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HomeMy WebLinkAbout04-0658Plaintiff SCOTT CARL, Defendant IN 'I'HE COURT OF COMMON PLEAS OF ~ 41= JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. oi - CUSTODY PETITION FOR CJIgTODV TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, LORI M. CARL, by her attorneys, WAI,Z & WALZ, respectfully represems as follows: 1. The Plaintiff is LORI M. CARL (hereinafter "Mother"), an adult individual, residing at 570 Delville Dam Road, Shermans Dale, Perry County, Pennsylvania. The Defendant is SCOTT CARL (hereinafter "Father'), an adult individual, residing at 58 S. 36~ Street, Camp Hill, Cumberland County, Pennsylvania. 3. The child in question is MASON S. CARL (hereinafter ';Mason"), age two (2) years, bom August 18, 1999. 4. Mason is the biological son of Mother and Father, who were married at the time of Mason's birth. Mother and Father remain married but are currently llving separa.[~., each with his or her parents. Mason is currently in the custody of Mother. Mother is, and has been since his birth, the prmm_ry earetaker .o~'Mason. Father has a history of mental problems and disorders, has been in and out of mental hospitals, and has not participated in nor supported Mason's life. 10. 11. 12. 13. 14. When the couple was living together and since their separation, Father has had little to do with Mason. When Mason was in Father's care, or was available for Father to visit, Father would decide to sleep rather than spend time with Mason. Father sleeps much of the fnne as a result of his drug and alcohol overdoses, and his mental condition. Father has been in three mental institutions since the middle of June, 2001 as a result of Father's overdosing on drugs and trying to commit suicide. Father has been diagnosed as a stficidal manic-depressive. Said mental institutions include: Holy Spirit Hospital, psychiatric unit; Philhaven Mental Institute; Hershey Medical Center, and back to Holy Spirit Hospital, psychiatric unit. Father was released fi.om Holy 'Spirit Hospital, psychiatric unit, on September 3, 2001, because he was swearing and screaming at the nurses and they told him to leave. Father has recently asked several times for Mother to give Mason to him for visits. Mother has not turned Mason over to Father during the past few weeks because of Father's current mental state. Mother is afraid because Father is very dangerous when he has one of his psychotic episodes. Mother fears that Father will have an episode while Mason is in Father's care, and will either personally harm Mason, or neglect Mason. Since his release from the Holy Sp'wit Hospital on September 3, 2001, Father has asked to take Mason from Mother for visits. Mother has denied Father's requests because she believes Mason would not be safe in Father's care, as stated above. Mother believes Father will t~ to take Mason from Mother. Mother is afraid for Mason because Father loses all control during his episodes. For example, Father wrecked the couple's two new cars this summer during episodes. Father lives with his parents. Father's Mother (hereinafter "Paternal Grandmother") also has several mental illnesses. She believes she can fly down stairs, and thinks that there are bugs crawling under her skin, which she recently (end of August, 2001) tried to suck up with a vacuum cleaner. Father's household is very volatile as a result of VERTI~CA TTC)N I, LORI M. CARL, verify that the statements made in the Petition for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unswom falsification to authorities. LORI M. CARL LORIM. CARL : IN TH~ COURT OF COMMON PLEAS Haintiff : OF THE 41~ JUglCIAL DISTRICT OF : PENNSYLVANIA, v. : PERRY COUNTY BRANCH : No. 01 - SCOTT CARL : CUSTODY Defendant : You, SCOTT CARL, Defendant, have been sued in Perry County Court for Plaintiff to obtain primaly physical and sole legal custody of the child, MASON S. CARL, and for you to have no custody fights. You are ordered to appear in person in Court Room No ~ . located on the Second Flo~o~fthe Perry County Courthouse, New Bloomfield, Pennsylvania, on ~. ~ · the _DS day of (~)c,_.~q)~b~-~ _, 2001 at<~, oclock ~C.m fora custody heaeing Until the custody hearing and further Order of Court, the subject child, MASON S. CARL, shall be in the exclusive custody of the Plaintiff, LORI M. CARL. 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 t~ND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers Referral Ser6ce 100 South Street P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 - Central PA Legal Services 213A North Front Street Harrisburg, PA 17101 (800) 932-0356 BY TH~j LORI M. CARI~ Plaintiff SCOTT CARL Defendant IN ~ COURT OF COMMON PLEAS OF THE 41g JIYDIC1AL DISTRICT ,OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 01 - ~'~0 ~ CUSTODY TEMPORARY ~UgTODY ORDER Now, September l ~ · 2001 temporary exclusive physical and legal custody of MASON S. CARL is granted to the Plaintif~ LORI M. CARL, A brief ex pf~rte Hearing on the propriety of this ex parte Order is scheduled for %OIL~ ,the r~r~ day of~)2001,__ Courtroom No. ~)~ of the Perry County Courthou' 'se, New Bloomfield, Pe~msylvania. SHERIFF'S RETURN CASE NO: 2001-00637 T COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAND CARL LORI M CARL SCOTT VS - REGULAR RICHARD SMITH Cumberland County, Pennsylvania, says, the within ORDER OF COURT CARL SCOTT RESPONDANT , at 0018:30 HOURS, at 58 SOUTH 36TH ST C~LMP HILL, PA 17011 LINDA CARL a true and attested copy of ORDER OF COURT TEMP CUSTODY ORDER, PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of September, 2001 by handing to together with and at the same Sheriff's Costs: Docketing Service Affidavit Surcharge time dlr.e~, ting Her attention 9.75 2.50 .00 .00 30.25 to the contents thereof. So Answers: R. Thomas Kline Sworn and S~cribed to~efore By: me this ; ~"~day of ~~-3~'~ % ("JO ~-~' ~'AL SEAL 09/18/2001 WALZ & WALZ~//. riff LORI M. CARL SCOTT CARL IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 2001-807 INTERIM ORDER AND NOW, September 27, 2001, upon agreement, on a temporary basis only, IT IS HEREBY ORDERED AND DIRECTED that the defendant reserves the right to attack venue of this Court, as he has filed a custody action in Cumberland County, that issue is preserved to the parties. Mother shall have primary physical custody and Father shall have temporary supervised custody rights, with his father acting as the supervisor, who shall also be with him during periods of transportation, which shall be provided by Father, as follows: Alternating weekends commencing September 29, 2001, a Saturday, from 9:00 A.M. until Sunday at 7:00 P.M., and alternating thereafter; Every Wednesday, with the pickup being at maternal grandmother's shop in Shermans Dale, at 9:00 A.M. and the return time being at 2:00 P.M. at Mother's work place at Karns Grocery Store on the Carlisle Pike: Thanksgiving, Father would have, temporary custody of the child from 9:00 A.M. until 3:00 PiM., with Father providing transportation and his father being present at all times. The parties may modify this Interim Order by agreement. Scott Carl shall continue to provide health insurance for the subject child and his wife as long as it is of no cost to him. This order would remain in effect until further order of court and a conference hereby scheduled in this matter for October, 25, 2001 at 9:00 A.M. cc: Judith Walz, Esq. Austin Grogan, Esq. File BY THE COURT: C. DGE LORI M. CARL : IN THE COURT OF COMMON PLEAS : OF THE 41ST JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH SCOTT CARL : NO. 2001-~07 CUSTODY ORDER AND NOW, October 25, 2001, the stipulation entered of record this date is hereby adopted as an order of court. This Court will sign an order prepared by counsel. BY THE COURT: cc: S. C. Walz, III, Esq. Austin Grogan, Esq. File C .~GE LOR1 M. CARL V. SCOTT CARL :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA :PERRY COUNTY BRANCH :NO. 2001-807 RULE AND NOW, December 15, 2003, a Rule is hereby issued upon Lori M. Carl to show cause why the Petition to Transfer Jurisdiction from Perry County to Cumberland County should not be granted. RULE RETURNABLE 20 days from service of this Rule and Petition upon Lori M. Carl by ordinary mail by defendant's counsel, Gaff Guida Souders. BY THE COURT: CC: Lori M. Carl Gaff Guida Souders, Esq. File C. JO~P, JUDGE LORI M. CARL Plaintiff VS SCOTT CARL Defendant IN THE COURT OF CO~ON PLEAS OF THE 41sT JUDICIAL DIS~T~ OF PENNSYLVANIA PERRY COUNTY BRANCH CIVIL ACTION - CUSTODY NO. 2001-807 CUSTODY ORDER OF COURT AND NOW, this day of December, 2003, IT IS HEREBY ORDERED AND DECREED that jurisdiction is transferred to Cumberland County and the Prothonotar~ will forward records to C~,mherland County or in the alternative a hearing is scheduled for BY THE COURT: Jo Distribution: Gall Guida Souders, Esquire, 17101 Lori Car1,1133 Columbus Avenue, Cumberland County Prothonotary, 17013 Prothonotary 111 Locust Street, Harrisburg, PA Apartment 7, Lemoyne, PA 17043 One Courthouse Square, Carlisle, PA LORI M. CARL : Plaintiff : VS : SCOTT ~ : Defendant : IN THE COURT OF CO~ON PLEAS OF THE 41s= J~DICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH CIVIL ACTION - CUSTODY NO. 2001-807 CUSTODY TO THE HONORABLE C. JOSEPH REHF~P, J~DGE OF SAID COURT: PETITION TO TRANSFER ~u-RISDICTION Petitioner, by his attorney Gail Guida Souders, Esquire respectfully requests This Honorable Court transfer jurisdiction to C~erland County. In support thereof, the following is averred: o o The Petitioner is Scott Carl residing at 64 West Main Street, Apartment 2, Mechanicsburg, C~m~erland County, Pennsylvania 17055. (hereafter ~Father") Respondent is Lori M. Carl residing at 1133 Columbus Avenue, Apartment 7, Lemoyne, Cumberland County, Pennsylvania 17043. (hereinafter "Mother"). On September 27, 2001, parties entered into a temporary order pending a custody conciliation. See Exhibit A. On October 25, 2001, parties agreed that a custody agreement was to be entered by the Court once Mother's counsel prepared it. See Exhibit B. The final order was never filed. .~ -- ~ _~ The parties have been relying on th~ary~'order. LORI M. CARL : IN THE COURT OF COMMON PLEAS : OF THE 415T JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH SCOTT CARL : NO. 2001-807 INTERIM ORDER AND NOW, September 27, 2001, upon agreement, on a temporary basis only, IT IS HEREBY ORDERED AND DIRECTED that the defendant reserves the right to attack venue of this Court, as he has filed a custody action in Cumberland County, that issue is preserved to the parties. Mother shall have primary physical custody and Father shall have temporary supervised custody rights, with his father acting as the supervisor, who shall also be with him during periods of transportation, which shall be provided by Father, as follows: Alternating weekends commencing September 29, 2001, a Saturday, from 9:00 A.M. until Sunday at 7:00 P.M., and alternating thereafter; Every We.dnesday, with the pickup being at maternal grandmother's shop in Shermans Dale, at 9:00 A.M. and the return time being at 2:00 P.M. at Mother's work place at Karns Grocery Store on the Carlisle Pike; Thanksgiving, Father would have --~emporary custody of the child from 9:00 A.M. until 3:00 P.M~), ~th Father providing transportation and his father being p~esan~ at all times. The )arties may modify this Interim Order by agreement. Scott Carl shall continue Exhibit A provide ~lth insurance for DEPUTY PROTHO,'"IOT Y i the subject child and his wife as i!This order would remain in effect long as it is of no cost until further order of a conference hereby scheduled in this matter for October, at 9:00 A.M. BY THE COURT: cc: udith Walz, Esq. Austin Grogan, Esq. File to him. court and 25, 2001 LORi M. CARL ; IN THE COURT OF COMMON PLEAS : OF TBE 41ST JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH SCOTT CARL : NO. 2001-~0'7 CUSTODY 0 R D ~ R AND NOW, October 25, 2001, the stipulation entered of reeo~d '!this date is hereby adopted as an order of court. This Court will ieign an order prepared by counsel. THE COURT: cc: S. C. Walz, III, Esq. Austin Grogan, E~q. File Exhibit B 7. This order needs to be changed since the parties' circumstances have changed since 2001. Mother has been residing in Cumberland County for at least six months. Father wants to file a modification in C~erland County since the parties reside there and there is no final order. WHEREFORE, Petitioner requests that This Honorable Court transfer jurisdiction to Cumberland County. Respectfully submitted, Gall Guide Sou~[ers Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID ~ 68740 Scott Carl, verify that the statements made in this _ .__ are true and con'cci. 1 understand that false statements herein are made subject to thc penalties of 18 Pa.C.S. § 4904. relating to unsworn thlsification to authorities. SCO ATT~ LORI M. CARL Plaintiff VS SCOTT CARL Defendant : IN THE COURT OF COMMON PLEAS : OF THE 41s= JUDICIAL DISTRICT : OF PENNSYLVANIA : PERRY COUNTY BRANCH : : CIVIL ACTION - CUSTODY : NO. 2001-807 CUSTODY CERTIFICATE OF SERVICE I hereby certify that on December 11, 2003, I served the Petition to transfer Jurisdiction upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by First Class U.S. Mail to: Lori M. Carl 1133 Col,,mhus Avenue Apartment 7 Lemoyne, PA 17043 Gail Guida Souders, ~sqUire ~uida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: Dec,~ber 10, 2003 GUIDA LAW OFFICES, P.C. 111 LOCUST STREET HARRISBURG, PA 17101 GAlL GUIDA SOUDERS, ESQUIRE PHONE: (717) 236-6440 FAX: (717) 236-9599 December 11, 2003 Perry County Prothonotary P.O. Box 325 New Bloomfield, PA 17068 Re: Loft M. Carl v. Scott Carl 2001 ~807 Custody Prothonotary: Please file the enclosed Petition. Also enclosed are three copies of the petition. In addition, please forward our time stamped copies in the self-addressed envelope after the Order has been signed. Thank you for your cooperation in this matter. If anything further is needed, please feel free to contact me. Sincerely, Gail Guida Souders Enclosures Cc: File LORI M. CARl_. VS. SCOTT CARL 1N THE COURT OF COMMON PLEAS OF THE 41 ST JUDICIAL DISTRICT OF PENNSYLVANIA NO.: 2001-807 CERTIFICATE OF SERVICE I hereby certify that on December 18, 2003, I served the Order in response to the Petition to Transfer Jurisdiction upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. See Exhibit A. Service by First Class U.S. Mail to: Lori M. Carl 1133 Columbus Avenue ._ Apartment 7 · ' - Lemoyne, PA 17043 Gail Guida~ Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: January 8, 2004 GUIDA LAW OFFICES, P.C. 111 LOCUST STREET HARRISBURG, PA 17101 GAlL GUIDA SOUDERS, ESQUIRE PHONE: (717) 236-6440 FAX: (717) 236-9599 December 18, 2003 Lori M. Carl 1133 Columbus Avenue Apartment 7 Lemoyne, PA 17043 Re: Lori M. Carl v. Scott Carl 2001-807 Custody Dear Ms. Carl: Enclosed is a copy of the Order in response to the Petition to transfer Jurisdiction that was filed on my client's behalf. If you have any questions, please contact your attorney. Sincerely, Gall Guida Souders Enclosure Cc: File Exhibit A GUIDA LAW OFFICES, P.C. 111 LOCUST STREET HARRISBURG, PA 17101 GAlL GU1DA SOUDERS, ESQUIRE PHONE: (717) 236-6440 FAX: (717) 236-9599 January 8, 2004 Perry County Prothonotary P.O. Box 325 New Bloomfield, PA 17068 Re: Lori M. Carl v. Scott Carl 2001-807 Custody Prothonotary: Please file the enclosed Certificate of Service. Also enclosed are two copies of the petition. In addition, please forward our time stamped copies in the self-addressed envelope. Thank you for your cooperation in this matter. If anything further is needed, please feel free to contact me. Sincerely, Heather T. Rigg Legal Assistant Enclosures Cc: File LORI M. CARL SCOTT CA~L Defendant IN THE COURT OF CO~ON PLEAS OF THE 41s~ JUDICIAL DISTRICT ~:OF PENNS YLW~I'IA BRANCH CIVIL ACTION - CUSTODY NO. 2001-807 CUSTODY TO THE HONORABLE C. JOSEPH REHKAMP, JUDGE OF SAID COURT: PETITION TO TRANSFER JURISDICTION Petitioner, by his attorney Gail Guida Souders, Esquire respectfully requests This Honorable Court transfer jurisdiction to Cumberland County. In support thereof, the following is averred: The Petitioner is Scott Carl residing at 64 West Main Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. (hereafter "Father") Respondent is Lori M. Carl residing at 1133 Columbus Avenue, Apartment 7, Lemoyne, Cumberland County, Pennsylvania 17043. (hereinafter "Mother"). On September 27, 2001, parties entered into a temporar~ order pending a custody conciliation. See Exhibit A. On October 25, 2001, parties agreed that a custody agreement was to be entered by the Court once Mother's counsel prepared it. See Exhibit B. The final order was never filed· The parties have been relying on tk.~te~ora~ Exhibit A order. iLORI M. CARL SCOTT CARL IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 2001-807 INTERIM ORDER AND NOW, September 27, 2001, upon agreement, on a temporary basis only, IT IS HEREBY ORDERED AND DIRECTED that the defendant reserves the right to attack venue of this Court, as he has filed a custody action in Cumberland County, that issue is preserved to the parties. Mother shall have primary physical custody and Father shall have temporary supervised custody rights, with his father acting as the supervisor, who shall periods of transportation, which shall be follows: also be with him during provided by Father, as Alternating weekends Saturday, from 9:00 A.M. alternating thereafter~ commencing September 29, 2001, a until Sunday at 7:00 P.M., and Every We,dnesday, with the grandmother's shop in Shermans Dale, pickup being at maternal at 9:00 A.M. and the return time being at 2:00 P.M. at Mother's work place at Karns Grocery Store on the Carlisle Pike; .~ ' ~ . ~ Thanksgiving, Father would have -.~temp0~ary custody of the Child from 9:00 A.M. until 3:00 P.M.~, .w.~ t h Father providing transportation and his father being p~esen~ at all times. The )arties may modify this Scott Carl shall Interim Order by agreement. continue to Exhibit A provide ~lth insurance for DEJ UTY PROTHONOT Y the subject child and his wife as long as it is of no cost i!This order would remain in effect until further order of a conference hereby scheduled in this matter for October, at 9:00 A.M. BY THE COURT: CC: ./udith Walz, Esq. Austin Grogan, Esq. File · C. JOSEPH REHK~M~, ~UDGE to him. court and 25, 2001 :50RI M. CARL V. SCOTT CARL IN TH~ COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 2001-~0'7 CUSTODY 0 R D ~ R AND NOW, octobsr 25, 2001, the stipulation entered of record ~]this date is hereby adopted as an order of court. This Court will l!sign ~n order prepar®d by counsel. BY T~E COURT: cc: S. C. Walz, III, Esq. Austin Grogan, Esq. File Exhibit B 7. This order needs to be changed since the parties' circumstances have changed since 2001. Mother has been residing in C~,m~erland County for at least six months. Father wants to file a modification in Cumberland County since the parties reside there and there is no final order. WHEREFORE, Petitioner requests that This Honorable Court transfer jurisdiction to C~m~erland County. Respectfully submitted, GM'il Guida Sou-~e~rs Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 Scott Carl verify that the statements made in this are true alld correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ATTORNEY FOR LORI M. CARL : Plaintiff : VS : : SCOTT CARL : Defendant : IN THE COURT OF COMMON PLEAS OF THE 41s~ JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH CIVIL ACTION - CUSTODY NO. 2001-807 CUSTODY CERTIFICATE OF SERVICE I hereby certify that on December 11, 2003, I served the Petition to transfer Jurisdiction upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by First Class U.S. Mail to: Lori M. Carl 1133 Columbus Avenue Apartment 7 Lemoyne, PA 17043 Gall Guida Souders, ~.squire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: December 10, 2003 LORI M. CARL V. SCOTT CARL :IN THE COURT OF COMMON PLEAS :OF TIlE 41sx JUDICIAL DISTRICT :OF PENNSYLVANIA :PERRY COUNTY BRANCH :NO. 2001-807 RULE AND NOW, December 15, 2003, a Rule is hereby issued upon Lori M. Carl to show cause why the Petition to Transfer Jurisdiction from Perry County to Cumberland County should not be granted. RULE RETURNABLE 20 days from service of this Rule and Petition upon Lori M. Carl by ordinary mail by defendant's counsel, Gail Guida Souders. BY TIlE COURT: CC: Lori M. Carl ~ffi~uida Souders, Esq. File C. JO~P, JUDGE Exhibit B DEPUTY PROTHONOTARY LORI M. CAR IN THE COURT OF COMMON PLEAS OF THE 41 sT JUDICIAL DISTRICT OF PENNSYLVANIA VS. SCOTT CARL : NO.: 2001-807 CERTIFICATE OF SERVICE I hereby certify that on January 8, 2004, I served the Motion To Make Rule Absolute upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by First Class U.S. Mail to: Lori M. Carl 1133 Columbus Avenue Apartment 7 Lemoyne, PA 17043 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: January 8, 2004 GUIDA LAW OFFICES, P.C. 111 LOCUST STREET HARRISBURG, PA 17101 GAlL GUIDA SOUDERS, ESQUIRE PHONE: (717) 236-6440 FAX: (717) 236-9599 January 8, 2004 Perry County Prothonotary P.O. Box 325 New Bloomfield, PA 17068 Re: Lori M. Carl v. Scott Carl 2001-807 Custody Prothonotary: Please file the enclosed Motion To Make Rule Absolute. Also enclosed are three copies of the petition. In addition, please forward our time stamped copies in the self-addressed envelope after the Order has been signed. Thank you for your cooperation in this matter. If anything further is needed, please feel free to contact me. Sincerely, Gail Guida Souders c~ . .._ <~ Enclosures Cc: File LORI M. CAR L- VS. SCOTT CARL IN THE COURT OF COMMON PLEAS OF THE 41sr JUDICIAL DISTRICT OF PENNSYLVANIA NO.: 2001-807 ORDER OF COURT AND NOW, this l ~ day of Janaury, 2004, after due consideration of the Motion, IT IS HEREBY ORDERED AND DECCREED THAT the Petitioner's Motion to Make Rule Absolute is granted. BY THE COURT: Distribution: Prothonotary Gall Guida Souders, 111 Locust Street, Harrisburg, PA 17101 Lori M. Carl, 1133 Columbus Avenue, Apartment 7, Lemoyne, PA 17043 LORI M. CAR[_ VS. SCOTT CARL : 1N THE COURT OF COMMON PLEAS : OF THE 41sT JUDICIAL DISTRICT : OF PENNSYLVANIA : NO.: 2001-807 TO THE HONORABLE C.JOSEPH REHKAMP, JUDGE OF SAID COURT: MOTION TO MAKE RULE ABSOLUTE AND NOW, this 8th day of January, 2004, comes the above-named Petitioner, Scott Carl, by and through his attorney, Gall Guida Souders, Esquire, and respectfully files this Motion, and in support thereof, the following is averred: 1. On December 12, 2003, Petitioner filed a Motion to Transfer Jurisdiction to Cumberland County. See Exhibit A. 2. On December 15, 2003, This Honorable Court issued a rule upon Lori M. Carl to file an Answer within twenty days of service. See Exhibit B. 3. The Respondent has not filed a response to the Order. WHEREFORE, petitioner respectfully requests that this Honorable Court grants his Petition. Gall Guida Souders, Esquire Attorney for the Petitioner GUIDA LAW OFFICES, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID # 68740 LORI M, CA~L : IN THE COURT OF CO~4ON PLEAS Plaintiff : CUMBERLAND COUNTY BRANCH VS : : CIVIL ACTION - CUSTODY SCOTT CARL : Defendant : NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally orby attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulanentm~y be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdow~ of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotar~ at the first floor in the C,,mherland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA ! 7013 1-800-990-9108 LORI M. CARL : Plaintiff : VS : SCOTT CARL : Defendant : IN THE COURT OF CO~4ON PLEAS CUMBEPJuAND COUNTY BRANCH PETITION TO MODIFY CUSTODY Petitioner/Defendant, by his attorney Gall Guida Souders, Esquire respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): Plaintiff is Lori M. Carl residing at 1133 Col,,~hus Avenue, Apartment 7, Lemoyne, C,,~herland County, Pennsylvania 17043. (hereinafter "Mother"). Defendant is Scott Carl residing at 64 West Main Street, Apartment 2, Mechanicsburg, ~mherland County, Pennsylv&nia 17055. (hereafter ~Father"). A custody complaint was filed on September 11, 2001 in Cumberland County and docketed at 01-5316. In Perry County, a custody compliant was filed on Sept-mher 13, 2001. The parties agreed to proceed in Perry County. On Sept-mher 27, 2001, parties entered into a temporary ordar pending a custody conciliation in Perry County. See Exhibit A. On October 25, 2001, parties agreed that a custody agreement was to be entered by the Perry County Court once counsel prepared it. See Exhibit B. 8. The final Order was never filed. 9. The parties have been relying on the temporary order. 10. This Order needs to be changed since the parties' circumstances have changed since 2001. 11. Mother has been residing in C~erland County for at least six months. 12. On Dec~er 12, 2003, undersigned counsel filed for a Petition to Transfer Jurisdiction from Perry County to Cumberland County. 13. On January 12, 2004, the Honorable Joseph Rehka~p signed the Order transferring Jurisdiction to Cumberland County. See Exhibit C. 14. Plaintiff seeks joint physical and legal custody of the following child: Name Present Residence D.O.B. Mason Carl 1133 Col~m~us Avenue 8/18/99 Apartment 7 Lemoyne PA 17043 15. The child is presently in the custody of the Mother who is residing at 1133 Columbus Avenue, Apartment 7, Lemoyne, PA 17043. 16. During the past five years, the child has resided with the following persons and at the following addresses: N~mes Lori Carl Lori Carl Stephanie Yeager Charlie Yeager Residences Dates 1133 Col~m~us Avenue 5/03- Apartment 7 Present Lemoyne PA 17043 570 Dam Road 10/01- ShermansDale, PA 5/03 Lori Carl 10 Adams Street 2/00- Scott Carl Enola, PA 10/01 Lori Carl Scott Carl Chester Carl Linda Carl 58 South 36~ Street 10/99- Camp Hill, PA 2/00 Lori Carl Harrisburg, PA 8/99- Scott Carl 10/99 17. The relationship of the Defendant to the child is that of mother-child. The child is currently residing with Mother. 18. The relationship of the Plaintiff to the child is that of father-child. 19. The best interest and permanent welfare of the child will be served by granting a modification to the temporary order: a. The parties circumstances have changed since Septam~er 2001. b. The temporary order provides limited time with child c. Father wants more time with child. 20. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. WHEREFORE, Defendant requests that the Court modify the existing Order for shared physical and legal custody of Mason Carl because it would be in the best interest of the child. Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 LORI M. CARL : IN THE COURT OF COMMON PLEAS : OF THE 415T JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH SCOTT CARL : NO. 2001-807 INTERIM ORDER AND NOW, September 27, 2001, upon agreement, on a temporary basis only, IT IS HEREBY ORDERED AND DIRECTED that the defendant reserves the right to attack venue of this Court, as he has filed a custody action in Cumberland County, that issue is preserved to the parties. Mother shall have primary physical custody and Father shall have temporary supervised custody rights, with his father acting as the supervisor, who shall also be with him during periods of transportation, which shall be provided by Father, as follows: Alternating weekends Saturday, from 9:00 A.M. alternating thereafter; commencing September 29, 2001, a until Sunday at 7:00 P.M., and Every We~dnesday, with the pickup being at maternal grandmother's sho:p in Shermans Dale, at 9:00 A.M. and the return e/me being at 2:00 P.M. at Mother's work place at Karns Grocery Store on the Carlisle Pike; ,:~ .. ~ ; Thanksgiving, Father would have ~.%emp~,rary custody of the Child from 9:00 A.M. until 3:00 P.M.~, .W~th Father providing transportation and his father being p~esen~ at all times. The ~arties may modify this Interim Order by agreement. Scott Carl shall continue to provide ~alth insurance for Exhibit A , DEPUTY PROTHONOT Y ithe subject child and hia wife as long as it is of no cost to him. i!This order would remain in effect until further order of court and conference hereby scheduled in this matter for October, 25, 2001 iat 9:00 A.M. BY THE COURT: cc: o~uudith Walz, Esq. Austin Grogan, Esq. File SCOTT CARL pERRYCNTYPROTH IN THB COURT OF COMMON PLEAS OF THE 4iST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 2001-~07 CUSTODY OR D B R AND NOW, october 25, 2001, the stipulation entered of record iithi$ date is hereby adopted as an order of court. l!sign an order prepared by coon~el. This Court will BY THE COURT: S. C. Walz, III, Esq. Austin Grogan, EGg. File Exhibit B LORI M. CAR VS. SCOTT CARL IN THE COURT OF COMMON PLEAS OF THE 41 sT JUDICIAL DISTRICT OF PENNSYLVANIA NO.: 2001-807 ORDER OF COURT AND NOW, this ! ~. TM day of Janaury, 2004, after due consideration of the Motion, IT IS HEREBY ORDERED AND DECCREED THAT the Petitioner's Motion to Make Rule Absolute is granted. BY THE COURT: /81C JOSEPH REHKAMP Distribution: Prothonotary Gail Guida Souders, 111 Locust Street, Harrisburg, PA 17101 Loft M. Carl, 1133 Columbus Avenue, Apartment 7, Lemoyne, PA 17043 EXHIBIT C ~R~ ~R~EI~L.T. RUE C~Y DEPUTY PROTHONOTARY 1, Scott Carl. veri~ that the statements made in this PZTITION are true and correct. I understand that ~hlse statements herein are made subject to the penalties nf 18 Pa.C.S. ,~ 4904~ relating to unswom Palsification to authorities. LORI M. CARL Plaintiff VS SCOTT CARL Defendant : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY BRANCH : : CIVIL ACTION - CUSTODY : : NO. ORDER OF COURT AND NOW, this day of Februar~ 2004, AFTER HEARING, IT IS HEP~BY ORDERED AND DECREED that joint physical custody and legal custody of Mason Carl is awarded to Lori M. Carl and Scott T. Carl. It is further ordered that the parties shall physical and joint legal custody as follows: BY THE COURT: Distribution: Gail Guida Souders, Esquire, 111 Locust Street, Harrisburg, PA 17101 Lori Carl, 1133 Col~m~us Avenue, Apartment 7, Lemoyne, PA 17043 Prothonotar~ LORI M. CARL PLAINTIFF SCOTT CARL DEFENDAICI' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-658 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy~_, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 29, 2004 at 11:30 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: Is/ Melissa P. Greevy, 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 pr/or 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 OLrI' WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LORI M. CARL VS. SCOTT CARL Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-CUSTODY NO.: 2004-658 CERTIFICATE OF SERVICE I hereby certify that on March 3, 2004, I served the Custody Compliant upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by Certified U.S. Mail to: Lori M. Carl 1133 Columbus Avenue Apartment 7 Lemoyne, PA 17043 Gall Guida Souders, Esquire Guida Law Offices, P.C. I 11 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: March 8, 2004 7003 1010 0000 8130 2048 Exhibit A APR D 7 2004 LORI M. CARL, : SCOTT CARL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this J~ day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Lori M. Carl and Scott Carl, shall have shared legal custody of the minor child, Mason Cad, born August 18, 1999. 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-bein.g including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: 7:30 p.m. Effective March 30, 2004, each Tuesday from 2:30 p.m. until B. Effective April 9, 2004, on alternating ,weekends, from Friday at 7:00 p.m. until Sunday at 7:30 p.m. C. At such other times as the parties may agree. 3. Transportation. The parent relinquishing custody shall provide transportation incident to the custodial exchange. 4. Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of vacation subject to ninety (90) days notice to each other. Father shall be entitled to one (1) week vacation in October 2004 for purposes of the family vacation to the Bahamas. NO. 04-658 CIVIL TERM 5. In the event that Father's schedule changes such that Tuesdays are not days upon which he can exercise the period of partial custody, Father shall be entitled to one (1) other weekday of custody, to be determined by mutual agreement of the parties. 6. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Christmas. Christmas shall be divided into two (2) segments, Segment A a~nt B. Segment A shall be from December 24th at 6:00 p.m. until December 25th at 3:00 p.m. Segment B shall be from December 25th at 3:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. in odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Birthdays. Father shall have custody on his birthday from 2:30 p.m. to 7:30 p.m. Mother shall have custody on her birthday from 2:30 p.m. to 7:30 p.m. C. The parties will share custody for the other holidays by their mutual agreement and in a fashion consistent with past practices. 7. Mother will notify Father of the child's doctor appointments so that he is able to attend if possible. Dist: BY THE COURT: ~,,~il Guida Souders, Esquire, 111 Locust Street, Harrisburg, PA 1711)1 ri M. Carl, 1133 Columbus Avenue, Apt. 7, Lemoyne, PA 17043 LORI M. CARL, SCOTT CARL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 5.3-8, 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 Mason Carl DATE OF BIRTH August18,1999 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was helld on March 29, 2004 with the following individuals in attendance: the Mother, Lori M. Carl, attended pro se. The Father, Scott Cad, and his counsel, Gall Guida Souders, Esquire. 3. The parties reached an agreement in/tbe--f~ of an Order as attached. ) Date uire Custody Conciliator :226312 l:\Client Directory\Wallace-t\Pleadings\Support Pleadings\Support Stipulation.wpd December 1, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant NICKOLA K. WALLACE, Plaintiff THOMAS M. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION NO. 00658 S 2004 PASCES NO. 913106607 CIVIL ACTION - LAW IN SUPPORT STIPULATION AS TO SUPPORT AND NOW, this ,~ day of ~~,,J~), 2004, comes Nickola K. Wallace (hereinafter referred to as "Wife") and Thomas M. Wallace (hereinafter referred to as "Husband"), who file this Stipulation as to Support and state as follows: .:: -~ m WHEREAS, the parties were married on March 17, 1984 and separated Jul~ 2004; ..~ .,-- ~ WHEREAS, on July 26, 2004, Wife filed a Complaint for' Support in the C0' .u~t_ of ~ Common Pleas of Cumberland County seeking support for herself and the parties' two (2) children, namely Haley N. Wallace, bom July 1, 1988, and Andrea E. Wallace, bom March 12,1991; WHEREAS, a support conference was held in the above-captioned matter on August 24, 2004, which resulted in an Order dated September 17, 2004, awarding Wife $8,602.00 monthly; I:\Client Directory\Wallace-tLPleadings\Support Pleadings\Support Stipulation.wpd December 1, 2004 NOW THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: 1. Husband's monthly support obligation shall be set at $9,000.00 per month, which is comprised of $3,500.00 of alimony pendente lire and $5,500.00 of child support. 2. The effective date of this support obligation shall be December 1, 2004 and all arrearages will be zeroed out as of that date. 3. Those unreimbursed medical expenses that exceed $250.00 annually per person, shall be paid 88% by Husband and 12% by Wife. 4. Husband will continue to provide health insurance coverage for Wife and the children. 5. The parties agree to file a joint tax return for the 2004 tax year. 6. Wife agrees to pay those expenses indicated by her counsel in the expense sheet attached to Wife's counsel's letter dated November 10, 2004. A copy of which is attached hereto as Exhibit "A." 7. Further, Wife agrees to be responsible for paying the car payments on Nathan Wallace's car from December 1, 2004 forward. 8. The parties acknowledge that said Stipulation shall, be adopted as an Order of Court. I:\Client Directory\Wallace-flPleadings\Support Pleadings\Support Stipulation.wpd December 1, 2004 o this time. wit ? Wimess The parties hereby waive their rights to have their case heard by the Court at THOMAS M. WALLACE - Household Month "-- ' $1,927 HOM~- MortgagedRent -- - ' - -' 270 S~mge ~ ~ ....... - '"' - ~ 30 Che~ ~ 40 ~ ~' 10 ~' 0 Sewer .... 200 - , 150 Com~ ~ble .... ' ~ ~ 0 ~temet , ,, , ..... 300 Ce~ H~c pkone O~ ,+, E~LO~~ - 0icensc, i~~. contmmng educ~o~) .... 160 ' 400 ~S~CB ~ Automobile A~OMOBILE - . ......... · . - , 350 T~r ~yment A~omobile ~el 150. ....... 100 Automobile r~a~ ~DIC~ - Den~t ' r ' i 20 ....... P~~ , - .. , ,,.: ~.~:~ _Ol~as " 20 Td~ acd~fies - 150 St. $oseph's _ - - 15 St. Joseph's activities .. _ 400 PERSONAL - Clorhktg . Food 750_ Other (household supplies, barber, etc.) 100 _ Credit payments and loang ~ Belco 200 .... 115 Fh'st Mu.ma! Home improvement', ...... , - 200 Disney Vacation Club ' ' 350 Country club - 70 YMCA. - I0 Publication~ Vacations i00 40 Movies Oif~s/Charitable contributions 250 Legal fees 1,000 - 100 Hay ........ - 35 Fan. ie~ - -- - 150 Training 25 .~nimal food yeterjnarlan 9,220 TOTAL EXPENSES