
Cumberland County.
I am, accordingly, sending originals of all the papers herewith.
I Will appreciate the return of the attached receipt address to the
Attention: of Ms. Lisandra Garcia.
Very truly yours,
Stephen E. Farina
Prothonotary
.ate: 10/15/2003
Time: 03:09 PM
Page 1 of 1
Dauphin County
ROA Report
Case: 2003-CV-3890-CU
Current Judge: No Judge
William Taylor vs. Natalie Taylor
CustodyNisitation
User: LGARCIA
Date
9/9/2003
9/11/2003
9/15/2003
9/18/2003
9/22/2003
10/3/2003
10/8/2003
10/15/2003
New Civil Case Filed This Date.
Filing: Custody Complaint Paid by: Mancke Wagner & Spreha Receipt
number: 0041740 Dated: 9/9/2003 Amount: $220.00 (Check)
Complaint in Custody, filed.
Upon consideration of the Petition for Emergency Relief, the Court hereby
DENIES the said Petition. The Court will schedule a prompt conciliation.
See ORDER filed. Copies Mailed 9-12-03.
Custody Pre-Hearing Conference Order: You are ordered to appear in
person at the Dauphin County Courthouse, Front and Market Sts., 4th
Floor, Harrisburg, PA. on September 19, 2003 at 12:00 PM for a Custody
Conciliation Conference. At the conference an effort will be made to resolve
the issues, and to enter into an agreement. Children need not be present
unless their presence is requested by the Custody Conference Officer. if
you fail to appear as provided by this Order, an Order for Custody may be
entered against you or the Court may issue a warrant for your arrest. See
ORDER, filed. Copies to Arty ........
Petition objecting to jurisdiction and requesting the transfer of the case to
Cumberland County Pennsylvania, filed
Upon consideretin of the within Petition, a Rule is entered upon the
Respondent, William Taylor, to show cause, if any he has, why the relief
requested in the within Petition should not be granted. Rule returnable five
(5) days after service. Pending the hearing or decision by this Court all
action or proceedings on the judgment entered in this matter shall be
stayed. See RULE filed. Copies Mailed 9-23-03.
Motion to Make Rule Absolute, filed
Certificate of service of Rule entered on September 22, 2003 upon
plaintiff's counsel, filed
Upon consideration of the within Petition it is hereby ORDERED that:
1. The Rule entered on September 22, 2003 is hereby made absolute.
2. This Court declines to exercise jurisdiction over this custody case;
3. The case shall be transferred to
Cumberland County, PA to the custody case in that County docketed to No.
01-623. Dauphin County Prothonotary's Office is directed to transfer
Records to Cumberland County.
The above case is hereby Transfer to the Court of Common Pleas of
Cumberland County.
.... NO MORE ENTRIES CASE TRANSFERRED****
TO COURT OF CUMBERLAND COUNTY
Judge
No Judge
No Judge
No Judge
Todd A. Hoover
No Judge
No Judge
Todd A. Hoover
No Judge
No Judge
Todd A. Hoover
No Judge
No Judge
I hereby cer~Jfy t!~t tile for~;~joing is a
true ~d corr~ c~y,.o[ i:~ orioinal
~ed.
IMAGED
WILLIAM TAYLOR,
Plaintiff
VS.
NATALIE TAYLOR,
Defendant
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNS~Y~LV,ti~I~IA
: NO. 3890 CV 2003 CU
..~
: CIVIL ACTION - CUSTODY ..<
ORDER
AND NOW, this 11th day of September 2003, upon consideration of the
Petition for Emergency Relief, the Court hereby DENIES the said Petition.
The Court will schedule a prompt conciliation.
BY THE COURT:
Todd A. Hoover, Judge
Distribution:
P. Richard Wager, Esquire, 2233 North Front Street, Harrisburg, PA 17110
Natalie a. Taylor Acri, 755 Temj Hall Road, Millersburg, PA
WILLIAM TAYLOR,
Petitioner,
V.
NATALIE TAYLOR,
Respondent.
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
:NO: (~OO.~.~ Q.XJ 3 :q0 d~
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER
AND NOW, this day of ,2003, upon Petition for
Emergency Relief filed by the father, William Taylor, a hearing is set for
the__day of ,2003, at o'clock m. in Courtroom
No.__ of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Cumberland County, Pennsylvania.
In the interim, it is hereby DIRECTED that the Respondent shall return the
children to the jurisdiction of this Court pending outcome of a hearing.
BY THE COURT:
WILLIAM TAYLOR,
Petitioner,
· IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
Joo3 ecl J qO
NATALIE A. TAYLOR ACRI,
Respondent.
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes your Petitioner, William Taylor, by and throu ~gh~s .~.
attorneys, Mancke, Wagner & Spreha, and files the following Petition for
Emergency Relief:
1. Your Petitioner, William Taylor, is an adult individual residing at 427 S.
York Street, Mechanicsburg, C-mberland County, Pennsylvania.
2. Respondent, Natalie A. Taylor Acri, is an adult individual residing in
Pottstown, Pennsylvania, at an address ,nknown to the Petitioner, having
previously lived at 755 Terry Hall Road, Millersburg, Dauphin County,
Pennsylvania.
3. Petitioner and Respondent were husband and wife, having since divorced,
and the Respondent remarried Dr. Joseph Ach.
4. The parties are the natural parents of three (3) children, Katherine, bom
September 14, 1990, Eden, born November 18, 1991, and Brooke, born June 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is the natural mother.
6. The children were all born during wedlock.
7. During the last five (5) years, the children have resided at the following
addresses with the following persons:
A. During the previous five (5) years up until January 29, 2001, with the
Petitioner and Respondent at 63 North 3 l~t Street, Camp Hill,
Cumberland County, Pennsylvania;
B. From January 29, 2001, until approximately the Summer of 2002, with
the Respondent and her husband, Dr. Joseph Acri at 63 N. 31~ Street,
Camp Hill, Cumberland County, Pennsylvania;
C. From the Summer of 2002 until the end of August 2003, at 755 Terry
Hall Road, Millersburg, Dauphin County, Pennsylvania, with the
Respondent and her husband;
D. From the end of August 2003 with the Respondent and her husband at
an address unknown in Pottstown, Pennsylvania.
8. At the end of August 2003, during a period of partial custody with the
Petitioner herein, the children confided in the Petitioner that the mother was
removing them f~om school and moving somewhere in Pottstown.
9. Petitioner herein inquired of the Respondent where she was moving, and
Respondent hn.~ refu.~d to di.qclose the location where they are livi~1~, refiz~l
to di~lose the name of the school that the children are attending, and refused to
provide the Petitioner with any contact whatsoever concerinng the move.
10. Petitioner believes and therefore avers that the move was not made in the
best interests of the children, was self-serving to the Petitioner and her new
husband, and is designed to maintain a strong relationship between the children and
the Petitioner.
11. Petitioner's immediate family as well as Respondent' s immediate family
live in the Central Pennsylvania Area, i.e., Camp Hill and Mechanicsburg area.
12. Petitioner believes the surreptitious conduct of the Respondent is
designed to defeat the Petitioner's rights of custody and partial custody of his
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
unsworn falsification to authorities.
Section 4904, relating to ~~~~
Pa.C.S.
DATE:
WILLIAM TAYLOR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
vs. : NO. 2003 CV 3890 CU
NATALIE TAYLOR ACRI,
Defendant
: CHILD CUSTODY
ORDER
You are ORDERED to appear in person at the Dauphin County
Courthouse, Front & Market Streets, 4th Floor, Harrisburg,
Pennsylvania on September 19, 2003 at noon for a Custody
Conciliation Conference.
At the conference an effort will be made to resolve the
issues, and to enter into an agreement.
Children need not be present unless their presence is
requested by the Custody Conference Officer.
If you fail to appear as provided by this Order, an Order
for custody may be entered against you or the Court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Dated:
Dauphin County Lawyer Referral
213 North Front Street
Harrisburg,
(717)
Service
Pennsylvania 17101
232-7536
09/11/2003 10:12 FAX 717 7~0 6463 COURT ADMINISTRATORS OFC ~001
CAROLYN C. THOMPSON, ESQ.
Cour~ Admini~lta~0r
(717) 780-6620
Fax - (717} 780-6463
E-Mail- c~hompson~da'uphinc.org
Address:
Dauphin County Coun House
Fron~ & ~kct
H~is burg, PA 17101
Dauphin
COURT OF COMMON PLF. AS
Twelfth Judicial Dis~'ict
FAX COVER SHEET
Deputy Court Admlnistralors
DEBORAH S FREEMAN, ESQ.
Civil Court
78{~6632
ROBERT P. HAWLEY
780-66a2
PHILIP M. INTR/EKI, ESQ.
BARBARA A, LUNDGILEN
780-6635
To: Judy Calkin
Company:
Phone:
Fax:
From: Deb Freeman
Company;
Phone:
Fax:
Date:
Pages including this
cover page:
Comments:
9/11/2003
AhY quest}ons, o~ problemsWithfax,.please call Ca;'olyn ThornPsOn at 780-6622. Thank You.
09/11/2003 10:12 FAX 717 780 6463 CO['RT ADMINISTRATORS OFC ~002
WILLIAM TAYLOR,
Plaintiff
vs.
NATALIE TAYLOR,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO, 38g0 CV 2003 CU
CIVIL ACTION - CUSTODY
ORDER
AND NOW,'this 11 th day of September 2003, upon consideration of the
Petition for Emergency Relief, the Court hereby DENIES the said Petition.
The Court will s~clule a prompt conciliation,
BY THE COURT:
Todd A. Hoover, Judge
Distribution:
P. Richard Wager, Esquire, 2233 North Front StreeL Harrisburg, PA 17110
Natalie a. Taylor Acd, 755 Terry Hall Road, Millersburg, PA
09/11/2003 I0:13 FAX 717 780 6463
COURT ADMINISTRATORS OFC
O03
W'ILLIAM TAYLOR,
P~itioneq
¥.
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
:NO: 3 qo
: CIVIL ACTION - LAW
NATALIE TAYLOR,
: IN CUSTODY
KeR~oadeat, :
AND NOW, this .day of ,2003, upon Petition for
Emergency Relief fried by the father, William Taylor, a hearing is set for
the day of ,2003, at o'clock m. in Coumoom
No. of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Cumberland County, P~nn~ylvania.
In the interim, it is hereby DIRECTED that the Respondent shall return the
children to the jurisdiction of this Court pending ~e of a hearing.
BY THE COURT:
09/i1/2003 10:13 FAX 717 ?80 8453 COURT ADHINISTRATOR$ OFC
WH~.~AMTAYLO~
P~
NATALIE A. TAYLOR. ACP, I,
THE COURT OF COMIVIOIg PLHAS
DAUPPHN COUNTY, PE~S~V~
C~ AC~ON - LAW
CUSTODY
PETfFION FOR ElWlF.~,G~_,NCY RI~.Lll~.F
~ NOW, mines yo~ Pefifion~,
aH~eys, Mnncke, W~er & Spreha, ~d ~cs ~e foHo~g P~fion for
~m~n~
1. Yo~ P~, W~ Tay~, is ~ ~ ~u~ rasing ~ 427 S.
Yo~ S~, M~c~g, Cum~ Co~, Penn~l~a.
2. Reset, N~ A. Taylor Ac~ is ~ ~ ~fl ~i~g m
P~, P~~ ~ ~ a~ ~ ~ ~e Pefi~on~, ha~g
~sly ~d at 755 Te~ ~ Ro~ ~!~sb~g, Dauphin ~W,
P~n~l~
3. P~n~ ~d R~t were hus~d ~d ~e, ha~g sm~ ~vor~
09/11/2003 10:13 FAX 717 780 6463 COURT ADMINISTRATORS 0FC ~005
4. The frarties are the natural parents ofthrce (3) children, Katherine, born
September 14, 1990, Eden, born November 18, 1991, and Brooke, bom June 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is the natural mother.
6. The children were all bom during wedlock.
7. During the last five (5) years, the children have resided at the following
addresses with the following persons:
A. During the previous five (5) years up until Sanual~ 29, 2001, with thc
Petitioner and Respondent at 63 North 31't Slreet, Camp frill.
Cumberland County, Pennsylvnnla;
B. From Janua~ 29, 2001, mttfi approxim~lo, ly tile S~mmer of 2002, with
the Respoadent and her husband, Dr. Joseph A~ri at 63 N. 31 ~ Street,
Camp Hill, C~mberland County, Pennsylvania;
C. From thc Snmmer of 2002 untiltho end of August 2003, at 755 Terry
H~II Road, Mille~burg, Dauphin County, petmsylv~n~a, with the
Respondent and he~ husband;
09/11/2003 10:13 FAX 717 780 6463 COURT ADMINISTRATORS OFC ~006
D. From lt~ end of August 2003 with the Respondgnt and her husband at
an address unknown m Pottstown, Pennsylvania.
8. Atth¢ end of Augu~t 2003, during a pmiod ofpartial custody with the
Petitioner h~rein, the children co_n_fid~ed in the P~i~oner that the mother was
removing them from school and moving somewhere m Pott~own.
9. P~ti6oner hereto mquire~ of the Responde, nt wl~rc she was moving, and
~ has refused to ai~4,~ the location wi~ere they are I~viag, refused
tO disclose the name of the school lhst *be ehildrell lire a14Ppdin~, and refused to
provide the Petitione~ with any coo~t whatsoever concerning thc movc.
! O. Peti6oner believes and thcref~e avers that the move wa~ not made in the
best interests of the children, was serf-serving to the Petitioner and her new
husband, and is designed to ma~to~ a strong relationship between the children and
the Petifoner.
11. Petitioner's immediate fmnily as well a~ R~spondent's immediate family
live in the Central Pennsylvania Area, i.e., Camp Hill and Mew, hani¢$burg area.
12. Petitioner believes the surreptitious conduct of the Respondent is
desigmxl to defeat the Petitioner's rights of custody and partial custody of his
children which is further evidenced by the fact that as of the filing of thi.q Petition,
Respondent has not disclosed to the Petitioner the location of the children, the
address, the school and the name of the medical provider or any other information
whatsoever.
13. P~Giioner has attempted to contact the Respondent, however, she has
refused to di~lose the location of the Respondent and the children.
WHERRgORE, Petitioner prays this Court to grant his emergency rellefin
the form of awarding custody of the children to h/m immeatiately, pending a hearing
to determine whether or not under Graber v. Graber, the move is in the best
interests of the children.
ate:
Respectfully submitted,
Mancke, Wagner & Spreha
h
~7. Ric ~rd Wagner, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
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.
unsworn falsification to authorities.
Section 4904, relating to ~~~
DATE:
WILLIAM TAYLOR,
Petitioner,
V.
NATALIE A. TAYLOR ACRI,
Respondent.
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
NO:
CIVIL ACTION - LAW
IN CUSTODY
PETmON FOR EMERGENCY RELIEF
AND NOW, comes your Petitioner, William Taylor, by and through his
attorneys, Mancke, Wagner & Spreha, and files the following Petition for
Emergency Relief:
1. Your Petitioner, William Taylor, is an adult individual residing at 427 S.
York Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent, Natalie A. Taylor Acri, is an adult individual residing in
Pottstown, Pennsylvania, at an address unknown to the Petitioner, having
previously lived at 755 Terry Hall Road, Millersburg, Dauphin County,
Pennsylvania.
3. Petitioner and Respondent were husband and wife, having since divorced,
and the Respondent remarried Dr. Joseph Ach.
4. The parties are the natural parents of three (3) children, Katherine, bom
September 14, 1990, Eden, bom November 18, 1991, and Brooke, bom June 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is the natural mother.
6. The children were all bom during wedlock.
7. During the last five (5) years, the children have resided at the following
addresses with the following persons:
A. During the previous five (5) years up until January 29, 2001, with the
Petitioner and Respondent at 63 North 31~t Street, Camp Hill,
Cumberland County, Pennsylvania;
B. From January 29, 2001, until approximately the Summer of 2002, with
the Respondent and her husband, Dr. Joseph Acri at 63 N. 31st Street,
Camp Hill, Cumberland County, Pennsylvania;
C. From the Summer of 2002 until the end of August 2003, at 755 Terry
Hall Road, Millersburg, Dauphin County, Pennsylvania, with the
Respondent and her husband;
D. From the end of August 2003 with the Respondent and her husband at
an address unknown in Pottstown, Pennsylvania.
8. At the end of August 2003, during a period of partial custody with the
Petitioner herein, the children confided in the Petitioner that the mother was
removing them fi.om school and moving somewhere in Pottstown.
9. Petitioner herein inquired of the Respondent where she was moving, and
Respondent has refused to disclose the location where they are livinl~, refused
to disclose the name of the school that the children are attending, and refused to
provide the Petitioner with any contact whatsoever concerning the move.
10. Petitioner believes and therefore avers that the move was not made in the
best interests of the children, was self-serving to the Petitioner and her new
husband, and is designed to maintain a strong relationship between the children and
the Petitioner.
11. Petitioner's immediate family as well as Respondent's immediate family
live in the Central Pennsylvania Area, i.e., Camp Hill and Mechanicsburg area.
12. Petitioner believes the surreptitious conduct of the Respondent is
designed to defeat the Petitioner's rights of custody and partial custody of his
children which is further evidenced by the fact that as of the filing of this Petition,
Respondent has not disclosed to the Petitioner the location of the children, the
address, the school and the name of the medical provider or any other information
whatsoever.
13. Petitioner has attempted to contact the Respondent, however, she has
refused to disclose the location of the Respondent and the children.
WHEREFORE, Petitioner prays this Court to grant his emergency relief in
the form of awarding custody of the children to him immediately, pending a hearing
to determine whether or not under Graber v. Crmber, the move is in the best
interests of the children.
ate.'
Respectfully submitted,
Mancke, Wagner & Spreha
Wagner, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
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.
DATE:
1N THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890
CIVIL ACTION - LAW
IN CUSTODY
PETITION OBJECTING TO JURISDICTION AND REQUESTING THE TRANSFER
OF THE CASE TO CUMBERLAND COUNTY PENNSYLVANIA
AND NOW, this ~'~day of September, comes the Petitioner, Natalie A. Acri, by her
attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania and
represents that:
Your Petitioner is Natalie A. Acri an adult individual residing at 792 W. Pineford,
Boyertown, Berks County, PA 19512 and is the Defendant in the above captioned case.
Your Petitioner is hereafter referred to as "Mother".
Your Respondent is William Taylor, an adult individual residing at 427 S. York Street,
Mechanicsburg, Cumberland County, PA. And is the Plaintiff in the above captioned case.
Your Respondent is hereafter referred to as "Father".
The parties are the parents of three children, to wit: Katherine, born on 9/14/90; Eden, born
on 11 / 18/91 and Brooke, bom on 6/2/96.
The children have been in the primary custody of Mother since the parties' separation on
January 29, 2001.
On May 11,200, an Order of Court was entered by the Honorable Edward Guido, Judge of
the Court of Common Pleas of Cumberland County, PA in the case captioned as follows:
Natalie A. Taylor vs. William Taylor, Cumberland County Docket No. 01-623. A true an
correct copy of the May I1, 2001 Order is attached hereto, marked Exhibit "A" and
made a part hereof.
The present action was initiated by the filing of a Petition for Emergency Relief by Father
on or about September 9, 2003. A true and correct copy of that Petition for Emergency
Relief is attached hereto, marked Exhibit "B" and made a part hereof.
No mention was made in the aforementioned Petition for Emergency Relief as to the
existence of the May 11, 2001 Cumberland County Custody Order.
The Court of Dauphin County, PA should not exercise jurisdiction over this case and the case
should be transferred to Cumberland County, PA because:
Mother, Father and the children lived at 63 North 31st Street, Camp Hill, Cumberland
County, PA from August 1996 until the parties' separation on or about January 29,
2001;
Subsequent to the parties' separation Mother and the children continued to live at 63
North 31st Street, Camp Hill, Cumberland County, PA from Janum'y 18, 2001 until
late August of 2002.
In late August 2003, Mother and the children and her current husband, Dr. Joseph
Acri, moved to 755 Tarry Hall Road, Dauphin County, PA where the continued to
reside until August 18, 2003, a period of less than one (1) year.
On August 18, 2003, as the result of a job change, which was and is of significant
benefit to the children, Mother, the children and mother's current husband, Dr. Joseph
Acri, moved to a temporary residence in Douglasville, PA and on September 17,
2003 to their permanent new home located at 792 W. Pineford, Boyertown, Berks
County, PA 19512.
There is no emergency as alleged by Father in that Mother has continued to provide
Father with his allotted partial custody rights and has provided the transportation for
the exercise of those rights even though not required to do so by the May t 1, 2003
Cumberland County, PA Order.
The statements in Father's Emergency Petition that Mother did not provide Father
with information regarding the children's residence address, school and other
information are not true.
2
The children have had, have, and will continue to have, significant contacts with
Cumberland County, PA in that:
The children have lived in Cumberland Count, PA for all but one year of their
lives;
Father lives in Cumberland County, PA and exercises his custodial rights in
that county.
The children's maternal grandparents, with whom the children have a
significant relationship, live in Camp Hill, Cumberland County, PA;
4. The children's paternal grandparents live in Cumberland County, PA;
Most of the past and much of the current and future information regarding the
children is in Cumberland County, PA;
There is no current information, nor will there be any future information
regarding the children in Dauphin County, PA.
The children have no significant contacts with Dauphin County, PA as the children,
the parents and none of the family members reside in that county.
WHEREFORE, Petitioner/Mother requests this Honorable Court to enter an order declining
jurisdiction in this case and transferring the case to Cumberland County, PA.
Respectfully submitted,
DCLIFF, ESQUIRE
oad
Cam3Ft-I/t't~A 17 011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Petitioner, Natalie A. Acri
3
VERIFICATION
I, Diane g. Radcliff, Esquire, having been duly authorized by the Petitioner, and on behalf
of the Petitioner, verify that the statements made in the foregoing Petition Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania
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
bI~DCLIF~, ESQUIRE
Dat~.' ~'~ [ ~' ] ~ '~
09/17/2002 20:45 6109709370 COVENTRYCHRISTIANSCH PAGE 01
VERIFIC, ,,"
I verify that the staterr~n~s made in ~h~ foregoing Petition oW..etlng to ,~.c~elion and
] und~rstat~ that fals~ statements h~rein ~e ~c subject to thc p~l~es of l 8 Pa.C S. Se~ion
~904, relating to unswom f~lsification to authofiti=s. I fu~t authorize my AUomey, Diane
~cliff, Esquire, Io si~ ~ origi~l verification ~ my b~halE
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 18, 2003 , I served
a true and correct copy of the foregoing Petition upon Respondent~s Attorney, P. Richard Wagner,
by faxing the same to him at (717) 234-7080 and by mailing same by first class mail, postage
prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
~CLIFF, ESQUIRE
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
5/11/01 CUMBERLAND COUNTY CUSTODY ORDER
NATALIE A. TAYLOR,
VS.
WILLIAM S. TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
NO. 01-623
:
: CIVIL ACTION ~ LAW
Defendant : CUSTODY
Guido, J. ORDER OF COURT
AND NOW, this tI ~ day o~.~ ,2001, upon consideration of the
attached Custody Conciliat---~-on ~ummary Repor~lt is hereby ordered and directed as follows:
1. Legal Custody. The parties, Natalie A. Taylor and William S. Taylor, shall have
shared legal custody of the minor Children, Katherine Taylor, born September 14, 1990, Eden
Taylor, born November 18, 1991 and Brooke Taylor born June 6, 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 Children's general well-being including, but not limited to,
all decisions regarding their health, education and religion. Pumuant to the terms of Pa. C. S.
§ 5309, each parent shall be entitled to all records and information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the residence address
of the Children 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. Mother shall have primary physical custody. Father shall have
partial physical custody arranged as follows:
On the following dates, Father shall have physical custody from Friday at
5:00 p.m. until Sunday at 8:00 a.m. May 4, 2001 through May 6, 2001;
May 18, 2001 through May 20, 2001; June 1, 2001 through June 3, 2001;
July 6, 2001 through July 8, 2001.
Additionally, Father shall ha~e custody from Noon until 7:00 p.m. on the
Sundays of his custodial weekends and shall make the appropriate
adjustments for the Children's soccer schedule.
Father shall have physical custody each Tuesday evening from 5:00 p.m.
until 8:00 p.m. each Tuesday in May, July 10, 2001, and August 28, 2001
Father shall have the following summer custody schedule: June 22, 2001,
through July 1, 2001; July 28, 2001, through August 4, 2001; and August
19, 2001, through August 26, 2001.
No. 01-$23 Civil Term
Independence Day. Father shall have custody on Independence Day
from 4:00 p.m. July 4, 2001, until 9:00 a.m. July 5, 2001.
3. Mother shall provide Father with copies of a schedule of the Children's activities.
4. This Order is temporary in nature. In the event that the parties are not able to
resolve the issues of the custody by agreement within sixty days of the date of this Order,
counsel for either party may contact the Conciliator to schedule an additional Custody
Conciliation Conference.
BY TH~
Edward E. Guido, J.
Dist:
P. Richard Wagner, Esquire, Mancke, Wagner, Hershey & Tully, 2233 N. Front Street, Harrisburg, PA 17110
Austin F. Grogan, Esquire, 24 N. 32r~ Street, Camp Hill, PA 17011
NATALIE A. TAYLOR,
VS.
WILLIAM S. TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-623
:
: CIVIL ACTION - LAW
Defendant : CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUME~ERLAND COUN'FY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
DATE OF BIRTH
CURRENTLYIN CUSTODY OF
Katherine Taylor
Eden Taylor
Brooke Taylor
September 14, 1990
November 18, 1991
June 6, 1996
Mother
Mother
Mother
2. A Custody Conciliation Conference was held on April 30, 2001, with the following
individuals in attendance: the Mother, Natalie A. Taylor, and her counsel, Austin F. Grogan,
Esquire; the Father, William S. Taylor, and his counsel, P. Richard Wagner, Esquire.
3. The parties were seen for a Custody Conciliation Conference and reached an
agreement in the form of an Order as attached. Father's counsel shall prepare and file an
executed stipulation modifying the terms of the PFA issued by Judge Guido on March 14,
2001, so that its terms will not conflict with the agreements the parties have made with regard
to custody of their Children.
Custody Conciliator
EXHIBIT "B"
PETITION FOR EMERGENCY RELIEF
SEP-15-2003 02:54PU FROM-UANCKE ~Ai;NEt SP~EHA +Tl?-234-70BO T-727 P 002/002 F-270
WILLIAM TAYLOR,,
Plaintiff
: IN THE COURT OF COM)4ON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
vs. : NO. 2003 CV 3890 CU
NATALIE TAYLOR ACRI,
Defendant
CHILD CUSTODY
ORDER -< ~o ' ',
You are ORDERED to appear in person at the Dauphih County
Courthouse, Front & Market Streets, 4th Floor, Harrisburg, ,
Perulsylvania on September 19, 2003 at noon for a Cllstody
Conciliation Conference.
At the conference an effort will be made to resolve the
issues, and to enter into an agreement.
Children need not be present unless their presence is
requested by the Custody Conference Officer.
If you fail to appear as provided by this Order, an Order
for custody may be entered against you or the Court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Dated:
Dauphin County Lawyer Referral
213 North Front
Harri sburg,
(7~7)
Street
Pennsylvania
232-7536
Service
17101
Custody Coneiliat~
1 hereby certily that the (oregoi~§ is a
tme..~d correct copy~o~
filed,: ' "
Promonomy... ,_ ' '
WILLIAM TAYLOR, : IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
Petitioner,
NATALIE A. TAYLOR ACRI,
Respondent.
CIVIL ACTION - LAW ·
: IN CUSTODY
PETITION FOR EMERGEN~TY RELIEF -r c~
AND NOW, comes your Petitioner, Will/am Taylor, by and through'~'his ~
attorneys, Mancke, Wagner & Spreha, and files the following Petition for
Emergency Relief'.
1. Your Petitioner, Will/am Taylor, is an adult ind/vidual residing at 427 S.
York Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent, Natalie A. Taylor Act/, is an adult individual residing in
Pottstown, Permsylvan/a, at an address unknown to the Petitioner, having
previously hved at 755 Terry Hall Road, Millersburg, Dauphin County,
Pennsylvania.
3. Petitioner and Respondent were husband and wife, having since divorced,
and the Respondent remarried Dr. Joseph Acri.
4. The par'des are the natura/parents o£three (3) children, Katherine, bom
September 14, 1990, Eden, bom November 18, 1991, and Brooke, bom ,lune 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is the natural mother.
6. The children were all bom during wedlock.
7. During the last five (5) years, the children have resided at the £ollowing
addresses with the following persons:
A. Dnrmg the previous five (5) years up until January 29, 200 I, w~th the
Petitioner and Respondent at 63 North 31'~ Street, Camp Hill,
Cumber]and County, Pennsylvania;
B. From January 29, 2001, until approximately the Summer of 2002, with
the Respondent and her husband, Dr. Joseph Act'/at 63 N. 31 ~* Street,
Camp Hill, Cumberland County, Pennsylvania;
C. From the Summer of 2002 until the end o£August 2003, at 755 Terry
Hall Road, Mfllersburg, Dauphin County, Peunsylvania, with the
Respondent and her husband;
D. From the end of August 2003 with the Respondent and her husband at
an address unknown in Pottstown, Pennsylvania.
8. At the end of August 2003, during a per/od of partial CUstody with the
Petitioner hereto, the children confided in the Pefihoner that the mother was
removing them from school and moving somewhere in Pottstown.
9. Petitioner herein inquired of the Respondent where she was movir~g, and
Respondent has_refused to disclose the location where they are living, refused
to disclose the name of the school that the chil0ren are attending, and refused to
provide the Petitioner with any contact whatsoever concerning the move.
10. Petitioner beheves and therefore avers that the move was not made in the
best interests of the children, was self-serving to the Petitioner and her new
husband, and is designed to maintain a strong relationship between the children and
the Petitioner.
11. Petitioner's immediate family as well as Respondent~s immediate family
I/ve in the Central Permsylvan/a Area, i.e., Camp Hill and Mecbanicsburg area.
12. Petitioner beheves the surreptitious conduct of the Respondent is
designed to defeat the Petitioner's fights of custody and partial custody of his
SEP-I?-Z0O3 1Z:IgPM FROM-MANCKE WA~NER SPREHA +DT-Z34-70B0 T-735 P005/006 F-31Z
children which is further evidenced by the fact that as of the filing of this Petition,
Respondent has not disclosed to the Petitioner the location of the children, the
address, the school and the name of the medical provider or any other information
whatsoever.
13. Petitioner has attempted to contact the Respondent, however, she has
refused to disclose the location of the Respondent and the children.
WHEREFORE, Petitioner prays this Court to grant his emergency relief m
the form of awarding custody of the children to him immediately, pending a hearing
to determine whether or not under Graber v. Graber, the move is in the best
interests of the children.
ate:
Respectfully submitted,
Mancke, Wagner & Spreha
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
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.$.
Section 4904, relating to unsworn falsification to authorities.
DAT~:
IMAGED
WILLIAM TAYLOR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
VS.
NATALIE A. TAYLOR ACRI,
Defendant
: NO. 3890 CV 2003 CU
:
:
: CIVIL ACTION - CUSTODY
RULE r~:
AND NOW, this 22nd day of September 2003, upon consideration of the
within Petition, a Rule is entered upon the Respondent, William Taylor, to sh~wca~,u:se,~" if
any he has, why the relief requested in the within Petition should not be granted.
Rule returnable five ($) days after service.
Pending the headng or decision by this Court all action or proceedings on
the judgment entered in this matter shall be stayed.
BY THE COURT:
Todd A. Hoover, Judge
Distribution:
P. Richard Wager, Esquire, 2233 North Front Street, Harrisburg, PA 17110
Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890 CU
CIVIL ACTION - LAW
IN CUSTODY
MOTION TO MAKE RULE ABSOLUTE
AND NOW, this 3rd day of October , 2003, Diane g. Radcliff, Esquire, Attorney for
Natalie A. Acri, moves this Honorable Court to make the Rule entered on September 22, 2003
Absolute and to enter the foregoing order and assigns the following reasons therefor:
On September 18, 2003, Petitioner/Defendant, Natalie A. Acri, filed a Petition Objecting to
Jurisdiction and Requesting Transfer of the Case to Cumberland County, Pennsylvania to the
custody action filed in that County and docketed to No. 01-623 Civil Term. A true and
correct copy of that Petition is attached hereto, marked Exhibit "A" and made a part hereof.
As indicated on the Certificate of Service attached to that Petition, the Petition was served
upon the PlaintifFs attorney, P. Richard Wagner by fax and mail on September 18, 2003. A
true and correct copy of the cover letter with fax cover sheet is attached hereto, marked
Exhibit "B" and made a part hereof.
On September 22, 2003, thi's Honorable Court entered a Rule upon the Plaintiff, William
Taylor to show cause if any he had why the relief requested in the Petition should not be
granted. The Rule was returnable five (5) days after service. A true and correct copy of the
9/22/03 Rule is attached hereto, marked Exhibit "C" and made a part hereof.
The Rule was served upon the Plaintiff's Attorney, P. Richard Wagner, Esquire, by fax and
mail on September 25,200, as appears on the Certificate of Service filed of record in this
case, and as appears on the cover letter for such service, a tree and correct copy of which is
attached hereto, marked Exhibit "D" and made a part hereof.
Based on the service of the Rule on September 25, 2003, the time period for answering the
Rule expired on October 1, 2003.
As of this date, October 3, 2003, Plaintiff/Respondent has not filed an Answer or other reply
to the Rule.
Wherefore, Petitioner/Defendant respectfully requests this Honorable Court to make the September
22, 2003 Rule Absolute and to enter the foregoing order.
Respectfully submitted,
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Petitioner, Natalie A. Acri
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on October 3, 2003, I served a true
and correct copy of the foregoing Motion upon Respondent's Attorney, P. Richard Wagner, by
faxing the same to him at (717) 234-7080 and by mailing same by first class mail, postage
prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
~DIANE GNRADCLIFF, ESQUIRD-
("'3~8 Trind)e Road
~,PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890 CU
CIVIL ACTION - LAW
iN CUSTODY
RULE
AND NOW, this __ day of ,2003, upon consideration of the within Petition, a Rule
is entered upon the Respondent, William Taylor, to show cause, if any he has, why the relief
requested in the within Petition should not be granted.
Rule returnable at a hearing to be held on ,2003 at o'clock
__.m. in Courtroom__ of the Dauphin County Courthouse, Harrisburg, PA.
Pending the hearing or decision by this Court all action or proceedings on the judgment
entered in this matter shall be stayed.
BY THE COURT:
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890 CU
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this __ day of
HEREBY ORDERED that:
1.
2.
ORDER
,2003, upon consideration of the within Petition IT IS
This Court declines to exercise jurisdiction over this custody case;
The case shall be transferred to Cumberland County, PA to the case in that County
docketed to no 01-623.
BY THE COURT:
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO 2003 CV 3890
CIVIL ACTION - LAW
IN CUSTODY
PETITION OBJECTING TO JURISDICTION AND REQUESTING THE TRANSFER
OF THE CASE TO CUMBERLAND COUNTY PENNSYLVANIA
AND NOW, this \c~q~day of September, comes the Petitioner, Natalie A. Acri, by her
attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania and
represents that:
Your Petitioner is Natalie A. Ach an adult individual residing at 792 W. Pineford,
Boyertown, Berks County, PA 19512 and is the Defendant in the above captioned case.
Your Petitioner is hereafter referred to as "Mother".
Your Respondent is William Taylor, an adult individual residing at 427 S. York Street,
Mechanicsburg, Cumberland County, PA. And is the Plaintiffin the above captioned case.
Your Respondent is hereafter referred to as "Father".
The parties are the parents of three children, to wit: Katherine, born on 9/14/90; Eden, born
on 11/18/91 and Brooke, bom on 6/2/96.
The children have been in the primary custody of Mother since the parties' separation on
January 29, 2001.
On May 11,200, an Order of Court was entered by the Honorable Edward Guido, Judge of
the Com-t of Conm~on Pleas of Cumberland County, PA in the case captioned as follows:
Natalie A. Taylor vs. William Taylor, Cumberland County Docket No. 01-623. A true an
correct copy of the May 11, 2001 Order is attached hereto, marked Exhibit "A" and
made a part hereof.
The present action was initiated by the filing of a Petition for Emergency Relief by Father
on or about September 9, 2003. A true and correct copy of that Petition for Emergency
Relief is attached hereto, marked Exhibit "B" and made a part hereof.
No mention was made in the aforementioned Petition for Emergency Relief as to the
existence of the May 11,2001 Cumberland County Custody Order.
The Court of Dauphin County, PA should not exercise jurisdiction over this case and the case
should be transferred to Cumberland County, PA because:
Mother, Father and the children lived at 63 North 31~t Street, Camp Hill, Cumberland
County, PA from August 1996 until the parties' separation on or about January 29,
2001;
Subsequent to the parties' separation Mother and the children continued to live at 63
North 31st Street, Can~p Hill, Cumberland County, PA from January 18, 2001 until
late August of 2002.
In late August 2003, Mother and the children and her current husband, Dr. Joseph
Acri, moved to 755 Tarry Hall Road, Dauphin County, PA where the continued to
reside until August 18, 2003, a period of less than one (1) year.
On August 18, 2003, as the result of a job change, which was and is of significant
benefit to the children, Mother, the children and mother's current husband, Dr. Joseph
Acri, moved to a temporary residence in Douglasville, PA and on September 17,
2003 to their permanent new home located at 792 W. Pineford, Boyertown, Berks
County, PA 19512.
There is no emergency as alleged by Father in that Mother has continued to provide
Father with his allotted partial custody rights and has provided the transportation for
the exercise of those fights even though not required to do so by the May 11, 2003
Cumberland County, PA Order.
The statements in Father's Emergency Petition that Mother did not provide Father
with information regarding the children's residence address, school and other
information are not true.
2
The children have had, have, and will continue to have, significant contacts with
Cumberland County, PA in that:
The children have lived in Cumberland Count, PA for all but one year of their
lives;
Father lives in Cumberland County, PA and exercises his custodial rights in
that county.
The children's maternal grandparents, with whom the children have a
significant relationship, live in Camp Hill, Cumberland County, PA;
4. The children's paternal grandparents live in Cumberland County, PA;
Most of the past and much of the current and future information regarding the
children is in Cumberland County, PA;
There is no current information, nor will there be any future information
regarding the children in Dauphin County, PA.
The children have no significant contacts with Dauphin County, PA as the children,
the parents and none of the family members reside in that county.
WHEREFORE, Petitioner/Mother requests this Honorable Court to enter an order declining
jurisdiction in this case and transferring the case to Cumberland County, PA.
Respectfully submitted,
DIAfl~a~x~DCLIFF, ESQUIRE
34~ Trindl~Road
Carn'p'~rt/t'I;'PA 17 011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Petitioner, Natalie A. Acri
VERIFICATION
I, Diane g. Radcliff, Esquire, having been duly authorized by the Petitioner, and on behalf
of the Petitioner, verify that the statements made in the foregoing Pet/tion Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania
are trne 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
bi. CLIFF,, ESQUIRE
4
PaGE 01
VERIFIC/ .C',
I veri~ that the staterl~nTs made in the foregoing Petition ouj~etlng to :,.r,~etion a=d
R, 'q'l{ .,dug t ~e' 7rdn~ ;~. of the Care ~ L'ur.lberl~n~ C~A'~ ~, ,,1 ns ~'1 ~,,~ de C~ dn~ CC ~ ~ ;.
I undcrstaL~ that false s~atee~nt~ h~rein ~e m~e subject 1o thc pc~lues of 18 P8.CS. Section
4904, relating to unawom falsification to authori~a. I furor authoriz~ my A~omey, Diane G.
~dcliff, Esquire, [o si~ ~ origi~l verification on my b~halE
k].,:
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 18~ 2003 , I served
a true and correct copy of the foregoing Petition upon Respondent's Attorney, P. Richard Wagner,
by faxing the same to him at (717) 234-7080 and by mailing same by first class mail, postage
prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
C~m~ Hili~A 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
5/11/01 CUMBERLAND COUNTY CUSTODY ORDER
NATALIE A. TAYLOR,
VS.
WILLIAM S. TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-623
:
: CIVIL ACTION - LAW
Defendant : CUSTODY
Guido, J. ORDER OF COURT
AND NOW, this ]/'"" day of~/../~ ,2001, upon consideration of the
attached Custody Conciliation Summary Repor(~t is hereby ordered and directed as follows:
1..Leqal Custody. The parties, Natalie A. Taylor and William S. Taylor, shall have
shared legal custody of the minor Children, Katherine Taylor, born September 14, 1990, Eden
Taylor, bom November 18, 1991 and Brooke Taylor born June 6, 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 Children's general well-being including, but not limited to,
alt decisions regarding their 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 Children
including, but not limited to, medical, dental, religious or school records, the residence address
of the Children 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. Mother shall have primary physical custody. Father shall have
partial physical custody arranged as follows:
On the following dates, Father shall have physical custody from Friday at
5:00 p.m. until Sunday at 8:00 a.m. May 4, 2001 through May 6, 2001;
May 18, 2001 through May 20, 2001; June 1, 2001 through June 3, 2001;
July 6, 2001 through July 8, 2001.
Additionally, Father shall have custody from Noor~ until 7:00 p.m. on the
Sundays of his custodial weekends and shall make the appropriate
adjustments for the Children's soccer schedule.
Father shall have physical custody each Tuesday evening from 5:00 p.m.
until 8:00 p.m. each Tuesday in May, July 10, 2001, and August 28, 2001.
Father shall have the following summer custody schedule: June 22, 2001,
through July 1. 200 I; July 28, 2001, through August 4, 2001; and August
19, 2001, through August 26, 2001.
No. 01-623 Civil Term
independence Day. Father shall have custody on Independence Day
from 4:00 p.m. July 4, 2001, until 9:00 a.m. July 5, 2001.
3. Mother shall provide Father with copies of a schedule of the Children's activities.
4. This Order is temporary in nature, in the event that the parties are not able to
resolve the issues of the custody by agreement within sixty days of the date of this Order.
counsel for either party may contact the Conciliator to schedule an additional Custody
Conciliation Conference.
Edward E. Guido, J.
Dist:
P. Richard Wagner. Esquire, Mancke, Wagner, Hershey & Tully. 2233 N. Front Slree(, Harrisburg, PA 17110
Austin F. Grogan, Esquire, 24 N. 3~'~ Street, Camp HilJ, PA 17011
NATALIE A. TAYLOR,
VS.
WILLIAM $. TAYLOR,
.'IN THE COURT OF COMMON PLEAS OF
Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-623
:
; CIVIL ACTION - LAW
Defendant : CUSTODY
CU,~TODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY' RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
N,AME
DATE OF BIRTH
CURRENTLYIN CUSTODY OF
Katherine Taylor
Eden Taylor
Brooke Taylor
September 14, 1990
November 18, 1991
June 6, 1996
Mother
Mother
Mother
2. A Custody Conciliation Conference was held on April 30, 2001, with the following
individuals in attendance: the Mother, Natalie A; Taylor, and her counsel, Austin F. Grogan,
Esquire; the Father, William S. Taylor, and his counsel, P. Richard Wagner, Esquire.
3. The parties were seen for a Custody Conciliation Conference and reached an
agreement in the form of an Order as attached. Father's counsel shall prepare and file an
executed stipulation modifying the terms of the PFA issued by Judge Guido on March 14,
2001, so that its terms will not conflict with the agreements the parties have made with regard
to custody of their Children.
Custody Conciliator
EXHIBIT "B"
PETITION FOR EMERGENCY RELIEF
WILLIAM TAYLOR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
vs.
NATALIE TAYLOR ACRI,
Dafendan~
: NO. 2003 CV 3890 CU
CHILD CUSTODY
ORDER
YOu are ORDERED to appear in person at the Dauphi~ County
Courthouse, Front & Market Streets, 4th Floor, Harrisburg]
Pennsylvania on September 19, 2003 at noon for a Custody
Conciliation Conference.
At the conference an effort will be made to resolve the
issues, a~d to enter into an agreement.
Children need not be present unless their presence is
requested by the Custody Conference Officer.
If you fail to appear as provided by this Order, an Order
for custody may be entered against you or the Court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Dated:
Harrisburg,
(7Z7)
Dauphin County Lawyer Referral Service
213 North Front Street
Pennsylvania 17101
232-7536
· .t
I hu'eby certify that me loregeihg Is a
~e,.~d correct copy~of t~e orlOInal
flled~: ' " .I ~ :
W'ILLLAM TAYLOR,
P~tition~r,
: IN THE COURT OF COMMON PLEAS
: DALYPH~ COUNTY, PENNSYLVANIA
NATALIE A. TAYLOR ACRI,
Kespondent.
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes your Petitioner, William Taylor, by and through<his
attorneys, Mancke, Wagner & Spreha, and fries the following Petition for
Emergency Relief.'
1. Your Petitioner, William Taylor, is an adult/nd/vidual residing at 427 S.
York Street, Mechan/csburg, Cumberland County, Pennsylvania.
2. Respondent, Natalie A. Taylor Aeri, is an adult indiv/dual residing in
Pottstown, Pennsylvan/a, at an address unknown to the Petitioner, having
previously lived at 755 Terry Hall Road,Millersburg, Dauphin County,
Pennsylvania,
3. Petitioner and Respondent were husband and wife, having since divorced,
and the Respondent remarried Dr. Joseph Acri.
4. The part/es are the natural parents of three (3) children, Katherine, bom
September 14, 1990, Eden, bom November 18, 1991, and Brooke, born June 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is the natural mother.
6. The ch/ldren were all born during wedlock.
7, Dining the last five (5) years, the children have resided at the following
addresses w/th the following persons:
A. During the previous five (5) years up until January 29, 200 I, with the
Petitioner and Respondent at 63 North 31'~ Street, Camp H/Il,
Cumberland County, Pennsylvania;
B. From January 29, 2001, until approximately the Summer of 2002, with
the Respondent and her husband, Dr. Joseph Acr/at 63 iq. 3 l't Street,
Camp Hill, Cumberland County, Pennsylvania;
C. From the Summer of 2002 until the end of August 2003, at 755 Terry
Hall Road, Millersburg, Dauphin County, Pennsylvart/a, with the
Respondent and her husband;
D. From the end of August 2003 w/th the Respondent and her husband at
an address unknown/n Pottstown, Pennsylvania.
8. At the end of August 2003, during a per/od of partial custody with the
Petitioner hereto, the children confided in the Petitioner that the mother was
removing them fi.om school and moving somewhere in Pottstown.
9. Petitioner herein inquired of the Respondent where she was mov/ng, and
Respondent hasrefused to disclose the location where they are living, refused
to disclose the~name of the school that the children a re attending, and refused to
provide the Petitioner with any contact whatsoever concerning the move.
I0. Petitioner beheves and therefore avers that the move was not made in the
best interests of the children, was self-serving to the Petitioner and her new
husband, and is designed to mafiatain a strong relationship between the children and
the Petitioner.
I 1. Petitioner's immediate family as well as Respondenffs knmed/ate family
hve in the Central Permsylvan/a Area, i.e., Camp H/il and Mecbanicsburg area.
12. Petitioner believes the surreptitious conduct of the Respondent is
designed to defeat the Petitioner's fights of custody and partial custody of his
children which is farther ev/denced by the faot that as of the filing of this Petition,
Respondent has not disclosed to the Petitioner the location o£the children, the
address, the school and the name of the medical provider or any other information
whatsoever.
13. Petitioner has attempted to contact the Respondent, however, she has
refused to disclose the Iocation of the Respondent and the children.
WHEREFORE, Petitioner prays th/s Court to grant his emergency relief in
the form of awarding custody of the ck/Idren to him immediately, pending a heating
to determine whether or not under Gnlber v. Graber, the move is in the best
interests of the children.
ate:
Respectfully submitIed,
Mancke, Wagner & Spreha
I.D. #231O3
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
VERIFIC. ATION
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 aut~Aorities.
DATE:
EXHIBIT
DIANE G. RADCLIFF, ESQUIRE
Attorney at Law
3448 Trindle Road
Camp Hill, Pennsylvania 17011
Phone: (717) 737-0100
Facsimile: (717) 975-069
September 18, 2003
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Re: Natalie Anne Taylor vs. William Taylor
Cumberland CounO~ Divorce Action No. 01-3601 Civil Term
Dear Rich:
I am enclosing with this letter a copy of the revised Petition regarding jurisdiction
which I have filed with the Court today.
I am also advising you that Natalie, her husband and the children moved into their
new residence on September 17, 2003. That address is 792 West Pineford Road, Boyertown,
PA 19512. As soon as their home phone number has been established, I will provide that
information to you as well
Contraw to the representations in your Emergency Relief Petition, Bill was advised
of Natalie's former address and the school information. In fact, he was invited to come to or
call the school if he needed further information.: In case he did not inform you, the school
is the Coventry Christian School. I believe Bill has the address, but can provide you with
that address if needed for your files.
Bill has been harassing Natalie by his incessant phone, sometime 4 to 5 times per day.
A few of these calls have been made when he was intoxicated. Please inform him that he is
not to call Natalie during work hours on her cell phone or otherwise unless it is an
emergency. She has a job to do and cannot be interrupted with his inappropriate
communication. He is also not to call her when he has been drinking, nor to harass her. He
should limit his communication to issues that require her attention and not to berate or belittle
her. He is, of course, fi'ce to call the children at any time.
Page 2
September 18, 2003
As set forth in my prior letter to you, I also have been infom~ed that Bill has been
discussing custody issues with the children and has been making derogatory statements about
Natalie, Joe and her parents to the children. This must stop immediately!
DGR/dr
Enclosures:
Petition
cc: Natalie Taylor
File 28-02D
Transmitted by Fax and Mail
Very truly yours,
D~_~CLIFF, ESQUIRE
I1E._,.=,HGE CONF I Rr"I~T I ON
ID=DIANE G RADCLIFF
DATE
O'9,'18
S,R-TIP1E DISTANT STATION ID MODE PAGES
06'01" +?17 234 ?080 CALLIIqG 22
RESULT
OK 0000
09/18/03 11:32 DIANE G RADCLIFF a 234?080
N0.060
FAX COVER SHEET
TO FAX NUMBER: 717-234-7080
FROM:
TO:
DATE:
MATTER:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: 717-737-0100
I-'z~x: 71%975-0697
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Phone: (717) 234-7051
l"a'.: 4'T17) 234-71}80
September 18 2003
Taylor vs. Ach
DESCRIPTION OF DOCUMENT(S)
Cover Sheet
Sep?_mber ~_8, 2003 Letter ....
Petition
NO, OF PAGES
1
.... 19
FAX COVER SHEET
TO FAX NUMBER: .... "'
FROM:
TO:
DATE: ] September 18, 2003
MATTER: Taylor vs. Acri
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: 717-737-0100
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Phone: (717) 234-7051
DESCRIPTION OF DOCUMENT(S)
Cover Sheet
S~ptember 18~ 2003 letter
Petition
TOTAI, PAGES
NO. OF PAGES
1
2
19
22
MESSAGE OR COMMENTS
The copy °f'the P~iition~ent by fax has not yet been filed. I am on my way to the ~ourthouse now to
file this document and will include a time starroed copy in the original mailed letter.
MAILING/RECEIPT INFORMATION
x , 0rigina! will follow b~ mail~. ............ i. '~- ]-
0rigjnal will qo~ ~01~low by mail.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE ME IMMEDIATELY AT (717) 737-0100
The information contained in this facsimile message is information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are
not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other
reader of the facsimile is not the named recipient or the employee or agent responsible to deliver it to the named
recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us
at the above address via U.S. Postal Service.
EXHIBIT "C"
WILLIAM TAYLOR,
Plaintiff
VS.
NATALIE A. TAYLOR ACRI,
Defendant
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
: NO. 3890 CV 2003 CU ::"
: CIVIL ACTION - CUSTODY
RULE
AND NOW, this 22"d day of September 2003, upon consideration of the
within Petition, a Rule is entered upon the Respondent, William Taylor, to show cause, if
any he has, why the relief requested in the within Petition should not be granted.
Rule returnable five (5) days after service.
Pending the headng or decision by this Court all action or proceedings on
the judgment entered in this matter shall be stayed.
~'roth'onotaq/
BYTHE COURT:
Todd A. Hoover, Judge
Distribution:
P. Richard Wager, Esquire, 2233 North Front Street, Harrisburg, PA 17110
Diane G. Radcliff, Esquire, 3448 Trindle Road~ Camp Hill, PA
EXHIBIT "D"
DIANE G. RADCLIFF, ES '---
Attorney at Law
3448 Trindle Road
Camp Hill, Pennsylvania 17011
Phone: (717) 737-0100
Facsimile: (717) 975-069
September 25, 2003
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Dear Rich:
Re: Natalie ~4nne Taylor vs. 14/illiam Taylor
Dauphin County Custody Action No. 3890 CV2003 CU
I am enclosing a copy of the Rule entered by Judge Hoover on my Petition Objecting
to Jurisdict/on and Requesting the Transfer of the Case to Cumberland County Pennsylvania.
This rule is returnable five days after the date of service.
The Petition underlying this Rule was faxed and mailed to you on September 18, 2003
and, therefore, is not included in this letter.
DGR/dr
Enclosures:
September 22, 2003 Rule
cc: Natalie Taylor
File 28~02D
Transmitted by Fax and Mail
Very truly yours,
DIANE G. t~D, CLIFF, ESQUIRE
MESSAGE CONF I RI'lilT, ' '-' I FiN
ID--DIANE G RWD.LIFF
DATE
S,R-T1ME DISTANT STATION ID MODE PAGES
~l 85 +?17 234 9080 CALLING 03
RESULT
N0.018 IP~]i
FROM:
TO:
DATE:
_~ATTER:
FAX COVER SHEET
TO FAX NUMBER: 717-234-7080
Diane G. Radcliff, Esquire
3448 Trindlc Road
Camp Hill. PA 17011
Phone: 717Q37-0100
Fax: 717-075-0697
P. ,Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 171 l0
Phone: (717) 234-7051
Fax: {717) 234-7080
September 25, 2003
Taylor vs. Acri
DESCRIPTION OF DOCUMENT(S)
~er Shcct
[e..m_b.er 25., 2003 leuer
/03 Rule ent)md_ b._y_.Judge Hoover
'Al, PAGES
No. oF }'Aais II
FAX COVER SHEET
TO FAX NUMBER:
FROM:
TO:
DATE:
MATTER:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: 717-737-0100
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Phone: (717) 234-7051
1; ~x: ~ 717) 234-71180
September 25, 2003
Taylor vs. Acri
DESCRIPTION OF DOCUMENT(S)
Cover Sheet
Se~p_t.~_mber 25,_2__003 letter
9/22/03 Rule entered by Judge Hoover
TOTAl, PAGES
NO. OF PAGES
1
1
MESSAGE OR COMMENTS
MAILING/RECEIPT INFORMATION
. ~ X i Original_will follow by mail
_Original..~!l_l.not follow by mail.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE ME IMMEDIATELY AT (717) 737-0100
The information contained in this facsimile message is information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are
not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other
reader of the facsimile is not the named recipient or the employee or agent responsible to deliver it to the named
recipient, any use, dissemination, distribution, or copying of the communication is strictlyprohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us
at the above address via U.S. Postal Service.
WILLIAM TAYLOR,
Plaintiff
NATALIE A. TAYLOR
Defendant
1N THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 3890 CV 2003 CU
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 25, 2003, I
served a tree and correct copy of the Rule entered on September 22, 2003 upon P. Richard
Wagner, Esquire, Attomey for Plaintiff, by mailing same by first class mail, postage prepaid,
addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
~-~48 Trindle~oad
Camp I~'ilI,~PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
WILLIAM TAYLOR,
Plaintiff
V.
NATALIE A. TAYLOR ACRI,
Defendant
NO. 2003 CV 3890 CU
CIVIL ACTION - LAW
IN CUSTODY
PETITION OBJECTING TO JURISDICTION AND REQUESTING THE TRANSFER
OF THE CASE TO CUMBERLAND COUNTY PENNSYLVANIA
AND NOW, this [ ~'~day of September, comes the Petitioner, Natalie A. Acri, by her
attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania and
represents that:
Your Petitioner is Natalie A. Acri an adult individual residing at 792 W. Pineford,
Boyertown, Berks County, PA 19512 and is the Defendant in the above captioned case.
Your Petitioner is hereafter referred to as "Mother".
Your Respondent is William Taylor, an adult individual residing at 427 S. York Street,
Mechanicsburg, Cumberland County, PA. And is the Plaintiff in the above captioned case.
Your Respondent is hereafter referred to as "Father".
The parties are the parents of three children, to wit: Katherine, born on 9/14/90; Eden, born
on 11/18/91 and Brooke, born on 6/2/96.
The children have been in the primary custody of Mother since the parties' separation on
January 29, 2001.
On May 1 l, 200, an Order of Court was entered by the Honorable Edward Guido, Judge of
the Court of Common Pleas of Cumberland County, PA in the case captioned as follows:
Natalie A. Taylor vs. William Taylor, Cumberland County Docket No. 01-623. A true an
correct copy of the May 11, 2001 Order is attached hereto, marked Exhibit "A" and
made a part hereof.
The present action was initiated by the filing of a Petition for Emergency Relief by Father
on or about September 9, 2003. A true and correct copy of that Petition for Emergency
Relief is attached hereto, marked Exhibit "B" and made a part hereof.
No mention was made in the aforementioned Petition for Emergency Relief as to the
existence of the May 11,2001 Cumberland County Custody Order.
The Court of Dauphin County, PA should not exercise jurisdiction over this case and the case
should be transferred to Cumberland County, PA because:
Mother, Father and the children lived at 63 North 31st Street, Camp Hill, Cumberland
County, PA from August 1996 until the parties' separation on or about January 29,
2001;
Subsequent to the parties' separation Mother and the children continued to live at 63
North 31st Street, Camp Hill, Cumberland County, PA from January 18, 2001 until
late August of 2002.
In late August 2003, Mother and the children and her current husband, Dr. Joseph
Acri, moved to 755 Tarry Hall Road, Dauphin County, PA where the continued to
reside until August 18, 2003, a period of less than one (1) year.
On August 18, 2003, as the result of a job change, which was and is of significant
benefit to the children, Mother, the children and mother's current husband, Dr. Joseph
Acri, moved to a temporary residence in Douglasville, PA and on September 17,
2003 to their permanent new home located at 792 W. Pineford, Boyertown, Berks
County, PA 19512.
There is no emergency as alleged by Father in that Mother has continued to provide
Father with his allotted partial custody rights and has provided the transportation for
the exercise of those rights even though not required to do so by the May 11, 2003
Cumberland County, PA Order.
The statements in Father's Emergency Petition that Mother did not provide Father
with information regarding the children's residence address, school and other
information are not tree.
2
The children have had, have, and will continue to have, significant contacts with
Cumberland County, PA in that:
The children have lived in Cumberland Count, PA for all but one year of their
lives;
Father lives in Cumberland County, PA and exercises his custodial rights in
that county.
The children's maternal grandparents, with whom the children have a
significant relationship, live in Camp Hill, Cumberland County, PA;
4. The children's paternal grandparents live in Cumberland County, PA;
Most of the past and much of the current and future information regarding the
children is in Cumberland County, PA;
There is no current information, nor will there be any future information
regarding the children in Dauphin County, PA.
The children have no significant contacts with Dauphin County, PA as the children,
the parents and none of the family members reside in that county.
WHEREFORE, Petitioner/Mother requests this Honorable Court to enter an order declining
jurisdiction in this case and transferring the case to Cumberland County, PA.
Respectfully submitted,
DIA~DCLIFF, ESQUIRE
344~ Trindl~ Road
Cam'i~Hit-t~A 17 011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Petitioner, Natalie A. Acri
3
VERIFICATION
I, Diane g. Radcliff, Esquire, having been duly authorized by the Petitioner, and on behalf
of the Petitioner, verify that the statements made in the foregoing Petition Objecting to
Jurisdiction and Requesting the Transfer of the Case to Cumberland County Pennsylvania
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
blANE G.~RADCLIFE, ESQUIRE
6109789~78
09/17/2~02 20~45 6109789370 · COVENTRYCHRISTIANSCH PAGE
81
VERIFIC/ ,C',
I verit~ t~at the 8taterpgnts made in the fOrego,ag Petition ovj~etlnl{ to ,.~rla~etion and
R, ?'~t *,;~R t ~e' 7ran~ ~- of the Ca~e ~ Cur Jberltnd C¢~n;~ P,~,~n~ ~1 ~i,,~ cc b~ and cc ~ ~ ~.
I undcrstat~ that falsr statements herein ~e m~c subject to thc ~l~es of 18 Pa.CS. Section
4904. relating to unswom falsification to luthoriti~. I fu~ef authorize my Auomey, Diane G.
~dcliff, Esquire, Io si~ ~ ofigi~l verification on my behnlt~
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 18, 2003 , I served
a true and correct copy of the foregoing Petition upon Respondent's Attorney, P. Richard Wagner,
by faxing the same to him at (717) 234-7080 and by mailing same by first class mail, postage
prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
5/11/01 CUMBERLAND COUNTY CUSTODY ORDER
09/17/03
WED 10:58 FAX 717 240 6573
CUMB CO PROTHONOTARY
~]002
NATALIE A. TAYLOR,
VS.
WILLIAM S. TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.,
: NO. 01-623
:
: CIVIL ACTION - LAW
Defendant : CUSTODY
Guido, J. ORDER OF COURT
AND NOW, this ] day ot~//3,~(,.~ ,2001, upon consideration of the
atlached Custody Conciliation Summary Repor~t is hereby ordered and directed as follows:
1. Legal Custody. The parties, Natalie A. Taylor and William S. Taylor, shall have
shared legal custody of the minor Children, Katherine Taylor, born September 14, 1990, Eden
Taylor, born November 18, 1991 and Brooke Taylor born June 6, 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 Children's general well-being including, but not limited to,
all decisions regarding their 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 Children
including, but not limited to, medical, dental, religious or school records, the residence address
of the Children 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. Mother shall have primar7 physical custody. Father shall have
partial physical custody arranged as follows:
On the following dates, Father shall have physical custody from Friday at
5:00 p.m. until Sunday at 8:00 a.m. May 4, 2001 through May 6, 2001;
May 18, 2001 through May20, 2001; June 1, 2001 through June 3, 2001
July 6, 2001 through July 8, 2001.
Additionally, Father shall have custody from Noon until 7:00 p.m. on the
Sundays of his custodial weekends and shall make the appropriate
adjustments for the Children's soccer schedule.
Father shall have physical custody each Tuesday evening from 5:00 p.m.
until 8:00 p.m. each Tuesday in May, July 10, 2001, and August 28, 2001
Father shall have the following summer custody schedule: June 22, 2001,
through July 1, 2001; July 28, 2001, through August 4, 2001; and August
19, 2001, through August 26, 2001.
~003
C*
WED 10:59 FAX 717 240 6573 ~[MB CO pROTHONOTARY
09/17/03
No. 01-623 Civil Term
!ndependence Day. Father shall have custody on Independence Day
from 4;00 p.m. July 4, 2001, until 9:00 a.m. July 5, 2001.
3. Mother shall provide Father with copies of a schedule of the Children's activities.
4. This Order is temporary in nature. In the event that the parties are not able to
resolve the issues of the custody by agreement within sixty days of the date of this Order,
counsel for either party may contact the Conciliator to schedule an additional Custody
Conciliation Conference.
Edward E. Guido, J.
Dist
P. Richard Wagner. Esquire. Mancke. Wagner. Hershey & Tully. 2233 N, Front Street. Harrisburg, PA 17110
Austin F. Grogan. Esquire. 24 N, 32"d Street. Camp Hill. PA 17011
09/17/03 WED 10:59 FAX 717 240 6573 CUMB CO PROTHONOTARY ~004
NATALIE A. TAYLOR,
VS.
WILLIAM S. TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-623
:
; CIVIL ACTION - LAW
Defendant : 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 Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Katherine Taylor September 14, 1990 Mother
Eden Taylor November 18, 1991 Mother
Brooke Taylor June 6, 1996 Mother
2. A Custody Conciliation Conference was held on April 30, 2001, with the following
individuals in attendance: the Mother. Natalie A. Taylor, and her counsel, Austin F. Grogan,
Esquire; the Father, William S. Taylor, and his counsel, P. Richard Wagner, Esquire.
3. The parties were seen for a Custody Conciliation Conference and reached an
agreement in the form of an Order as attached. Father's counsel shall prepare and file an
executed stipulation modifying the terms of the PFA issued by Judge Guido on March 14,
2001, so that its terms will not conflict with the agreements the parties have made with regard
to custody of their Children.
Custody Conciliator
EXHIBIT "B"
PETITION FOR EMERGENCY RELIEF
SEP-15-2003 OZ:E4PM ~ROM-MANCKE WAGNER SPREHA
WILLIAM TAYLOR,
Plaintiff
: IN THE COURT OF COMMON Ph~AS
: DAUPHIN COUNTY, PENNSYLVANIA
vs.
NATALIE TAYLOR ACRI,
Defendant
: NO. 2003 CV $890 CU
You
Courthouse, Front & Market Streets, 4th Floor, Harrisburg, .
Pennsylvania on September 19, 2003 at noon £or a Custody
Conciliation Conference.
are ORDERED to appear in person at the Dauphih County
At the conference an effort will be made to resolve the
issues, and to enter into an agreement.
children need not be present unless their pre~ence is
requested by the Custody Conference officer.
If you ~ail to appear as provided by this Order, an Order
for custody may be entered against you or the Court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FInD OUT WHERE YOU CAi~ GET LEGAL HELP.
Dated:
Harrisburg,
(717)
Dauphin County Lawyer Referral Service
213 North Front Street
Pennsylvania 17101
232-7536
I hereby certify tlmt tt~e ~oregoi~o is a
~e.~d correct co~ef the orig~al
filed,; ' " ,f ~ :
~h~nomry. _ ._ '
SEP-17-ZO03 1Z:I9PM FROM-MANCKE WAGNER SPREHA +71T~Z34'7080 T-735 P OOZ/OOB F-31Z
WILLIAM TAYLOK,
Petitioner,
IN TH~ COURT OF COMMON PLEAS
DAUPItlN COUNTY, PENNSYLVANIA
NATAL1E A. TAYLOR ACRI,
Respondent.
CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR EMERGENCY RELIEF :z: ~
AND NOW, comes your Petitioner, Will/am Taylor, by and through"ehis ~
attorneys, Mancke, Wagner & Spreha, and ~es the following Petition for
Emergency Relief.'
1. Your Petitioner, William Taylor, is an adult individual residing at 427 S.
York Street, Mechamcsbarg, Cumberland County, Pennsylvania.
2. Respondent, Natalie A. Taylor Acd, is an adult individual residing m
Pottstown, Pennsylvan/a, at an address unknown m the Petitioner, having
previously hved at 755 Terry Hall Road, Millersburg, Dauphin County,
Pennsylvania.
3. Petitioner and Respondent were husband and wife, having since divorced,
and the Respondent remarried Dr. Joseph Acri.
SEP-1T-2003 12:18PM FROM-MANCKE WAGNER SPREHA +71T-~34-TO80 T-T35 P 003/005 F-31~
4. The parties are the natural parents of three (3) children, Katherine, bom
September 14, 1990, Eden, bom Igovember 18, 1991, and Brooke, bom June 2,
1996.
5. Petitioner is the natural father of the aforementioned children; Respondent
is tho natural mother.
6. The children were all bom during wedlock.
7. During the last five (5) years, the children have resided at the following
addresses w/th the following persons:
A. During the previous five (5) ye, ars up until January 29, 200 I, with the
Petitioner and Respondent at 63 North 31st Street, Camp Hill,
Cumberland County, pennsylvania;
B. From January 29, 2001, until approximately the Summer of 2002, with
the Respondent and her husband, Dr. Joseph Acri at 63 N. 3 l"t Street,
Camp Hill, Cumberland County, Pennsylvauia;
C. From the Summer of 2002 until the end of August 2003, at 755 Terry
Hall Road, Millersburg, Dauphin County, Pennsylvania, with the
Respondent and her husband;
SEP-17-ZO03 12:15PM ~ROM-MANCKE WAGNER SPREHA +717-Z34-70BO T-735 P 004/0~S F-312
D. From the end of August 2003 with the Respondent and her husband at
an address uaknowa in Pottstown, Pennsylvania.
8. At the end of August 2003, during a period of partial custody with the
Petitioner herein, the children confided in the Petitioner that the mother was
removing them 15om school and moving somewhere in Pottstown.
9. Petitioner herein inquired of the Respondent where she was mov/rtg, and
Respondent has_refused to disclose the location where they are living, refused
to disclose the name of the school that the chil~lren are atteuding, and refused to
provide the Petitioner with any contact whatsoever concerning the move.
10. Petitioner believes and therefore avers that the move was not made in the
best interests of the children, was self-serving to the Pet/honer and her new
husband, and is designed to maintain a slxong relationship between the children and
the Petitioner.
11. Petitioner's immediate family as well as Respondent's immediate family
live in the Central Pennsylvania Area, i.e., Camp Hill and Mechanicsburg area.
12. Petitioner believes the surreptitious conduct of the Respondent is
designed to defeat the Petitioner's rights of custody and partial custody of his
SEP-I?-ZO03 1Z:lgPM FROt,~"~NCKE WAGNER SPREHA +71T-Z34-7080 T-~3§ P 005/006 F-31Z
children which is further evidenced by the fact that as of the filing of this Petition,
Respondent has not disclosed to the Petit/oncr the location of the children, the
address, the school and the name of thc medical provider or any other information
whatsoever.
13. Petitioner has attempted to contact the Respondent, however~ she has
refused to disclose the location of the Respondent and the children.
WHEREFORE, Petitioner prays this Court to grant his emergency relief m
the form of awarding custody of the children to him immediately, pending a hearing
to determine whether or not under Grnber v..Gmber~ the move is in the best
interests of the children.
Respectfully submitted,
Mancke, Wagner & Spreha
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
SEP-17-ZO03 IZ:ZOPM FROM-MANCKE WAGNER SPREHA +?17-Z34-7080 T-735 P 006/0~6 F-31Z
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements hereln are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DAT~;