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HomeMy WebLinkAbout09-3793Carol Scott, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Barbara and Frank Golad Plaintiffs vi. : CIVIL ACTION - LAW IN CUSTODY Ronald Scott, Defendant : NO. 09- CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Carol Scott, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody: 1. The plaintiff Carol Scott (Mother) resides at 7 Pine Road, Apt. 105, Mount Holly Springs, Cumberland County, Pennsylvania 17065. She is the child's Mother. 2. The plaintiffs Frank and Barbara Golad (the Golads) reside at 701 Wellington Avenue, Toms River, New Jersey, 08787. They are the child's maternal Uncle and Aunt. 3. The defendant Ronald Scott (Father) is believed to reside at 38 Drew Avenue, New Bloomfield, Pennsylvania 17068. He is the child's Father. 4. Plaintiff, Mother seeks for the Golads to have primary custody of: Name Present Residence Age Destiny Scott 701 Wellington Avenue 13 Toms River, NJ 08787 The child is presently in the custody of Frank and Barbara Golad who reside at 701 Wellington Avenue, Toms River, New Jersey 08787 During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Frank and Barbara Golad 701 Wellington Avenue May 2006 to Toms River, NJ 08787 Present Ronald and Shelia Scott Carol Scott 7 Pine Road, Apt. 105 Mt. Holly Springs, PA 17065 Foster Home of Robert Miller And Barbara Tolan Carol Scott 7 Pine Road, Apt. 105 Mt. Holly Springs, PA 17065 The mother of the child is single The father of the child is married. part of July & August 2007 part of July & August 2007 October 2005 to May 2006 July 1996 to October 2005 5. The relationship of Plaintiff Carol Scott to the child is that of mother. The relationship of Plaintiffs Frank and Barbara Golad is maternal uncle and aunt. Mother currently resides alone. The Golads currently reside with the following persons: Name Relationship Kevin Golad Son Brian Golad Son Erin Golad Daughter 6. The relationship of Defendant to the child is that of father. The defendant currently resides with the following persons: Name Shelia Scott Relationship Wife 7. Plaintiffs have participated as a party or witness, in other litigation concerning the custody of the child in this or another court. A custody order entered in a dependency proceeding at docket number CP-21-JV-0288-2005 remains in effect as described below. The Dependency Proceeding has been closed by Court Order dated August 27, 2009. The Honorable Judge Ebert presided over the Dependency matter. 8. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Father's attorney informed Mother's attorney of her intent to file a Motion for Hearing and a Petition for Permanency to docket No. CP-21-JV288-2005. 9. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. Plaintiffs represent that a prior Order of Court was entered in Juvenile Court, Docketed as CP-21-JV-0288-2005 for custody of the child born April 11, 1996. A copy of which is attached hereto as Exhibit A. 11. Under the existing Order of Court: a. The Golads, the child's maternal uncle and his wife, have permanent legal custody, the child lives with them and goes to school in New Jersey. b. Father has periods of visitation including during the summer from the first Monday after the end of the school year until 4 days before school begins. c. The Golads and Mother may have 7 uninterrupted days during the summer. d. Custody during Thanksgiving for even numbered years is with the Golads and/or Mother while Father has custody during the odd numbered years. e. The Christmas/New Years season is divided so that in even numbered years Father has custody from noon on December 23 to noon on December 27 and during odd years he has custody from noon on December 27 until noon one day before school starts in January. The Golads and/or Mother have custody in odd numbered years from noon on December 23 to noon on December 27 and during even numbered years from noon on December 27 until noon one day before school starts in January. f. Father has custody for the Easter holiday during odd numbered years from 1:00pm on the first day of the public school holiday recess until 6:00pm on the last day of the public school holiday recess. g. For Mother's Day weekend the Golads and/or Mother have custody. h. For Father's Day weekend Father will have custody. i. Father was also given custody for Martin Luther King Day, Presidents Day, Memorial Day, Columbus Day, and Veterans Day beginning Friday night and ending Monday by no later than 6:00pm. j. The Golads and/or Mother have custody for Labor Day, starting Friday night and ending Monday. k. Father is also entitled to one weekend each month as long as he gives notice for the requested weekend 45 days in advance. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Father has failed to exercise any of his numerous visitations available to him by the 2007 Court Order. b. Father has not spoken with the child in over 16 months since February 6, 2008. c. Father has not attempted to see or speak with child. d. Child is 13 years old and does not wish to spend the summer with Father. e. No sufficient relationship exists between Father and the child to warrant a lengthy visitation. f. Despite the distance between the child and Mother, Mother has had consistent contact with the child, through regular visits and phone calls. g. The Golads have provided a stable environment in which the child has been living. h. The Golads have in no way limited or discouraged the child's contact with Father. i. The Golads have planned a family summer vacation to Florida that goes from June 20, 2009 to July 9, 2009. j. The child's last day of school is June 22, 2009. k. According to the court order from August 27, 2007, Father's visitation for the summer would begin on June 29, 2009. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff Mother requests that the court grant Plaintiffs, the Golads shared legal and primary physical custody of the child to reflect the current dependency order, but limiting Father's custodial period during the school summer vacation. Respectfully submitted, Date: Glal Rachel Allen Certified Legal Intern A I MEGA RI SMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. E?? Sc tt FIL ED--t. OF THE fl ~? HVIII ;71TY 31 •12 ZGtl? +t-$ P CU?V, { ,E.i J j7jC? P Carol Scott, Plaintiff Barbara and Frank Golad Plaintiffs V. Ronald Scott Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09- 3793CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Carol Scott, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date / Respectfully submitted, -?a? -??* Rachel Allen Certified Legal Intern MEGAN kIE8MEYER 11f Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 OF , PR)TH NOTARY 2009 JUN -8 PM 3: 13 Carol Scott, Plaintiff/Petitioner Barbara and Frank Golad, Plaintiff V. Ronald Scott, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 37? NO. 09- CIVIL TERM PETITION FOR EXPEDITED CUSTODY CONCILIATION And now comes Petitioner, Carol Scott, by her attorneys, the Family Law Clinic, and respectfully requests that this Honorable Court schedule an expedited custody conciliation. In support of her petition, Plaintiff/Petitioner states the following: 1. Plaintiff/Petitioner, Carol Scott (Mother) resides at 7 Pine Road, Apt. 105, Mount Holly Springs, Cumberland County, Pennsylvania 17065. She is, the child's Mother. 2. Plaintiffs Frank and Barbara Golad (the Golads) reside at 701 Wellington Avenue, Toms River, New Jersey, 08787. They are the child's maternal Uncle and Aunt. 3. Defendant Ronald Scott (Father) is believed to reside at 38 Drew Avenue, New Bloomfield, Pennsylvania 17068. He is the child's Father. 4. The child, Destiny Scott was born April 11, 1996 and resides with the Golads. 5. This Petition is being filed concurrently with Plaintiff's Custody Complaint. 6. The child resides with the Golads as per a dependency order dated August 27, 2007. 7. That order allows Father custodial time starting the first Monday after the end of the school year until 4 days before school begins, along with various other time for holidays. 8. Mother has filed a complaint in custody contemporaneously with this Petition. That complaint seeks to limit Father's time with the child during the summer months. 9. A custody determination regarding the child must be made prior to June 19, 2009 because: a. The child's school summer vacation begins on June 22, 2009. b. The Golads have planned a summer family vacation from June 20, 2009 to July 9, 2009. c. Defendant wishes to exercise his summer custody visitation beginning June 29, 2009. WHEREFORE, Petitioner asks that the Court schedule a custody conciliation before June 19, 2009. Date: ro /3/0 q 4140141allk Rachel Allen Certified Legal Intern MEGAN ESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 6 - G Cato Cott RLEE-?FiCtr- OE THE PROl ° '?MC} AJPV 2009,3'lli _g N 3: ! 3 cu!V CAROL SCOTT, BARBARA & FRANK IN THE COURT OF COMMON PLEAS OF GOLAD PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD SCOTT DEFENDANT 2009-3793 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 09, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 12, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 rtc FILED-OFFICE THa H TA 2009 JUN -9 Pty 3: 28 WXr=COUN Y PE?llrLVAPJ(A 9 ?1/ 1 Carol Scott, Plaintiff Barbara and Frank Golad, Plaintiff V. Ronald Scott, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law In Custody No. 09-3793 Civil Term Motion to Stay Pre-Hearing Custody Conciliation Scheduled for Friday June 12, 2009 NOW COMES Defendant Ronald Scott, by and through his counsel, Elizabeth J. Goldstein and files this Motion, in support of which he avers as follows: 1. Rule 402 of the Pa.R.C.P. requires that service of original process be made in person upon an individual Defendant residing in Pennsylvania in the absence of Acceptance of Service. 2. Defendant Ronald Scott ("Father") has not been served with a copy of the Complaint nor has he or anyone acting on his behalf accepted service of the Complaint. 3. It is believed and therefore averred that Plaintiff has not even attempted personal service. 4. Plaintiff has not filed an affidavit of service verifying that Defendant was served as required by Cumberland County Local Rule 1915.3-5. 5. The pre-hearing custody conciliation was originally scheduled by the Court Administrator on June 8, 2009 to be held in front of Mr. Hubert Gilroy at 2 pm on Friday, June 12, 2009. 6. Counsel for Mother faxed a copy to the undersigned on June 9, 2009. 7. At the time of the fax transmission of the copy of the Complaint on June 9, 2009 as stated in Paragraph 2 above and the Custody Conciliation Order ("the Order"), Attorney Goldstein had not been retained by Defendant to represent him in this action and had not bee authorized to accept service on his behalf. 8. Attorney Goldstein was not in her office when the faxed copy of the Complaint and Order arrived, and was not in her office again until the afternoon on June 10, 2009 having been in Philadelphia on another case. 9. Upon returning to her office, Attorney Goldstein promptly forwarded a letter by fax on June 10, 2009 to counsel for Plaintiff Mother advising that she had not yet been retained by Defendant nor authorized to accept service on his behalf. The undersigned counsel was informed by Mr. Gilroy's office on Thursday, June 11, 2009 that the matter would be rescheduled since Defendant Scott had not been served. 10. At approximately 4 pm of June 11, 2009, Shelly of Mr. Gilroy's staff called the undersigned back and notified counsel that the pre-hearing custody conciliation was going to be held at 2 pm on Friday, June 12, 2009 as provided in the custody conciliation order. 11. The undersigned was informed that the basis of going ahead with the pre-hearing conciliation pre-hearing was that Father had been telephoned by Plaintiff's legal representative to notify him of the pre-hearing conciliation on Thursday, June 11, 2009. 12. Notice of the time and date of a pre-hearing conciliation cannot replace the necessary personal service of the Custody Complaint, and service of the Petition for Expedited Custody Conciliation, the Order scheduling the pre-hearing custody conciliation, and the necessary cover sheets for several of those documents. 13. The undersigned is not prepared for the pre-hearing custody conciliation as notice as given at approximately 4 pm, less than 24 hours before the meeting. 14. The undersigned needs time for her client to review the filings, to meet with her client, and to gather together relevant documents to be used at the pre-hearing conciliation. 15. Less than 24 hours notice of the pre-hearing conciliation does not meet Father's rights under the Pennsylvania and federal Constitutions to substantive and procedural due process. WHEREFEFORE Defendant Ronald Scott respectfully requests the pre-hearing conciliation scheduled for Friday, June 12, 2009 be stayed until Ronald Scott is served pursuant to the Pa.R.C.P. 402. Respectfully submitted by, Dated: June 12, 2009 By: gt,?14% 4 Elizabeth Goldstein, Esquire Attorney Id. No. 73779 Elizabeth Goldstein, P.C. 3 5 5 N. 21 s' Street, Suite 202 Camp Hill; PA 17011 Telephone: (717) 724-0266 Facsimile: (717) 724-0288 . .1 Certificate of Service Pursuant to the Pennsylvania Rules of Civil Procedure, I have served the following individuals by personal service on this 12'h day of June 2009: Rachel Allen Megan Riesmeyer The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Elizabeth J. Goldstem FILEC i;C: OF THE Pl? %r,, - - ` T, Y R2009 JUG 12 Ali 55 Wv}u :nf P& r r CAROL SCOTT, BARBARA GOLAD AND FRANK GOLAD V. RONALD SCOTT IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON ',PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009 - 3793 CIVIL TERMI ORDER OF COURT AND NOW, this 10TH day of JUNE, 2009, based on the petition to proceed In forma pauperis, the request is g? CAROL SCOTT PLAINTIFF and she may proceed without paymer costs. FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE, PA 17013 :sld e I/ rn -atLeCL attached •anted for ?t of the Edward E. Guido, J. RLED--01rr;CE OF THE,; 2009 JUN 10 PM 19 Carol Scott, Plaintiff Barbara and Frank Golad, Plaintiff V. Ronald Scott, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law In Custody No. 09-3793 Civil Term DEFENDANT RONALD SCOTT'S PRELIMINARY OBJECTIONS' NOW COMES Defendant Ronald Scott, by and through his counsel, Elizabeth J. Goldstein and files these preliminary objections to Plaintiff's Complaint for Custody, in support of which he avers as follows: 1. Upon information and belief, Plaintiff Carol Scott ("Mother") filed a Complaint in Custody in the above-captioned matter on June 8, 2009. 2. Counsel for Mother faxed a copy to Elizabeth J. Goldstein, Esquire ("Attorney Goldstein") on June 9, 2009. 3. At the time of the fax transmission of the copy of the Complaint on June: 9, 2009 as stated in Paragraph 2 above, Attorney Goldstein had not been retained by Defendant to represent him in this action and had not bee authorized to accept service on his behalf. 4. Attorney Goldstein was not in her office when the faxed copy of the Complaint arrived, and was not in her office again until the afternoon on June 10, 2009 having been in Philadelphia on another case. 5. Upon returning to her office, Attorney Goldstein promptly forwarded a letter by fax on June 10, 2009 to counsel for Plaintiff Mother advising that she had not yet been retained by Defendant nor authorized to accept service on his behalf 6. Rule 402 of the Pa.R.C.P. requires that service of original process be made in person upon an individual Defendant residing in Pennsylvania in the absence of Acceptance of Service. 7. Defendant Ronald Scott ("Father") has not been served with a copy of the Complaint nor has he or anyone acting on his behalf accepted service of the Complaint. 8. It is believed and therefore averred that Plaintiff has not even attempted personal service. 9. Plaintiff has not filed an affidavit of service verifying that Defendant was served as required by Cumberland County Local Rule 1915.3=5. 10. The child in question ("Destiny") in the present action has resided with her aunt and uncle, Plaintiffs Barbara and Frank Golad, ("Aunt and Uncle") continuously since August of 2007. 11. Defendant Father resides in Perry County at 1428 State Road; Duncanndn, Pennsylvania. 12. The custody of Destiny was originally litigated In re DeWa Scott, Cumberland County Docket No. CP-21-JV-0288-2005 pursuant to which the Honorable Judge Ebert entered an order on August 27, 2007 awarding temporary custody to Aunt and Uncle with Defendant Father to have custody of Destiny for the summers and certain vacation periods. 13. The Pennsylvania Superior Court affirmed Judge Ebert's Order of May 7, 2008 as to the custody and visitation schedule at 1627 MDA 2007 and the Pennsylvania Superior Court subsequently denied Defendant Father's Petition for Allowance of Appeal. 14. In the first week of June, Defendant Father filed a motion seeking enforcement of Judge Ebert's Order. 15. Plaintiff Aunt and Uncle are not in loco parentis with regard to Destiny.' 16. Plaintiff Mother does not have authority to seek custody of Destiny to be awarded to Plaintiffs Aunt and Uncle I Lack of Personal Jurisdiction; Improper Service 17. The averments of Paragraphs 1 to 16 above are incorporated herein by reference as if fully set forth herein. 18. In the absence of proper service of the Complaint upon Defendant Father as set forth above, this Court does not have personal jurisdiction over Defendant Father. 19. Additionally, this Court does not have personal jurisdiction over Destiny who resides in New Jersey. WHEREFORE, Defendant Ronald Scott respectfully requests that Plaintiff s Complaint be dismissed with prejudice. IT Pending Prior Action 20. The averments of Paragraphs 1 to 19 above are incorporated herein by reference as if fully set forth herein. 21. The present action is precluded by the pending of a prior matter pursuant to Rule 1028(a)(6) of the Pennsylvania Rules of Civil Procedure, as the Order issued by Judge Ebert in the prior action continues in full force and effect and Plaintiffs have never sought to amend or modify the Order. WHEREFORE, Defendant Ronald Scott respectfully requests this Court to dismiss Plaintiff's Complaint with Prejudice. III Lack of Capacity to Sue 22. The averments of Paragraphs 1 to 21 above are incorporated herein by reference as if fully set forth herein. 23. Plaintiff Mother does not have standing or capacity to seek custody to be awarded to Plaintiffs Aunt and Uncle. 24. Plaintiffs Aunt and Uncle do not have standing or capacity to seek custody of Destiny. WHEREFORE, Defendant Ronald Scott respectfully requests this Court to dismiss Plaintiff's Complaint with Prejudice. Respectfully submitted by, Dated: June 12, 2009 By: CA6P -'/? Eli beth Goldstein, Esquire Attorney Id. No. 73779 Elizabeth Goldstein, P.C. 355 N. 21St Street, Suite 202 Camp Hill, PA 17011 Telephone: (717) 724-0266 Facsimile: (717) 724-0288 Certificate of Service Pursuant to the Pennsylvania Rules of Civil Procedure, I have served the following individuals by personal service on this 12'' day of June 2009: Rachel Allen Megan Riesmeyer The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Elizabedi J. Goldstein FILFE? OF THE F 2009 , UIR 12 A : 22 1;ti'p` b4V L,? T_ _ JUN 12 20094 Carol Scott, Plaintiff In the Court of Common Pleas of Barbara and Frank Golad, Plaintiff Cumberland County, Pennsylvania V. Civil Action-Law In Custody Ronald Scott, Defendant No. 09-3793 Civil Term ORDER,, _ n LOP C-0 The pre-hearing custody conciliation Dated: 1 f pies to: * t Goldstein, Esq. chel Allen 'Megan Riesmeyer, Esq. n J- 1.1 t _I oq _:?l 3 FILED-OfflCE OF THE 2009 JUN 12 F3 3: 50 Carol Scott, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Barbara and Frank Golad Plaintiffs V. : CIVIL ACTION - LAW IN CUSTODY Ronald Scott Defendant NO. 09- 3793 CIVIL TERM CERTIFICATE OF SERVICE I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint and Petition for Expedited Custody Conciliation on Ronald Scott, residing at, 1428 State Road, Duncannon, PA 17020, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Ronald Scott, on the 15th day of June 2009 as evidenced by the attached green card. i C I ff t Rachel Allen Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 OF VIE 2099 JUM IS Al 9: 2 b Curs u'`? Carol Scott, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Barbara and Frank Golad Plaintiffs V. : CIVIL ACTION - LAW IN CUSTODY Ronald Scott Defendant : NO. 09- 3793 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Custody Complaint and Petition for Expedited Custody Conciliation. Date Barbara Golad 701 Wellington Avenue Toms River, NJ 08787 4rG: olad 7 01 Wellington Avenue Toms River, NJ 08787 2099 JUN 18 ?f i ? 1 JT)i Carol. Scott, Plaintiff Barbara and Frank Golad, Plaintiff V. Ronald Scott, Defendant In the Court of Common Please of Cumberland County, Pennsylvania Civil Action-Law In Custody No. 09-3793 Civil Term Request for a Hearing In front of a Judge Pursuant to Pa.R.C.P. 1915.4-1 AND NOW comes Defendant Ronald Scott by and through his counsel, Elizabeth Goldstein, make this Request for a Hearing in Front of a Judge Pursuant to Pa.R.C.P. 1915.4-1 and avers as follows: 1. Defendant Ronald Scott moves this Court for a hearing before a Judge, rather than a hearing officer, in this action for custody and visitation because there are complex questions of law and fact. 2. The parties were involved in an extensive dependency case regarding the same minor child. WHEREFORE, the Defendant Ronald Scott respectfully requests that a judge rather than a hearing officer preside over the hearing in this matter. Respectfully submitted, ELIZABETH GOLDSTEIN, P.C. By: rX4 & 4&U Z-1 Dated: Elizabeth T. Goldstein, Esquire Pennsylvania Attorney Id # 73779 355 North 21St Street Camp Hill, PA 17011 Phone: (717) 724-0266 Fax: (717) 724-0288 egoldstein@elizabethaoldsteinlaw.com Michael D. Reed, Esq. Attorney # 35193 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Attorneys for Ronald Scott (father) CERTIFICATE OF SERVICE I, Elizabeth Goldstein, Esq., do hereby certify that on this ? day of 2009,1 caused a true and correct copy of the foregoing to be served upon the following persons Via :First Class US Mail: Megan Riesmeyer, Esquire Rachel Allen Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Elizabeth J. Goldstein, Esquire {?eR , ?? ,T I I ^d..?4{ r ??JJ ? ;t!#J Ifi I i 3? I r f '•1 d..r f?'t ... Carol Scott, Plaintiff In the Court of Common Ple4se of Barbara and Frank Golad, Plaintiff Cumberland County, Pennsylvania v. Ronald Scott, Defendant Civil Action-Law In Custody No. 09-3793 Civil Term Certificate of Service I have served Barbara and Frank Golad the Defendant Ronald Scott's Motion for Pursuant to Pa.R.Cir.Pro.1915.4-1 at the following address by first class mail on 2009. 701 Wellington Avenue Toms River, NJ 08787 I have served this Certificate of Service by first class mail to Frank an Barbara Golad at the above-address and Rachel Allen at the following address: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Respectfully submitted, ELIZABETH GOLDSTEIN, P.C. By: &?z Dated: ?2 Y -O? Elizabeth J. Goldstein, Esquire Pennsylvania Attorney Id # 73779 355 North 21St Street Camp Hill, PA 17011 Phone: (717) 724-0266 egoldstein(aelizabethgoldsteinlaw.com Michael D. Reed, Esq. Attorney # 35193 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Attorneys for Ronald Scott (father) a Judge Tune 24, FILE-F' 2U'7 Ui, i 6 2009 JUL U 6 20094 CAROL SCOTT, BARBARA & FRANK GOLAD, Plaintiff v RONALD SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-3793 IN CUSTODY ORDER AND NOW, this day of July, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, squire Custody Concilia r Al Eta--0H-'I0 ,.. OF TH`r, iCfTIAR 2009 JU - 7 A 1( : J 4- //^? y? -k rr V+U tvi