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HomeMy WebLinkAbout01-0093ROSE M. PARKER, Plaintiff, CLARENCE R, PARKER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - CUSTODY NO. ol- cIvm COMPLAI31T FOR CUSTODY 1. The Plaintiff is Rose Parker, residing at 408 Third Street, Apt. B, West Fair~iew, Cumberland County, Pennsylvania. 2. The Defendant is Clarence Parker, residing at 408 Third Street, Apt. B, West Fairview, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following children: Name Present Residence Age Crystal Ann Parker 408 Third Street 15 West Fairview, PA Ma~ Lou Parker 408 Third Street 14 West Fairview, PA The children were not bom out of wedlock. The children are presently in the custody of Clarence Parker and Rose Parker, residing at 408 Third Street, West Fairview, Cumberland County, Pennsylvarfia. During the past five years, the children have resided with the following persons and at the following addresses: Person Clarence Parker Rose Parker Patricia Rice Address 408 Third Street, Apt. B West Fairview, PA Date August 1999- Present Clarence Parker Rose Parker Rose Parker Linda Leonard Troy Grebinger Clarence Parker Rose Parker Troy Grebinger 408 Third Street, Apt. C West Fairview, PA 300 State Street West Fairview, PA 95 Fraley Street, Apt. 5 Kane, PA March 1999- August 1999 1998-August 1999 19854998 The mother of the children is Rose Parker, currently residing at 408 Third Street, West Fairview, Cumberland County, Pennsylvania. She is married to the Defendant. The father of the children is Clarence Parker, 408 Third Street, West Fairview, Cumberland County, Pennsylvania~ He is married to the Plaintiff. 4. The relationship of the Plainfiffto the children is that of mother. The Plaintiff currently resides with the following persons: NalTle Clarence Parker Pat Rice Crystal Ann Parker Mary Lou Parker Relationship Husband Husband's girlfriend Daughter Daughter 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Name Rose Parker Relationship Wife Pat Rice Crystal Ann Parker Mary Lou Parker Girlfriend Daughter Daughter 6. Plaintiffhas not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a pmty to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to these children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff and Defendant have reached an agreement with respect to custody, which is attached to this complaint; b) Plaintiff currently resides with the children and exercises custody on a regular basis; c) Plaintiff enjoys a loving relationship with the children; d) Plaintiff plans to leave the family residence and secure housing in an assisted-living facility; e) Plaintiff is willing to grant the Defendant shared legal custody and primary physical custody of the children so they will not have to transfer schools and adjust to a new primary residence. 8. ]Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to enter an Order in the form attached hereto, granting Plaintiffpartial custody of the children. Date: //051/01 ie B Mill[r Certified Legal Intern ROBERT E. RAINS Faculty Advisors TERI L. HENNING Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 o+-oq-=o t VERIFICATION I verify that the statements made in the Custody Complaint are true and correct to the best of my personal knowledge and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Rose Parker ROSE MARIE PARKER, PLAINTII~F CLARENCE RAY PARKER, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 04- ~,~ CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ 8~'- day of~e m.x~c , 2000, between Rose Made Parker, hereinafter Mother, and Clarence Ray Parker, hereinafter Father, concerns the custody of the parties' minor children: Crystal Parker, bom April 11, 1985 and Mary Parker, born February 21, 1986. Mother and Father desire to enter into an agreement as to the custody of their minor children and to have this agreement made an Order of the Court. Mother and father hereby agree to the following: 1. Mother and Father shall have shared legal custody of the children. 2. Father will have primary physical custody of the children. 3. Mother will exercise periods of partial physical custody with the children every other weekend from Sattu:day at 8:00 a.m. until Sunday at 6:00 a. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so, she may stay at Father's residence from 5:00 p.m. Friday until 5:00 p.m. Sunday. b. If Mother's living situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 a.m. to 8 p.m. on Saturday and Sunday. Holiday Schedule. Mother and Father will exercise physical custody of the children during holidays in the following manner: a. Mother will have physical custody of the children on the following holidays kn even-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4th. b. Father will have physical custody of the children on the following holidays in even-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. c. Mother will have physical custody of the children on the following holidays in odd-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. d. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4th. 2 e. Mother will have physical custody of the children on Mother's Day, f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then Father's custodial period shall begin at 9 a.m. that Sunday. g Mother will have physical custody of each child on the Saturday following their birthday each year. 5. Each child's communication with the non-custodial parent shall be kept open by way of telephone and mail. 6. Mother and Father will at all times inform the other parent of their current home telephone number and address, work telephone number and address and any emergency phone numbers. 7. Father and Mother will notify each other of all medical care either child receives while in that parent's care. Father and Mother will notify the other immediately of medical or other emergencies which arise while the children are in that parent's care. 8. Neither party will do anything which may estrange the children from the other parent, or injure the opinions of the children as to the other parent or may hamper the free and natural development of the children's love and respect for 3 the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother in this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 4 10. The parties intend to be legally bound by the terms of this Agreement and intend that the agreement shall be made an order of the Court. Rose Ma~Se Parker ~JJ~lie Mill jr//'~ Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ORDER And now, this J~ ~' day of (~7 Agreement is approved and entered as an Order of the Court. 5 ,200~, the foregoing ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this ~" day of J~ S-,~,-' , 2001, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED as follows: Defendant, Clarence Ray Paxkci, is ORDERED t,~ file with this Court and serve on coungel for Ro~e Mafic Parkcr by thc-cnd ~f fl~c business day in whid~ h~ is seJ wd, -true and cnrr~t-~ address and phonc nuthb~ x~h~c he, Crystal Pa~ker and Mm3~ Parker are ves/di~g. He is Ordered to allow Rose Marie Parker to J~[~ ~u~l.~ooeix~e telephone calls to and from their children. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker ~8:~ a.m., Saturday, gopt~,.bct 8, 2001, and pick them up at that residence at.-6rO0-p~, on Sm~day, September 9., 200-1, amt4b.~,u ~o th~ s~un¢ everyaweekend ~er until further order of this Court. Failure of Defendant, Clarence Ray Parker, to comply with the terms of this Order and the Court's Order of January 8, 2001, may result in fine and/or impr/sonment pursuant to 23 Pa.C.S. § 4346. A heating regardin~tion for Special Relief is hereby scheduled for the ~ day alcffig with their legal"c6~unsel sha~ll~ppear in person. BY THE COURT, ROSE MARIE PARKER, Plaintiff, Petitioner V. CLARENCE RAY PARKER Defendant, Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW :IN CUSTODY :NO. 01-93 CWILTERM PETITION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 6t~ day of September, 2001, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Rose Marie Parker, by her attorneys, the Family Law Clinic, seeking emergency partial physical custody of the minor children, Crystal Parker and Mary Parker, presents the following Petition for Special Reliefi The petitioner is Rose Made Parker, an adult individual who resides at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania. The respondent, Clarence Ray Parker, is an adult individual who formerly resided at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania, and whose current address is unknown by petitioner. The petitioner is the biological mother (the "Mother") of the minor children, Crystal Parker and Mary Parker, born Apr/1 11, 1985 and February 21, 1986, respectively (the "Children"). The respondent is the biological father ( the "Father") of the Children. On January 8, 2001, The Honorable Kevin A. Hess entered an Order awarding Rose Made Parker and Clarence Ray Parker shared legal custody of the Children, and awarding the Father primary physical custody and the Mother partial physical custody. A true and correct copy of the Order is attached to this Petit/on as Exhibit "A". Under the January 8, 2001 Order, the Mother was granted periods of partial physical custody, every other weekend from Saturday until Sunday, and certain holidays. The January 8, 2001 Order further requires both parties to inform the other of their current telephone number and address. 10. 11. 12. 13. The Father has refused to allow the Mother to visit or commtmicate in any way with the children since mid-August 2001, when he left the marital residence taking the children with him. The Father refuses to provide the children's current address or telephone number to the Mother. On information and belief, the Father has failed to enroll the children, both of whom are of compulsory school age, in school this year. Although the children attended East Pennsboro High School and Cumberland Valley Vo-Tech during the 2000-2001 school year, neither child has been in attendance at either school this school year, nor have the schools been asked to transfer their records to any other school. Father has not consulted Mother with regard to any change in the children's education. The Mother believes and avers that it is in the best interest of the children that the Father immediately enroll the children in school and promptly notify Mother as to the school or schools that they are attending. The Mother believes and avers that it is in the best interest of the children that she be allowed the partial physical custody provided under the Custody Order of January 8, 2001. The Mother believes and avers that it is in the best interest of the children that she be allowed compensatory partial physical custody time EVERY weekend, beginning on September 8, 2001 and continuing thereafter until further order of the Court. WHEREFORE, the petitioner, Rose Marie Parker, respectfully requests that this Honorable Court enter an Order against the respondent, Clarence Ray Parker, and provide the relief set forth above. D~all,, /o '~ Respectfully submitted, a Matthew P. Hughson Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are tree and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Rose Marie Parker ROSE MARIE PAR. KER, PLA[NTIFF CLARENCE IL-kY PARKER, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :CUSTODY :NO. ol- c?~ CWIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this I ~..,v- day of~>~_c_~: c,..x,. .. ~ .2~1 0. between Rose Mane Parker. hereinafter Mother, and Clarence Ray Parker. hcrcmal~cr Father. concerns the custod} of the parties' minor children: Crystal Parker. b,,n~ April I I. o85 and MaD· Parker. born February 21, 1986. .Mother and Father desire to enter into an agreement as to thc cust,,,t~ ,q' fi~cir minor children and to have this agreement made an Order of the Court Mother and Imhcr hereby agree to the following Mother and Father shall have shared legal custody of thc children 2. Father xvill have primary physical custody of the children 3. Mother will exercise periods of partial physical custody with thc children every other weekend fi.om Saturday at 8:00 a.m. until Sunday :it o:00 p.m.. a. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so. site may stay at Exhibit "'A" · Father's rcs~i ~e fr~m 5:00 p:m. Friday until $:00 p.m. Sunday. b. If Mother's ~ving situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 a.m. to 8 p.m. on Saturday and Sunday. Holiday Schedule· Mother and Father will exercise physical custody of the children during holidays in the following manner:. a~ Mother will have physical custody of the children on the following holidays in even-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4~. b. Father will have physical custody of the children on the following holidays in even-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. c. Mother will have physical custody oft he children on the following holidays in odd-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. d. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmos Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4~. 2 e. Mother will have physical custody of the children,on Mother's Day. f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then' Father's custodial period shall begin at 9 a.m. that Sunday. g. Mother will have physical custody of each child On the Satu.'day following their birthday each year. Each child's communication with the non-custodial parent shall bc kept open by way of telephone and mail. Mother and Father will at all times inform the other parc~u ,q' thc, cfm'tnt home telephone number and address, work telephone ~lunlbcr ,md address and any emergency phone numbers. Father and Mother will notify each other of all medical care c~thcr ch/Id receives while in'that parent's care. Father and Mother xxill non I'~. thc other immediately of medical or other emergencies which arise xx hdc ibc children are in that parent's care. Neither party will do anything which may estrange the children fi'om tile other parent, or injure the opinions of the children as to the other parent or may hamper the free and natural .development of the children's love and respect for 3 the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother in this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 4 ofth~s A 10. The p~ties intend to be legally bound by the terms ' '. gre intend that the agreement shall be made an order of the Court. Rose Marie Parker Cc~ificd Legal Intern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CI.INIC 4,5 North Pitt Street Carlisle, PA 17013 717/243-2968 ORDER And now, this ~~t}l day of. Agreement is approved ]md entered as an Order of thc Court. ,200~, the foregoing TRUE C~?¥ FROM RECORD In Teslimen'/,,..i~;:r~of, I here unto set my hand and the. seal of sa',d, Court at Carlis~, Pa. ....... / Pr6tho~a~ ~ ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93CIVIL TERM CERTIFICATE OF SERVICE I, Teri L. Henning, hereby certify that 1 am serving atme and correct copy of the Petition for Special Relief on Clarence Ray Parker, by hand delivery at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013, this 6t~ day of September, 2001. Date: TetOn L. Henning Supervising Attomey FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER, Plaintiff CLARENCE RAY PARKER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE AND CUSTODY NO. 01-93 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Rose Marie Parker, Plaintiff, to proceed in forma pauperis. I, Teri L. Henning, of the Family Law Clinic, Staff Attomey, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: 1 ~ng Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff ROSE MARIE PARKER PLAINTIFF V. CLARENCE RAY PARKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-93 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Monday, September 10, 2001 , 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 Thursday, October 18, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq.l~y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans w/th 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Is:Sl:!d 01d35t0 ROSE MARIE PARKER Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO, 01-93 CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the following pages, you may, but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in corm on at .M, in Courtroom (Day and Date) (Time) IF YOU DO NOT APPEAR 1N PERSON, THE COURT MAY IS SUE A WARRANT FOR YOUR ARREST. If the court finds that you have wilfully failed to comply with its order for partial custody, you may be found to be in contempt of corm and committed to jail, fined or both. 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 17013 (717) 249-3166 BY THE COURT: Date j. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 heating. ROSE MARIE PARKER Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER Petitioner, Rose Marie Parker, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Clarence Ray Parker, in contempt of the January 8, 2001, Court Order. In support of her petition, Petitioner states as follows: 1. On January 8, 2001, The Honorable Kevin A. Hess entered an Order awarding Rose Marie Parker ("Mother"), and Clarence Ray Parker ("Father") shared legal custody of their minor children, Crystal Parker and Mary Parker (the "Children"), and awarding the Father primary physical custody and the Mother periods of partial physical custody. A true and correct copy of the Order is attached to this Petition as Exhibit "A". 2. Under the January 8,2001, Order, Mother was granted periods of partial physical custody as follows: a. Mother was granted partial physical custody of the Children every other weekend from Saturday at 8:00 a.m. until Sunday at 6:00 p.m. i. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so, she may stay at Father's residence from 5:00 p.m. Friday until 5:00 p.m. Sunday. ii. If Mother's living conditions do not allow her to keep the Children overnight, her weekend custody periods shall be from 8 a.m. to 8 p.m. on Satm'day and Sunday. b. The order also included a holiday schedule defining certain holidays when Mother would have partial physical custody of the Children. c. The Order required that each parent's communication with the non-custodial parent be kept open by way of telephone and mail. d. The Order required Mother and Father to inform the other of their current home telephone number and address, work telephone number and address, and any emergency telephone numbers. e. The Order prohibited either party from doing anything which may estrange the Children from the other parent, or injure the opinions of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent. Father has wilfully failed to abide by the Order in that: a. Father refuses to allow Mother to exercise her periods of partial physical custody. b. Father refuses to provide the children's current address or telephone number to Mother. c. Father refuses to allow Mother to communicate with the children by telephone. d. Father is estranging the children from the Mother and hampering the free and natural development of the Children's love and respect for the Mother. e. Upon information and belief, the Father has failed to enroll the children, both of whom are of compulsory school age, in school this year. Nor has Father consulted with Mother regarding any change in the children's education. WHEREFORE, Petitioner requests that: 1. Father be held in contempt of the Court's Order of Custody; 2. Father be ordered to comply with the Janum-y 8, 2001 Order; 3. Mother be awarded compensatory partial physical custody time every weekend tmtil further Order of Court, to make up for the wrongful deprivation of custodial time; 4. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa. C.S. § 4346. 5~ Mother be awarded such other relief that the Court deems appropriate. 6. Father shall immediately enroll the children in school and shall promptly notify Mother as to the school or schools that they are attending. Respectfully Submitted, Certified Legal Intern THOMAS PLACE Supervising Attorney TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 VERIFICATION I verify that the statements made in this complaint are tree 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. Petitioner Date:. ROSE MARIE PAR. KER, PLAINTIFF CLARENCE IL4 Y PARKER, DEFENDANT :IN TI-[E COURT OF COIVtMON PLEAS OF ':CUMBERLAND COUNTY, PENNSYLVANIA :CML ACTION - LAW :CUSTODY :NO. of c~ CIVLL TERM CUSTODY AGREEM~ENT THIS AGI~FM£NT. made this I ~-- day of~"~_~ ~Q., ~ ~- . 2oo0. between Rose Marie Parker. hereinafter Mother, and Clarence Ray Parker. hcrcin:~ticr F:ahcr. concerns the castody of the parties' minor children: Crystal Parker. born ..\prH I I. lo$5 and Ma~' Parker. bom February 21, 1986. Mother and Father desire to enter into an agreement as Fo thc c~stod? ,,t'thch' m/nor children and to have this agreement made an Order of the Court. \ Iothcr .md/~tthcr hereby agred to the following Mother and Father shal! have shared legal custody of thc ~'lu Idrcn 2. Father will have primary physical custody of the children 3. Mother will exercise periods of partial physical ct~sk~dy with thc children every other weekend fi.om Saturday at 8:00 a.m until $ullday at 0:00 p.m.. a. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so. she may stay at Exh~ hit "A" · Father's .re~8.~,i~?.~m 5:00 p.m. FHday unt/I $:00 p.m. Sunday. .,~ b. If Mother's ~.':ving situation does not allowher to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 a.m. to 8 p.m. on Saturday and SuncUy. Holiday Schedule· Mother and Father will exercise physical custody of the children during holidays in the following manner:. ~ Mother will have physical custody of the children on the following holidays/n even-numbered years: Than.ksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4t~. b. Father will have physical custody of the children on the following holidays in even-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor'Day. c. Mother will have physical custody of the children on the following holidays in odd-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), MemoiSal Day, and Labor Day. d. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4~. 2 e. Mother will have physical custody of the children,on Mother's Day. f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then' Father's custodial period shall begin at 9 a.m. that Sunday. g. Mother will have physical custody of each child On the Saturday following their birthday each year. Each child's communication with the non-custodial parent shall be kept open by way of telephone and mail. Mother and Father ~vill at all times inform the other parc~ of their ctm'ent home telephone number and address, work telephone number ;lnd :,ddrcss and any emergency phone numbers. Father and Mother will notify each other of all medical c:u'c c~{~c,' ch/Id receives while in'that parent's care. Father and Mother will n,,m\' immediately of medical or other emergencies which ar/sc x~ hilt thc children are in that parent's care. Neither party will do anything xvhich may estrange the children fi-om the other parent, or injure the opinions of the children as to the other ix, rent or may hamper the free and natural .development of the children's love and respect for 3 the other parent. Both parties will actively promote such behavior/n all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother in this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 10. The pm:ties intend to be legally bound by'the terms Of this Agre~l'~,~t /ntend that the a~reement shall be made an order of the Court. Clarence Ray Parke~' ' Rose Marie Parker Cext/fied Legal htem THOMA~ M. PLACE ROBERT E. RAINS TERI L. HENNING Supexvising Attorneys FAMILY LAW CI3NIC 45 No~ Pitt Street Carlisle, PA 17013 717/243-2968 ORDER And now, thi~ ~}1 dayof ._~fO.O.l' ~ Agreement is approve~md entered as aa Order of the CouP. ,2oo¢, the foregoiag 5 T~U~ C~PY FROM RECC~RD In Testimony ,,,i~:::r~of, I here vnto set my hand ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUqMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93CIVIL TERM CERTIFICATE OF SERVICE I, Teri L. Henning, hereby certify that I am serving a true and correct copy of the petition for civil contempt for disobedience of a custody order on Clarence Ray Parker, by hand delivery at the Cumberland County Courthouse, Carlisle, PA 17013, this 6t~ day of September, 2001. Date: .~. Henni&ng ~ Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendm~t, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT To the Prothonotary: Please withdraw the Petition for Civil Contempt, filed by The Family Law Clinic, on behalf of Rose M. Parker, on September 6, 2001, in the above captioned matter. Date: September 14, 2001 ~S~--M. PLA~E ROBERT E RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TE1LM CERTIFICATE OF SERVICE I, Teri L. Henning, Family Law Clinic, hereby certify that I am serving a tree and correct copy of the Praecipe to Withdraw the Petition for Civil Contempt filed on September 6, 2001 in the above captioned matter, by depositing a copy of the same in the United States mail, first class, postage prepaid, this 14th day of September 2001, addressed as follows: September 14, 2001 Clarence Ray Parker Bldg. C. Apt. 304 East Ridge Avenue Sellersville, PA 18960 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243~2968 ROSE M. PARKER, Plaintiff V CLARENCE R. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 93 CIVIL IN CUSTODY COURT ORDER AND NOW, this I ~ day of October, 2001, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ube~n X. G~uire Custody C,~,itSator ROSE MARIE PARKER Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the following pages, you may, but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at .M, in Courtroom (Day and Date) (Time) IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have wilfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Date j. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable 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. ROSE MARIE PARKER : Plaintiff : CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CONTEMPT NO. 01-93 C1VIL TERM ORDER OF COURT AND NOW, this day of ~ 2001, upon consideration of the attached Petition for Civil Contempt for Disobedience of Custody Order, it is hereby ordered as follows: Defendant is held in contempt of the Court's January 8th and September 6th, 2001 Custody Orders. Defendant is ordered to comply with both the January 8~ and September 6t~, 2001 Custody Orders. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker on Saturday, November ,2001, and shall pick them up at the residence on Sunday November __, 2001, and shall do the same every weekend thereafter until further order of this Court. Defendant is assessed a $500 penalty for acting in contempt of the Court's Custody Order pursuant to 23 Pa. C.S. § 4346. BY THE COURT, ROSE MARIE PARK/~R Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER Plaintiff/Petitioner, Rose Marie Parker, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Clarence Ray Parker, in contempt of the September 6, 2001 and January 8, 2001 Court Orders. In support of her petition, Petitioner states as follows: 1. Rose Marie Parker ("Mother") and Clarence Ray Parker ("Father") are the biological parents of Crystal Parker, bom April 11, 1985 and Mary Parker, born February 21, 1986 ("the Children"). 2. On January 8, 2001, pursuant to the consent of the parties, this Court entered an Order awarding the parties shared legal custody of the Children and awarding Father primary physical custody and Mother periods of partial physical custody. A true and correct copy of the January 8, 2001 Order is attached to this Petition as Exhibit "A". 3. Under the January 8, 2001, Order, Mother was granted periods of partial physical custody as follows: a. Mother was granted partial physical custody of the Children every other weekend from Saturday at 8:00 a.m. until Sunday at 6:00 p.m. b. The Order also included a holiday schedule. c. The Order required that each child's communication with the non-custodial parent be kept open by way of telephone and mail. d. The Order required Mother and Father to inform the other of their current home telephone number and address, work telephone number and address, and any emergency telephone numbers. e. The Order prohibited either party from doing anything which may estrange the Children from the other parent, or injure the opinions of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent. 4. On September 6, 2001, the Family Law Clinic, on behalf of Mother, filed a Petition for Special Relief and a Petition for Contempt against Father, because Father: a) was refusing to allow mother to exercise her periods of partial custody; b) was refusing to provide mother with the children's address or telephone number; c) was refusing to allow Mother to communicate with the children by telephone and; d) had failed to enroll the Children, both of whom are compulsmy school age, in school. 5. After a heating on September 6,2001, this Court entered an Order requiring Father to: a) allow Mother to make telephone calls to the children; and b) transport the children to Mother's residence every other Saturday and pick them up Sunday. The September 6, 2001 Order further provided that failure of Father to comply with the terms of the September 6, 2001 order and the January 8, 2001 Order may result in fine and/or imprisonment pursuit to 23 Pa. CS. §4346. A true and correct copy of the September 6, 2001 Order is attached as Exhibit "B". 6. Father has wilfully failed to abide by the January 8,2001 and September 6, 2001 Orders in that: a. Under the Orders Father was required to bring the Children to visit Mother on the following weekends: September 8t~ to the 9~, September 22'~a to the 23% October 6th to the 7tit, October 20t~ to the 21st, and November 3ra to the 4th. Of those five weekends, he failed to bring the children for a visit on three of them, September 22nd to the 23fd ,October 20t~ to the 21~ , and November 3ra to the 4th. a. Father has allowed the Children to speak to the Mother over the telephone on only one occasion. The call lasted only one to two minutes before Father made the Children end the call. b. Father is estranging the children from the Mother and hampering the free and natural development of the Children's love and respect for the Mother. d. Upon information and belief, the Father failed to enroll the children, both of whom are of compulsory school age, in school until October 16, 2001. The Children were not enrolled in school for over a month's time. Moreover, Father has failed to consult with Mother regarding any change in the children's education. WHEREFORE, Petitioner requests that: 1. Father be held in contempt of the Court's January 8 and September 6, 2001 Orders of Custody; 2. Father be ordered to comply with the January 8 and September 6, 2001 Orders; 3. Mother be awarded compensatory partial physical custody time every weekend until further Order of Court, to make up for the wrongful deprivation of custodial time; 4. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa. C.S. § 4346; and 5. Mother be awarded such other relief that the Court deems appropriate. Respectfully submitted, Date Debra Hart Munchel Certified Legal Intern / r~~S M. PLACE ROBERT E. RAINS TERI L. HENN1NG Staff Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER, PLAINTIYF CLARENCE ILAY PARKER, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. Ol- 9,.~ CIVIL TERM CUSTODY AGREE1ViENT THIS AGREEMENT, made this ~ ~."~ day of ~'~_c.,~ ~-~-,,., g .2~,'u). between Rose Mane Parker. hereinafter Mother, and Clm'ence Ray Parker. hc,'cmalicr Father. concerns the custody o£1he parties' minor children: Crystal Parker. bol]l .\pl-tl 11. I')85 and Mar>.' Parker. bom February 21, 1986. Mother and Father desi,'e to enter into an a~eement as to ~bc cus~,,d?. ,,t' their minor children and to have this agreement made an Order of the Court \lolhcr and lather hereby agree to the following 1 Mother and Father shall have shared legal custody of 2. Father will have primary physical custody of the children 3. Mother will exercise periods of partial physical custody x~ ltt~ thc children every other weekend fi'om Saturday at 8:00 a.m. until Sunday :it 0:00 p.m.. a. At Mother s opnon, Mother may exerc'se one cu~;todia weekend each month at Father's residence. If she does so. she may stay at -Father's res;da, ,- ~m 5:00 p.m. Friday until 5:00 p.m. Sunday. b. If Mother's !;ring situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from $ a.m. to g p.m. on Saturday and Sunday, 4. Holiday Schedule. Mother and Father will exercise physical custody of the children during holidays in the following manner: a. Mother will have physical custody of the children on the following holidays in evenmumbered years: Thanksgiving, Christmas Day (3 p.m, - 8 pm.), Easter, New Year's Day, and 1uly 4'~. b. Father will have physical custody of the children on the following holidays in evenmumbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m, Christmas Day), Memorial Day, and Labor Day. c. Mother will have physical custody of the children on the following holidays in oddmumbered years: Christmas Eve (from 3 pm. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. d. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4'~. 2 Mother will have physical custody of the children on Mother's Day. f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then Father's custodial period shall begin at 9 a.m. that Sunday. g. Mother will have physical custody of each child on the Saturday following their birthday each year. Each child's communication xvith the non-custodial parent shall be kept open by way of telephone and mail. Mother and Father will at all times inform the other parent of their tun'tnt home telephone number and address, work telephone number and address and any emergency phone numbers. Father and Mother will not/fy each other of ail medical care either ct~ild receives while in'that parent's care. Father and Mother xxill nt,t~l'y thc other immediately of medical or other emergencies which arise x% hilt thc children are in that parent's care. Neither party will do anything which may estrange tile children fi'om th~ other parent, or injure the opinions of the children as to the other parent or may hamper the free and natural .development of the children's love and respect for the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother ~n this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 4 10. The wades intend to be legally bound by the terms 0fthis Agaet~ , ~; ~ aU intend that the agreement shall be made an order of the Cour~ Rose Marie Parker .~mie Miilc~· Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ORDER now, Agreement is approved ~nd entered as an Order of the Court. ,200~, the foregoing 5 TRU~ C"PY FROM RECORD In Te$1~mony ~,..h:~:r~,of, ~ here unto set my hand and the. seal of sa~d, Court~, Pa. Th,~...~.......,¢A......~ ,-.~:~ ~ Pr6tho~ta~ ' ~ ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER : Defendant, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERlaND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this _~_ day of ,~tr~, 2001, upon Petition for Special Relief, it is hereby ORDERED as follows: consideration of the attached Dofond~xt, Om once Ray Pa&er, is ORDERED to file *vith tiff, Cum t and se~ ye on eoun0ol for Ro~c Mmic Parker by the end ~Jf tho business day in which he is s~rvod, tlae h uo and con'ect~cldren~ ~n0 phonc numbea-where he, Clystal Parlcer and Mary Fmk~ me .~li~g. He is Ordered to allow Rose Marie Parker to send and r,eci~,o telephone calls to and from their children. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker ~t4~4~m., Saturday, $~ptomber 8, 2o~l, and pick them up at that residence af-~00-p-.m, on Sunday, ~vtomb~r 9, 2~001,-ma~h~lm~ dc~ tha ,~rle every~weekend h~f*er until further order of this Court. Failure of Defendant, Clarence Ray Parker, to comply with the terms of this Order and the Court's Order of January 8, 2001, may result in fine and/or imprisonment pursuant to 23 Pa.C.S. { 4346. along with their legal coun'g~l~all appear in person. BY THE COURT, VERIFICATION 1 verify that the statements made in this Petition for Civil Contempt for Disobedience of Custody Order are true mid correct. I understand that false statements herein are made subject to the penalt/es of 18 Pa.C.S ~ 4904 relating to unswom falsification to authorities. Rose Marie Parker ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CONTEMPT NO. 01-93 CIVIL TERM CERTIFICATE OF SERVICE I, Debra Hart Munchel, hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt on Clarence Ray Parker at Building C, Apartment 304, East Ridge Avenue, Sellersville, Pennsylvania, 18960, by depositing a copy of the same in the United States rrm/l, this 14~h Day of November, 2001. Date: Debra Hart Munchel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ROSE MARIE PARKER : PLAINTIFF V. 01-93 CLARENCE RAY PARKER DEFENDANT : 1N CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, November 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2001 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy,£sq.,~ 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 hav/ng 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROSE MARIE PARKER, Plaintiff, Petitioner V. CLARENCE RAY PARKER Defendant, Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW :IN CUSTODY :NO. 01-93 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 14t~ day of November, 2001, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Rose Marie Parker, by her attorneys, the Family Law Clinic, seeking emergency partial physical custody of her minor children, Crystal Parker and Mary Parker, and presents the following Petition for Special Relief: The petitioner is Rose Marie Parker, an adult individual who resides at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania. The respondent, Clarence Ray Parker, is an adult individual who formerly resided at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania, and whose current address is Building C, Apartment 304, East Ridge Avenue, Sellersville, Bucks County, Pennsylvania, 18960. The petitioner is the biological mother (the "Mother") of the minor children, Crystal Parker and Mary Parker, bom April I 1, 1985 and February 21, 1986, respectively (the "Children"). The respondent is the biological father ( the "Father") of the Children. On January 8, 2001, The Honorable Kevin A. Hess entered an Order awarding Mother and Father shared legal custody of the Children, and awarding the Father pr/mm3, physical custody and the Mother partial physical custody. A true and correct copy of the January 8, 2001 Order is attached to this Petition as Exhibit "A". Under the January 8, 2001 Order, the Mother was granted periods of partial physical custody, including every other weekend from Saturday until Sunday, and certain holidays. 10. 11. 12. 13. On September 6, 200 l, the Family Law Clinic, on behalf of Mother, filed a Petition for Special Relief and a Petition for Contempt against Father, because Father: a) refused to allow Mother to exercise her periods of partial custody; b) refused to provide Mother with the Children's address or telephone number; c) refused to allow Mother to communicate with the children by telephone and; d) had failed to enroll the Children, both of whom are compulsory school age, in school. After a hearing on September 6,2001, this Court entered an Order requiring Father to: a) allow Mother to make telephone calls to the children; and b) transport the children to Mother's residence every other Saturday and pick them up on Sunday. The September 6, 2001 Order further provided that fa/lure of Father to comply with the terms of the September 6, 2001 Order and the January 8, 2001 Order may result in fine and/or imprisonment pursuit to 23 Pa. CS. §4346. A true and correct copy of the September 6, 2001 Order is attached as Exhibit "B". Despite the Court's January 8, 2001 and September 6, 2001 Orders, Father has continued to violate the terms of both Orders. Pursuant to the January 8, 2001 and the September 6, 2001 Court Orders, Father was required to bring the children to Mother's residence beginning September 8, 2001, and every other weekend after that. In violation of that Order, Father did not bring the Children to Mother's residence on September 22nd to the 23rd ,October 20th to the 21 s~, and November 3rd to the 4th. Nor did he call to inform Mother that he would not bring the Children. Father did bring the children to see Mother on the weekend of September 8 and October 6, 2001 but has failed to bring them any other weekend. On or about October 5, 2001, the Family Law Clinic contacted the Father to rem'md him of his obligations under the Orders. He refused to bring the children to visit with the Mother and became increasingl~ agitated during the conversation. In violation of the September 6, 2001 Order, the Father has refused to allow the Mother to make telephone calls to the children. To date, he has allowed one phone call, only one minute to two minutes in length. During the call, Mother heard him telling the Children what to say to the Mother. The Mother believes and avers that it is in the best interest of the children that she be 14. allowed the partial physical custody provided under the Custody Orders of Janum3, 8, 2001 and September 6, 2001. The Mother believes and avers that it is in the best interest of the children that she be allowed compensatory partial physical custody time every weekend, beginning on November 24th, 2001 and continuing thereafter until further order of the Court. WHEREFORE, Petitioner, Rose Marie Parker, respectfully requests that: 1. Father be ordered to comply with the January 8 and September 6, 2001 OMers; 2. Mother be awarded compensatory partial physical custody time every weekend until further Order of Court, to make up for the wrongful deprivation of custodial time; 3. Mother be awarded such other relief that the Court deems appropriate. Respectfully submitted, Date Debra Hart Munchel Certified Legal Intern ROBERT E. RAINS TERI L. HENNING Staff Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 ROSE MARIE PARKER, PLAINTI]:F CLARENCE IL-XY PARKER, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO.O/- c~,~ CWIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ it?v- day of~),,,zc_,~ ~-,,.\ ,, ~- . ? ")(). between Rose Marie Parker. hereinafter Mother, and Clarence Ray Parker. hcrcmt~licr Father. concerns the custody of the parties' minor children: Crystal Parker. bom .\l,'rfl and MaD· Parker. bom February 21, 1986. .Mother and Father desire to enter into an a~eement as to Ibc cust,~dx ,,fthcir minor children and to have this agreement made an Order of the Court \h,tl~cr ,md tafl~cr hereby agree to the following I Mother and Father shall have shared legal custody o~' thc 2. Father will have primary physical custody of the children 3. Mother will exercise periods of partial physical custody x~ ith thc children every other weekend fi.om Saturday at 8:00 a.m. until Sunday at 0:00 p.m.. a. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so. she may stay at · Father's res;~:~ ,,~ fi-,,rn 5:00 p.m. Friday until 5:00 p.m. Sunday. b. If Mother's ~:ving situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 ~m. to 8 p.m. on Saturday and Sunday. Holiday Schedule. Mother and Father will exercise physical custody of the ehiTdren during holidays in the following manner: a. Mother will have physical custody of the children on the following holidays in even-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4th. b. Father will have physical custody of the children on the following holidays in even-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Chrismms Day), Memorial Day, and Labor Day. c. Mother will have physical custody of the children on the follo~ving holidays in odd-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), MemOrial Day, and Labor Day. d. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4th. 2 Mother will have physical custody of the children on Mother's Day. f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then Father's custodial period shall begin at 9 a.m. that Sunday. g. Mother will have physical custody of each child on the Saturday following their birthday each year. 5. Each child's communication with the non-custodial parent shall be kept open by way of telephone and mail. 6. Mother and Father will at all times inform the other parent o1' lhcil' cull'tnt home telephone number and address, work telephone number and ;Lddrcss and any emergency phone numbers. 7. Father and Mother will notify each other of all medical care ctthcr child receives while in'that parent's care. Father and Mother x~ ill m,tt f.', die other immediately of medical or other emergencies which m-isc ~x hilt thc children are in that parent's care. 8. Neither party will do anything which may estrange tile children fi'om thc other parent, or injure the opinions of the children as to the other parent or may hamper the free and natural .development of the children's love and respect for 3 the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother in this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attom~. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 4 10. The pea ties intend to be legally bound by the terms Of this Agaet ~ · .:~ ~ aa intend that the agreement shall be made aa order of the Court. arence Ray Parke~ Rose Marie Parker Certified Legal Intem THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CL/NIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ORDER And now, this 8~t~ day of. Agreement is approved j~nd entered as aa Order of the Court. ,200~, the foregoing TRUE C~PY FROM RECCRD In Test:rnon,! ~,.,i~::n, of, I here unto set my hand and the~seal of sa~d, Court at CarlisLe, Pa. ¢ , / Prbtho~a~ ~ ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this _~ day of ,~t~, 2001, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED as follows: 1, Defendant, Clarence Ray Pzukcr, is ORDERED to file wifl, thi~ CX, m t and se~ ye on eouneel for Roac M,,xie Parker by the end of~o bugine~ day in which he is servod, the h ao and co'rent addre~ and phonc ntt,~b~, where iae, Crystal ~arlcer and Mary ?ask~ m ~ ,~r,~fidi~g. He is Ordered to allow Rose Marie Parker to send and rooe~w telephone calls to and from their children. 2. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker ~ g:99 2.m., Saturday, $~v,t~rnber 8, 2n~, and pick them up at that residence at4bC0-15~n, on Sunday, S~tomb~r 9, 20~,-m'd--s/mtt- do thv l?~e every~weekend fl~-t~r until fusther order of this Court. 3. Fa/lure of Defendant, Clarence Ray Parker, to comply with the terms of this Order and the Court's Order of January 8, 2001, may result in fine and/or imprisonment pursuant to 23 Pa.C.S. § 4346. of 'X,~2001 at . o'clodKin Courtroom Number ~mberland C°un~',,~urth~iong wi~ the~.r legal coun. g~/lall ap;~ e; :ne:~3' at wl~'ch k~ttw parties BY THE COURT, J. VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are tree and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /1/ 7 // c/ Rose Marie Parker ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY NO. 01-93 CWIL TERM CERTIFICATE OF SERVICE I, Debra Hart Munchel, hereby certify that I am serving a tree and correct copy of the Petition for Special Relief on Clarence Ray Parker at Building C, Apartment 304, East Ridge Avenue, Sellersville, Pennsylvania, 18960, by depositing a copy of the same in the United States mail, this 14th Day of November, 2001. Debra Hart Munchel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ROSE MARIE PARKER : PLAINTIFF V. 01-93 CLARENCE RAY PARKER DEFENDANT : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, December 04, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.___, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2001 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to apl~ear 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearino. FOR THE COURT. By: /s/ [-J'ubett X, Gib'or, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before tbe 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SHERIFF'S RETURN CASE NO: 2001-00093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARKER ROSE M VS PARKER CLARENCE R - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT PARKER CLARENCE R but was unable to locate Him deputized the sheriff of BUCKS serve the within ORDER OF COURT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On December 27th 2001 attached return from BUCKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 12/27/2001 FAMILY LAW Sworn and subscribed to before me this ~ day of~ A.D. Prothonotary this office was in receipt of the So answer_s~. ~---j~_ - ~ R. Thomas Kline ~ Sheriff of Cumberland County BUCKS UNTY,of SHERIFF'S RETURN Special Instructions Action Civil - Custody Plaintiff i~se ~,n~ie Parker va Defendant Cla~-cncc Ray Parkcr Buildins C, Apt. 304 East Ridge Avenue Sellersville, Pa 18960 Address Served if Different Served under Pa.R.C.P. #402 (A) (i) Defendant personally served IA) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence IA) (2) (ii) Manager/Clerk at Defts. Lodging (A) (2) (iii) Person in Charge of Business By Handing to ting -- 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Def. Unknown Dep. Needs Better Add. Checked Post Office ~ No Forwarding Fo~r~v~rd, ing ~ddre, ss ~'['t/v~ ~ ~'~ Witness d*f*ndant a* ~r inform~tio~ li~d ~o~n~ CounW So a~~-, ~' .,~ ..~ Lawrence R. Michaels, Sheriff of Bucks Cou~y Prothonotary' ~ ' ubS' )~his ~and subs .bed before me on this d Notary Public My Com. Exp. BUCKS 12/18/200t 1'7:58 MISC DOCKET ADMINIST:i~Ti IN ~UIL~I~X C, DOYLEST]J?,, r-,,~ 1~90! 2001 33316 LOCATIO~I: CIJT 2F C~UNTY CLASS: ASSUMPSIT SHERIFF'S RETURN OF SERVICE SHERIFF'S OFFICE CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE PA ~7013 ATTN:CLINIC THE FAMILY LAW PLAINTIFF PARKER ROSE MARIE VS. lA DEFENDANT RKER CLARENCE RAY BUILDING C, APT. 304 EAST RIDGE AVENUE SELLERSVILLE~ PA 18960 11142001 COMPLAINT - ~IVIL ACTION RECEIVED FROM CUMBERLAND COUNTY SHERIFF'S JON / ATT: THE F~MILY LAW CLINIC 11292001 RECEIVED I~ SMERIFF'S OFFICE FOR SERVICE. COSTS OF $48.00 , WAIVED. JON 12132001 SHERIFF' R~TURN, UNDER OATH, NOT FOUND BY DEPUTY PEAK AS TO JON DEFENDANT CLARENCE RAY PARKER. RETURNED PER OFFICE. HEARING ON 12/ 14/01. JON 12172001 INVOICE MAILED TO CUMBERLAND COUNTY SHERIFF'S JON ATT: FAMILY LAW CLINIC END ~F CASE In The Court of Common Pleas of Cumberland County, Pennsylvania Rose Marie Parker VS. Clarence Ray Parker · Serve: Clarence Ray Parker NO. O1 93 civil NOW, r'a=eember 3 ,20. 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to~ a and made lmown to Affidavit of Service ,20 _, at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ROSE MARIE pARKER, Plaintiff CLARENCE RAY pARKER, Defendant IN THE COURT OF ~OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE AND CUSTODY NO. 01-93 CIVIL TERM ~' tl. -. PRAECIPE TO PROCEED IN FORMA PALrpE~s To the Prothonotary: Kindly allow Rose Marie Parker, Plaintiff, to proceed in forma pauperis. I, Teri L. Henning, of the Family Law Clinic, Staff Attorney, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am pro~,iding free legal service to the party. Date: g Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff ROSE MARIE PARKER, Plaintiff, Petitioner V. CLARENCE RAY PARKER Defendant, Respondent :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW :iN CUSTODY ;NO. 01-93 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 14t~ day of November, 2001, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Rose Marie Parker, by her attomeys, the Family Law Clinic, seeking emergency partial physical custody of her minor children, Crystal Parker and Mary Parker, and presents the following Petition for Special Relief: The petitioner is Rose Made Parker, an adult individual who resides at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania. The respondent, Clarence Ray Parker, is an adult individual who formerly resided at 408 Third Street, Apt. B. West Fairview, Cumberland County, Pennsylvania, and whose current address is Building C, Apartment 304, East Ridge Avenue, Sellersville, Bucks County, Pennsylvania, 18960. The petitioner is the biological mother (the "Mother") of the minor children, Crystal Parker and Mary Parker, bom April 11, 1985 and February 21, 1986, respectively (the "Children"). The respondent is the biological father ( the "Father") of the Children. On January 8, 2001, The Honorable Kevin A Hess entered an Order awarding Mother and Father shared legal custody of the Children, and awarding the Father primary physical custody and the Mother partial physical custody. A tree and correct copy of the January 8, 2001 Order is attached to this Petition as Exhibit "A". Under the January 8, 2001 Order, the Mother was granted periods of partial physical custody, including every other weekend from Saturday until Sunday, and certain holidays. 7. On September 6,2001, the Family Law Clinic, on behalf of Mother, filed a Petition for Special Relief and a Petition for Contempt against Father, because Father: a) refused to allow Mother to exercise her periods of partial custody; b) refused to provide Mother with the Children's address or telephone number; c) refused to allow Mother to communicate with the children by telephone and; d) had failed to enroll the Children, both of whom are compulsory school age, in school. 8. After a hearing on September 6, 2001, this Court entered an Order requiring Father to: a) allow Mother to make telephone calls to the children; and b) transport the children to Mother's residence every other Saturday and pick them up on Sunday. The September 6, 2001 Order further provided that failure of Father to comply with the terms of the September 6, 2001 Order and the January 8, 2001 Order may result in fine and/or imprisonment pursuit to 23 Pa.C.S. §4346. A tree and correct copy of the September 6, 2001 Order is attached as Exhibit "B". 9. Despite the Court's January 8, 2001 and September 6, 2001 Orders, Father has continued to violate the terms of both Orders. 10. Pursuant to the January 8,2001 and the September 6, 2001 Court Orders, Father was required to bring the children to Mother's residence beginning September 8, 2001, and every other weekend after that. In violation of that Order, Father did not bring the Children to Mother's residence on September 22na to the 23~d ,October 20th to the 21st, and November 3'd to the 4th. Nor did he call to inform Mother that he would not bring the Children. Father did bring the children to see Mother on the weekend of September 8 and October 6, 2001 but has failed to bring tbem any other weekend. 11. On or about October 5, 2001, the Family Law Clinic contacted the Father to remind him of his obligations under the Orders. He refused to bring the children to visit with the Mother and became increasingl~ agitated during the conversation. 12. In violation of the September 6, 2001 Order, the Father has refused to allow the Mother to make telephone calls to the children. To date, he has allowed one phone call, only one minute to two minutes in length. During the call, Mother heard him telling the Children what to say to the Mother. 13. The Mother believes and avers that it is in the best interest of the children that she be 14. allowed the partial physical custody provided under the Custody Orders of January 8, 2001 and September 6, 2001. The Mother believes and avers that it is in the best interest of the children that she be allowed compensatory partial physical custody time every weekend, beginning on November 24~h, 2001 and continuing thereafter until further order of the Court. WHEREFORE, Petitioner, Rose Marie Parker, respectfully requests that: 1. Father be ordered to comply with the January 8 and September 6, 2001 Orders; 2. Mother be awarded compensatory partial physical custody time every weekend until fuffiter Order of Court, to make up for the wrongful deprivation of custodial time; 3. Mother be awarded such other relief that the Court deems appropriate. Respectfully submitted, Date Debra Hart Munchel Certified Legal Intern ROBERT E. RAINS TERI L. HENNING Staff Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 ROSE MARIE PARKER, PLAINTIFF CLARENCE RAY PARKER, DEFENDANT :IN THti COURT OF COMMON PLEAS OF ' :CLrM/~ERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO.O/- 9,.~ CWIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this t ~.,x-.- day of~"~e_,~ c,,)'.., C .2~10. between Rose Mane Parker. hereinafter Mother, and Clarence Ray Parker. hcrcinalicr Falhcr. concerns the custody of the parties' minor children: Crystal Parker. bom .\phi I I. o85 and Mar>.' Parker. bom February 21, 1986. Mother and Father desire to enter into an agreement as to thc custodx ,,f Ihcir minor children and to have this agreement made an Order of the Court \lothcr .uld l}tlhcr hereby agree to the following I Mother and Father shall have shared legal custody of thc ch*kb'ch 2 Father will have primary physical custody of the children 3. Mother will exercise periods of partial physical custody with Ihe children every other weekend from Saturday at 8:00 a.m. until Stmdav at o:00 p.m.. a. At Mother's option, Mother may exercise one custodial weekend each month at Father's residence. If she does so. she may stay at -Father's res/da/,~ ,6-nm 5:00 p.m. Friday until 5:00 p.m. Sunday. b. If Mother's -~:ving situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 a.m. to 8 p.m. on Saturday and Sunday. Holiday Schedule. Mother and Father will exercise physical custody of the children during holidays in the following manner: Mother will have physical custody of the children on the following holidays in even-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4t~. Father will have physical custody of the children on the following holidays in even-numbered years: Christmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. Mother will have physical custody of the children on the following holidays in odd-numbered years: Ch~qstmas Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memohal Day, and Labor Day. Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4'h. 2 e. Mother will have physical custody of the children on Mother's Day. f. Father will have physical custody ofthe children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then Father's custodial per/od shall begin at 9 a.m. that Sunday. g. Mother will have physical custody of each child on the Saturday following their birthday each year. Each child's communication with the non-custodial parent shall be kept open by way of telephone and mail. Mother and Father will at all times inform the other' parent o~' their curt'tnt home telephone number and address, work telephone mm~bcr and address and any emergency phone numbers. Father and Mother will notify each other of all medical care mlhcr child receives while in'that parent's care. Father and Mother xxill nt,t~13 thc o~her immediately of medical or other emergencies which arise x~ hilt th~: children are in that parent's care. Neither party will do anything which may estrange thc ch ildrcn (rom thc other parent, or injure the opinions of the children as to the other parent or may hamper the free and natural .development of the children's love and respect for the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother ha this matter. The Family Law Clin/c has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily wa/red his r/ght to seek counsel regarding this matter. 4 10. The pa~ties intend to be legally bound by the terms Of this Aga intend that the agreement shall be made an order of the Court. arence Ray Parkeff Rose Marie Parker Certified Legal Ihtern THOMAS M. PLACE ROBERT E. RAINS TERI L. KENNING Supervising A~tomeys FAMILY LAW CLINIC 45 North Pitt S~xeet Carlisle, PA 17013 717/243-2968 ORDER ~ow,~ 8~1~ ~yoC Agreement is approved/and entered as an Order of the Court. ./ · 200~, the foregoing TRUE Ce?Y FROM RECORD Jn T~slirn~n'/~,,?_rz:of, I here unto set my hand and the. seal of sa:,d, Court at Carlisle, Pa. ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM ORDER OF COURT AND NOg[, this _~_ day of ~r~, 2001, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED as follows: Defcndzn~t, Clau~nce Ray Peak,r, is ORDERED to file with this Cum t and se~ ve on · o~el for R~c M~i~ P~er by ~e end or tho ~s~e~ day in w~ch he ia so~od, ~e ttao ~d ~a~ect addres~ ~d phone ~m~b~here he, C~yst~ ~K~r ~d M~ Pmk~ m~ *~:n:-', He is Ordered to allow Rose Marie Parker to send and r~c~ivo telephone calls to and from their children. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker ae~0(I-a,m., Saturday, Segtember and pick them up at that residence at 5:09 p.m. on Sunday, $,.gternbor 9, 2001 dr~ th e ~ame every~weekend t~r-ea~r until further order of this Court. Failure of Defendant, Clarence Ray Parker, to comply with the terms of this Order and the Court's Order of January 8, 2001, may result in fine and/or imprisonment pursuant to 23 Pa.C.S. § 4346. A, ~ding this Petitt'~~ Relief is hereb3 sche~a~d for the . day of x,x~2001 at ~_~_. Q'clo~Courtroom Number ~_~, BY THE COURT, VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are tree and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Rose Marie Parker ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM CERTIFICATE OF SERVICE I, Debra Hart Munchel, hereby certify that I am serving a true and correct copy of the Petition for Special Relief on Clarence Ray Parker at Building C, Apartment 304, East Ridge Avenue, Sellersville, Pennsylvania, 18960, by depositing a copy of the same in the United States mail, this 14t~ Day of November, 2001. Date: Debra Hart Munchel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER : PLAINTIFF V. 01-93 CLARENCE RAY PARKER DEFENDANT : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, November 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2001 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry eta 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/ Hnbert X. Gilroy, Esq. ~/v~ 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. RECEiYEB I)V 3 0 21 I Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 *~'[~[JE COlby 1,~ Testimony whereof, I here unto set my hah and the seal of said Court at Carlisle, Pa. This ...v~.~ .. day of.~]z~ , rothonotary ROSE MARIE PARKER Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the following pages, you may, but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on _.M, in Courtroom (Day and Date) (Time) IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have wilfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 17013 (717) 249-3166 BY THE COURT: Date j. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail 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. ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Petition for Civil Contempt for Disobedience of Custody Order, it is hereby ordered as follows: Defendant is held in contempt of the Court's January 8th and September 6t~ , 2001 Custody Orders. Defendant is ordered to comply with both the January 8' and September 6', 2001 Custody Orders. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Marie Parker on Saturday, November ,2001, and shall pick them up at the residence on Sunday November ,2001, and shall do the same every weekend thereafter until further order of this Court. Defendant is assessed a $500 penalty for acting in contempt of the Court's Custody Order pursuant to 23 Pa. C.S. § 4346. BY THE COURT, ROSE MARIE PARKER Plaintiff/Petitioner CLARENCE RAY PARKER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CONTEMPT NO. 01-93 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER Plaintiff/Petitioner, Rose Marie Parker, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Clarence Ray Parker, in contempt of the September 6, 200l and January 8, 2001 Court Orders. In support of her petition, Petitioner states as follows: 1. Rose Made Parker ("Mother") and Clarence Ray Parker ("Father") are the biological parents of Crystal Parker, bom April 11, 1985 and Mary Parker, bom February 21, 1986 ("the Children"). 2. On January 8,2001, pursuant to the consent of the parties, this Court entered an Order awarding the parties shared legal custody of the Children and awarding Father primary physical custody and Mother periods of partial physical custody. A true and correct copy of the January 8, 2001 Order is attached to this Petition as Exhibit "A". 3. Under the January 8, 2001, Order, Mother was granted periods of partial physical custody as follows: a. Mother was granted partial physical custody of the Children every other weekend from Saturday at 8:00 a.m. until Sunday at 6:00 p.m b. The Order also included a holiday schedule. c. The Order required that each child's communication with the non-custodial parent be kept open by way of telephone and mail. d. The Order required Mother and Father to inform the other of their current home telephone number and address, work telephone number and address, and any emergency telephone numbers. e. The Order prohibited either party from doing anything which may estrange the Children from the other parent, or injure the opinions of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent~ 4. On September 6, 200l, the Family Law Clinic, on behalf of Mother, filed a Petition for Special Relief and a Petition for Contempt against Father, because Father: a) was refusing to allow mother to exercise her periods of partial custody; b) was refusing to provide mother with the children's address or telephone number; c) was refusing to allow Mother to communicate with the children by telephone and; d) had failed to enroll the Children, both of whom are compulsory school age, in school. 5. After a hearing on September 6, 2001, this Court entered an Order requiring Father to: a) allow Mother to make telephone calls to the children; and b) transport the children to Mother's residence every other Saturday and pick them up Sunday. The September 6, 2001 Order further provided that failure of Father to comply with the terms of the September 6, 2001 order and the January 8, 2001 Order may result in fine and/or imprisonment pursuit to 23 Pa. CS. §4346~ A true and correct copy of the September 6, 2001 Order is attached as Exhibit "B". 6. Father has wilfully failed to abide by the January 8, 2001 and September 6, 2001 Orders in that: a. Under the Orders Father was required to bring the Children to visit Mother on the following weekends: September 8t" to the 9% September 22~d to the 23fa, October 6th to the 7th, October 20~ to the 21 ~t, and November 3ra to the 4th. Of those five weekends, he failed to bring the children for a visit on three of them, September 22~a to the 23~a ,October 20t" to the 2Vt , and November 3ra to the 4th. a. Father has allowed the Children to speak to the Mother over the telephone on only one occasion. The call lasted only one to t~vo minutes before Father made the Children end the call. b. Father is estranging the children from the Mother and hampering the free and natural development of the Children's love and respect for the Mother. d. Upon information and belief, the Father failed to enroll the children, both of whom are of compulsory school age, in school until October 16, 2001. The Children were not enrolled in school for over a month's time. Moreover, Father has failed to consult with Mother regarding any change in the children's education. WHEREFORE, Petitioner requests that: 1. Father be held in contempt of the Court's January 8 and September 6, 2001 Orders of Custody; 2. Father be ordered to comply with the January 8 and September 6, 2001 Orders; 3. Mother be awarded compensatory part/al physical custody time every weekend until further Order of Court, to make up for the wrongful deprivation of custodial time; 4. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa. C.S. § 4346; and 5. Mother be awarded such other relief that the Court deems appropriate. Respectfully submitted, Date Debra Hart Munchel Certified Legal Intern M. PLACE ROBERT E. RAINS TERI L. HENNING Staff Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER, PLA1NTI]tF :IN THE COURT OF COMMON PLEAS OF :CI. FMBERLAND COUNTY, PENNSYLVANiA CLARENCE lC-kY PARKER, DEFENDANT :CIVIL ACTION - LAW :CUSTODY :NO.Ol-. 9~ CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this I g.5.- day of~"2~e_~~... ~ ~ -' tio. between Rose Marie Parker. hereinafter Mother, and Clarence Ray Parker. hereinafter Father. concerns the custody of the parties' minor children: Crystal Parker. bom .\lm l II. Io85 and Nlar'3.' Parker. bom February 21, 1986. .Mother and Father desire to enter into an a~eement as to fl~c cusl,,d? of their minor children and to have this agreement made an Order of the Coral X. lolhcr and l~llhcr hereby agree to the following Mother and Father shall have shared legal custody of file ,:in [drcn 2. Father will have primary physical custody of the children 3. Mother will exercise periods of partial physical cuswdy xx ith fl~e children every other weekend from Saturday at 8:00 a.m. tmtil Sunday at t~O0 p.m.. a. At Mother's option, Mother may exercise one cuswdial weekend each month at Father's residence. If she does so. she may stay at -Father's ?~s;~? ,, ~'?n 5:00 p.m Friday until 5:00 p.m. Sunday. b. If Mother's !:ring situation does not allow her to keep the children overnight, her weekend custodial periods (except those exercised at Father's residence) shall be from 8 a.m. to 8 p.m. on Saturday and Sunday. Holiday Schedule. Mother and Father will exercise physical custody of the children during holidays in the following manner: Mother will have physical custody of the children on the following holidays in even-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4a. Father will have physical custody of the children on the following holidays in even-numbered years: Chrism'ms Eve (from 3 p.m. on Christmas Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day. Mother will have physical custody of the children on the following holidays in odd-numbered years: Christmas Eve (from 3 p.m. on Chrism Eve until 3 p.m. Christmas Day), Memorial Day, and Labor Day, Father will have physical custody of the children on the following holidays in odd-numbered years: Thanksgiving, Christmas Day (3 p.m. - 8 p.m.), Easter, New Year's Day, and July 4t~. 2 e. Mother will have physical custody of the children on Mother's Day. f. Father will have physical custody of the children on Father's Day. If Father's Day falls during Mother's custodial weekend (and Mother is not exercising that weekend at Father's house), then Father's custodial period shall begin at 9 a.m that Sunday. g. Mother will have physical custody of each child on the Saturday following their birthday each year. Each child's communication with the non-custodial parent shall be kept open by way of telephone and mail. Mother and Father will at all times inform the other parent of their cttn'cllt home telephone nmmber and address, work telephone number and address and any emergency phone numbers. Father and Mother will notify each other of all medical care cnhcr ch/Id receives while in' that parent's care. Father and Mother x~il} u,,u 13 thc other immediately of medical or other emergencies which arise xx hdc ',he children are in that parent's care. Neither party will do anything xvhich may estrange the children from thc other parent, or injure the opinions of the children as to the other' pat'em or may hamper the free and natural .development of the children's love and respect for 3 the other parent. Both parties will actively promote such behavior in all other people with whom the children have contact. Father has been informed and understands that the Family Law Clinic represents Mother in this matter. The Family Law Clinic has explained that it does not represent Father and cannot give him any legal advice. Father understands that if he wants legal advice on this matter, he must see his own attorney. Understanding this, Father has voluntarily waived his right to seek counsel regarding this matter. 4 10. The pa ties intend to be legally bound by the terms oft his AlP et ~ . ;i ~ au intend that the agreement shall be made an order of the Court. arence Ray Parker~ Rose Made Parker \ Certified Legal Ihtern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 Nolth Pitt Street Carlisle, PA 17013 717/243-2968 ORDER And now, this ~}1 day of ~k~,ft3d3.1'.~ Agreement is ~rowd~d ~t~ed ~ ~ Order of~ Co~. ,200~, the foregoing T~UE C~P¥ FROM RECORD In T,$1im,.-r,y ~,~i~:.r~of, I here unto set my hand and the. seal o[ sa:,d, Court al CarJisLe, Pa. ROSE MARIE PARKER Plaintiff, Petitioner CLARENCE RAY PARKER Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this __~ day of ~q~t~, 2001, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED as follows: Defer, clair, Cluaence Ray Piukcr, is ORDERED to file with thi~ Cum t and se~ ye on counsel for R~c Maxi~ Parker by the end ur the business day in which he is sorvq~rlhe huo and correctaddress ~n4 phonc nm-nbc/where he, Crystal Parlcer and Mary Faak~l ua ~ .~r.~i~ag. He is Ordered to allow Rose Marie Parker to send and roeciv~ telephone calls to and from their children. Defendant, Clarence Ray Parker, is ORDERED to transport Crystal Parker and Mary Parker to the residence of Rose Made Parker a~4~-a,m., Saturday, ScFtomber 8, 2ac~l, and pick them up at that residence ~. on Sunday, 2,,~tember 9, 2001,-~a~gstm~ do tho lvme every&weekend tl~-~ff~r until further order of this Court. Failure of Defendant, Clarence Ray Parker, to comply with the terms of this Order and the Court's Order of January 8, 2001, may result in fine and/or imprisonment pursuant to 23 Pa.C.S. § 4346. BY THE COURT, VEKIFICATION I verify that the statements made in this Petition for Civil Contempt for Disobedience of Custody Order 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. Date: Rose M~ie ;~;er J' ROSE MARIE PARKER Plaintiff CLARENCE RAY PARKER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CONTEMPT NO. 01-93 C1VIL TERM CERTIFICATE OF SERVICE I, Debra Hart Munchel, hereby certify that I am serving a tree and correct copy of the Petition for Civil Contempt on Clarence Ray Parker at Building C, Apartment 304, East Ridge Avenue, Sellersville, Pennsylvania, 18960, by depositing a copy of the same in the United States mail, this 14th Day of November, 2001. r)ate: \k- \t4- O\ Debra Hart Munchel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 ROSE MARIE PARKER, Plaintiff v CLARENCE RAY PARKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI¥IL ACTION - LAW NO. 01 - 093 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~" day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father shall immediately begin delivering the children to the Mother for her time of physical custody in accordance with the prior custody orders entered in this case, When the Mother has custody of the minor children, the Mother shall under no circumstances allow Troy Grebinger to be at her home or have any contact whatsoever with the minor children. Mother's petition to hold Father in contempt is withdrawn without prejudice to raise the allegations contained therein in a future petition in the event Father violates this order. It is noted that Father has indicated at the custody conciliation conference an agreement to reinstate visitation without any restrictions subject only to the provision above relating to Mr. Grebinger, and it is anticipated that Father shall abide by that order or be subject to appropriate sanctions of this court upon the proper filing of a new petition for contempt. In all other respects, the prior custody orders entered in this case shall remain in effect including, but not limited to, the scheduled holiday visitation. CC: Gina Carnes Dickinson School of Law Family Law Clinic Clarence Parker C-304 East Ridge Avenue Sellersville, PA 18960 BY THE COURT, Kevin~. ess / LL2'31'61'S ROSE MARIE PARKER, Plaintiff CLARENCE RAY PARKER, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 093 CIVIL 1N CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Crystal Parker, born April 11, 1985; and Mary Parker born Febm2ry 21, 1986. A Conciliation Conference was held on December 14, 2001, with the following individuals in attendance: The Mother, Rose Marie Parker, with her representative, Gina Cames of the Dickinson School of Law Family Law Clinic; and the Father, Clarence Ray Parker, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. tEs rare Hubert X. Gilr~, 1 q ' Custody Conciliator squir~e ROSE MARIE PARKER, Plaintiff V CLARENCE RAY PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 093 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~:~n~ day of~,, 200;lk upon Conciliation Report, it is ordered and directed as follows: consideration of the attached Custody A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the cg.~n~ day of ~d,,~e~- , 2002 at I,'&O L5;M. At this hearing, testimony will be taken on Mother's Petition to hold Father in contempt. Counsel for the parties, or the parties if they do not have counsel, shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify at this hearing and a sunumry of the anticipated testimony of each witness. This memorandum shall be filed with the court in chambers at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order shall remain in effect. Gina Carnes Dickinson School of Law Family Law Clinic Clarence Parker C-304 East Ridge Avenue Sellersville, PA 18960 BY THE COURT, ROSE MARIE PARKER, Plaintiff V CLARENCE RAY PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 -093 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: Although the conciliator was able to resolve the issues with respect to Mother's petition to hold Father in contempt, Mother's counsel now indicates that Father again deliberately violated the custody order only a few days after the custody conciliation conference (See attached letter from Mother's counsel). Accordingly, a hearing is necessary and the conciliator recommends an order in the form as attached. DATE ~flN 02'02 FAMILY LAW CLINIC .... · 10:05 No.O02 P.O2 November 30, 2001 Hubert Gih.oy, Esquire 4 North ltanover SWeet Cra'lisle, PA. 17013 Re: Rose Parker v. Clarence Park.m' / Concilimion Dear Mr. Gilroy: I am writing to ask for a healing o. mir contempt and special relief pelilJons flied ill this On December 14, 2001, we attended file conciliation ill this matter, At that conciliation Clarence Parker agreed to bring both daughters, Mary and Cry~tal, to Rose Parker's residence every other weekend ~ it is outlined in the custody order The visilation was to begin on December 15*, Clarence agreed to it. H.owevcr, lie failed to bring the gifts on the 15m. As a result, we ~enew our Petition fei' Contm~pt and our Petition for Special Relief and ~,qk that you set this matter for a eom1 hearing. Sincerely, Gina M. Caraes cc: Clarence Pmlte,' PENN A~E_~_.. The Dickinson School Of Law VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0907 CIVIL CIVIL ACTION - LAW ORDER day of January, 2002, it appearing that the undersigned has a scheduling conflict, hearing in the above captioned matter set for February 22, 2002, is continued to Thursday, March 21, 2002, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Jeanne B. Costopoulos, Esquire For the Plaintiff Family Law Clinic, Esquire For the Defendant :rim BY THE COURT, Ke¢ Hess, J. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of Ctm~BERLAND Date of Order/Notice 12/31/01 ~;~,~.... Court/Case Number (See Addendum for case summary) C) Original Order/Notice C) Amended Order/Notice ~) Terminate Order/Notice EmployerANithl~lder's Federal EIN Number ALTON OCHSN~R MEDICAL FOUNDATI Employe rA, Vit hholde r's Name C/O PAYROLL DEPARTMENT E m ployer/Withholde r's Address 1516 JEFFERSON HWY NEW ORLEANS LA 70121-2429 RE: LEHMAN, W~NDELL B. Employee/Obli§or's Name (Last, First, MI) 197-40-7208 Employee/Obli§or's Social Securib/Number 9769100885 Employee/Obli§or's Case Identifier (See Addendum for plaintiff names assoc/ated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUM~ERI~ND County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ 0.0o per month in medical support $ 0. o0 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order, if your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ O. O0 per weekly pay period. $ O. O0 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholdin§, the followin§ information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-§77-676~9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PA CSES MEMBER ID (shown above as the Empfoyee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: Service Type M OMB No,: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS r-J [f checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in e~fect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from mom than one ereployee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identi~y the portion of the single payment that is attributable to each employee/obligor. 3.* Repol~in~ the Paydate/Date of Wit~holdillg. You reust repor~ the pa~'date/date of withholding widen sending the payment. Th~ p~ydate/date of withholding is the date ~a, which amount was withheld from the empluyee's wages. You must comply with the law oftbe state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Ereployee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this ereployee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you reust follow the Jaw of the state ofemployee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) Termination Notification: You must promptly noti~ the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy o/this Order/Notice to the Agency identified below. WITHHOLDER'S lO: 6??81003_65 EMPLOYEE'S/OBLIGOR'S NAME: L~.~.Jk~, h~'E)ELL B. EMPLOYEE'S CASE IDENTIFIER: 97693.00885 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay, If you have any questions about lurep sum payments, contact the person or authority below. 7. Liabi)ity: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the erep}oyee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/ob/igor from employment, refusing to employ, or taking disdplinary action against any ereployee/obligor because ora support withholding. Pennsylvania State law 8ovens unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l ~ or 2) the amounts allowed by the State of the employee's/obiigor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: ~DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at [717) 240.6248 or by Intemet Service Type Page 2 of 2 Form EN-028 Wo~erlD $IA?~ GRAND VIE~ HOSPI~ 700 Lavm Avenue Sellsrsville, PA 18960 (215) 453-4674 =~-~ ........ ~ ...... ~u~,~c PATIENT ~NSTR~CT~ON SHEET ~e ~ ~ ~ r~ ~ ~e ~rg~ ~pL ~ ~n r~r~ ~ an eme~ ~ ~, E ~ i~ ~ ~ ~ ~c ~n fam~ r~~f~m~ff~~~ta~~l~a~E~t. Meanwhile, FOLLOW THE INSTRUCTIONS BELOW as led/cateO for you. WOUND CARE (cuts, abres~ons, ~rns, etc.) Keep wound clean, dry, & covered. May shower in __ hours. Remove dressing & redress in ____ heors and _ times per day thereafter. Apply ar'~ib~o~k; oinf. ment with each ~tressing. __ Cleanee wound w~ ff signs of iofectiee develop (increasing redness, swelltug, pain, appearance of pus, fever, rout odor, or red streaks le skin) see your family doctor or return to ED. __ See your lem~y doctor/return to ED in , ~ays Ior wou~l check. Sea your family doclor/retum to ED for sutoreJstaple removal in days. Bums: OD not bre,lk bfistors thst may form! Tetanus given: The injecik)n site may develop stight sw~/llng, reclness, or soreuess. Return to ED for any signs of hives, dffficutiy breathing, or severe swelling or redness. HERO INJURY INSTRUCTIONS If any of lhe folk~ving occur ~ cai~ your doctor or return to the ED: A. Unusual drowsi~.ess and/or di(fisu~y in awaker~g (palient shcu~d be aw~ eve~ 2 to 3 houm during the first 24 hours after B. Repeated vorn~ng (o~ce or twice ~s normal, eRseclel/y in children) C. Conuulsions, severe headache, unequal pupils, slagge~tug, or abnormal behevior. BACK & NECK INJURY INb~I'RUCTIONS Use heat or cord on the leiored area-whichever seems to Wear soft coffar fo~ days, CoJlar may/may eot be removed No heavy lifting! No~bleg heavier than pounds. Avoid positions and movements ~nat make the para worse. Sleep on a firm mattrer~. A board betwe~m ma~ and box spdngs can be used if necaasary. Avoid riding in a car for long lng by mouth for hours. .ee~t as much as Poas~e! e o~ clear l~ by ~ su~.~, 7~p, ~erale, dai~ ~u~. & ~h~ ~ora~. ~anm to soft ble~d diet ~ to~. ~ flu~ ~ke~ Y~r ~ ~y ~ ~n~ A~ ~1 ~h~ ~rag~ while m~ m~. ~ not ~ a ~ or ~rate ~ ma~le~ ~ Pr~: EYE INJURY INSTRUCTIONS Remove eye patch ~n hours. , Fo~low-up with family doctor or eye doctor as indicated: Oo n~ ddve a car or operate machiuety with eye S~NS & FRAntiC, S~ERE BRUISES ~ at a ~me, for ~ys. Ra~ ~ le ~ or ~ c~ for ~ys, ~ ~ ~ on c~c~s w~h OTHER All xreys are re~read by a radlelngist within 24 hours. We will '~ Follow-up with: ~"~'"~'~'~'~ ~ ~ ~ '""~'~ ~)~' ~: f ~ Return demonstration Set up appoirdmefit for Ihe folloWing study/studies: [/;~ ~ ~ ~ ~ . Ace wrap Crutch walking ..... If you have not done so: notify your HMO pt~ysician of your vlett to the ED. I~EDICATIONS Nl~rse's S/gnatore IIit1111111 MISCELLANEOUS I hereby acknuwle~ge receipt and understanding of the Jnstm~ions indicated above. Date Tm~e V Patient's Signature ~~ S~Se~,M0 ~ R.m~,UO J. feflT, M~ DEPARTMENT OF EMERGENCY MEDICINE 4 North Hanover Street Carlise, Pa 17013 Dec26,2001 Re: Rose Parker v. Clarence Parker/Conciliation Dear M~ Gilroy, *I am writing you to ask you to reconsider the false and illegal Contempt order that is going to allow Gina C~xnes's eliem rights to continue the child endangerment and molestation and sexually .trans~nitted dease ring to continue*. The 15~s I have a des. note that you wilt get a copy of and from n~w on the girls will have one every time they are sick per orders of children and youth. If this fglse contempt goes thru amd her client is allowed to cominue to have known felons The girls atlotoey will be working very close with the states attorney the district attomey and possibly the It governor of this state. This false contempt is getting to be Crina's clients favorite because she cant and will never tell the truth to her lawyer about this past holiday (24'~ December ~00~) I was in contact with east pennshoro poll ,ce. "officer Mr. Nipple whom had a com.plmt · ueigh felon hy of c ,m, ly ,,4an well for beating and gte~mpted homicide on women that won't give into to his semml needs. Tl~e officer whom I contacted because of a phone call from a neighbor had told me that the officer wanted to talk to me about the girls being there with him in the house, Tl~e officer I~e~ informed me he wmtted.t~e girls removed from ~e lm~se for ~eir ow~ saf,.~y and that if Cfina's ¢liem wanted to ha~e me arrested he wasn't going to do it be~xu~ her client along with the above mentioned f~lon was in the house and is now living there along with mr. Troy grebinger full time so he will be there when the girls are there therefore the officer doean't want them there and they have had eor0~ts on the felon being there by several neighbors and has ia the past called the poffce to hav~ him removed and then she lets him back in every time. Also because of the is incident Childr~ and youth have been notified of the client's lawyer not wanting to stop the molestation 9nd el0id endangerment to continue until the j,dge is allowed to hear the children side of the story as'well as mine. Also Gina's client said because the girls are on birth control pills it is ~ for ~hem to be sexually active with thier brother and mr. Nick ctomley whom axe both adults, and t~e girls are 15 and 16.There fore a, copy of this letter will be sent to the .stat, e.s attorney,the ~.$~.. et attorney as well as the federal district attorneys office and if need be I vall have to get a ~ attorney and have the case heard the stale supreme court to over ride the order that is ~l. lo~sring child endang~inent of Crystal and Mary Parker by their mom not following l~ la~/affem request to keep troy ~ also you have signed a paer telling her to follow that v~ strictly off the property. Gina s client allowing a know women beater and attempted .m, ~.d.~r felon in the house knowing that he is bad and the police have known and that they we calleicl [jecaxtse the neighbor had called for the protection of the girls. Gina's client bas and thinks its funny that this is going on and lies to children and youth every time they go there. and there fore for the safety of the girls Gina and Tetri Henning need to be notified by you that children a~d youth are going to be doing an extensive investigation into why they are allowing this to happy. Everybody involved in the allowance of this will be getting a letter to inform them th~ the girls Ul~n children and youths request are going to have a lawyer because they are in danger every ti~ they go to the house and because G-ina and Terri have been lied to and wont listen to what the girls have to say. There is a full ~0ort of what happened at tha Haxrishurg office of c~l~-en and youth as of 12/25/01 for this on going allowance by my ex and her attorneys whom haven't been told the truth and that is clearly documented in thc report at children and yputh in Harrisburg and the CUMBERLAND county office. Also Bucks county children and youth are being notified of this last incident as well as the iceadents of the past that mr nick cro~nely has done to my youngest daughter Mary. Also I might add that from now on why they can~ftmveL And if Gina s client really cares for her kids health and well being then she should have ~e love for them and not call ~e lawyer eve~ime this happ~m and by no means h:qg she bee~ ~ With the laWys~ at anytime thru this and also the the pla doesn"t need a epe l no . 9e sola of ev. g o,/D newhou ora the government, is! going after Gina's chent for unproper uso of mail supplies registered to my posta/ meter whicl~ i thave with the the postal service and Gina's client is also going .to. have to answer to why she opehY other peoples mail boxes to see what they have. And as i stated ff Cfina's client really cared for girls she would respect their illness and follow what the doctor says. Also enclosed is ~t c6py of the doctors repo~ fi~m the hospital as requested by the Harrisburg Office of children and youth and i was told that if the lawyer doesn't care as well as the mother that things should be ch~ged so that the girls can have a good healthy life. Please pay attention to the underlined ~ on this letter. copies to the following offices and people involad. 1 states ^tto ey Cumberlan~ co~mty district attorney Bucks county qhildren and youth Bucks county district attorney Sincerely, Clat~n~.~ Parker ROSE MARIE PARKER, PLAINTIFF/PETITIONER CLARENCE RAY PARKER DEFENDANT/RESPONDENT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : CUSTODY :NO. 01-93 CIVIL TERM PETITION FOR GENERAL CONTINUANCE The Petitioner, Rose Marie Parker, by her attorneys, the Family Law Clinic, hereby petitions this Honorable Court to grant a general continuance of the hearing in this matter, currently scheduled for March 22, 2002 at 1:30 p.m. In support of her petition, Petitioner represents the following: 1. The Petitioner is Rose Made Parker (hereinafter "Mother"), who lives at 408 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Clarence Ray Parker (hereinafter "Father"), who lives at C-304 East Ridge Avenue, Sellersville, Bucks County, Pennsylvania, 18960. 3. On January 8, 2001,the Cou~t entered a Custody Order, pursuant to the parties' agreement, granting Father primary physical custody of the parties' minor children, Crystal Parker, born April 11, 1985, and Mary Parker, bom February 21, 1986, and granting the Mother periods of partial physical custody with the children. 4. Father repeatedly failed to deliver the children for their scheduled visits with Mother in violation of the Custody Agreement. 5. Mother filed for contempt on September 6, 2001, and the matter was resolved. 6. Mother again filed for contempt on November 14, 2001 after Father violated the order, and the matter was resolved in Conciliation. 7. On January 3, 2002, this Court granted a heating on Mother's Petition to hold Father in contempt, the hearing being scheduled for March 22, 2002. 8. It is the understanding of Mother's counsel that Father no longer has custody of the children, who now reside in foster care in Bucks County pursuant to a dependency proceeding in Bucks County. 9. The current Petition for Contempt resulted from Father's failure to deliver the children to Mother. 10. However, the children are now in foster care, not in the custody of Father, therefore, Father is not currently in a position to produce the children according to this Court's Order for Mother to exercise her periods of pretrial custody. 11. Therefore, this Court would not be able to order prospective relief at this time to vindicate Mother's rights. WHEREFORE, Petitioner respectfully requests that this Come grant a general continuance in this matter until such time as the children are returned to the custody of Father. Date: Respectfully submitted, Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE LUCY JOHANSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ROSE MARIE PARKER, PLAINTIFF/PETITIONER CLARENCE RAY PARKER DEFENDANT/RESPONDENT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :CUSTODY : :NO. 01-93 CIVIL TERM ORDER OF COURT AND NOW, this ,'W"day of ,2002, upon consideration of Petitioner's Petition for a General Continuance, it is ordered and directed that the hearing on this matter scheduled for March 22, 2002, at 1:30 p.m. shall be generally continued. BY THE COURT, Kevin A. Hess ROSE MARIE PARKER, PLAINTIFF/PETITIONER CLARENCE RAY PARKER DEFENDANT/RESPONDENT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : CUSTODY : :NO. 01-93 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, hereby certify that on this 13th day of March, 2002, I am serving a true and correct copy of the Petition For General Continuance on the following individual, by first class mail, postage prepaid: Mr. Clarence Ray Parker C-304 East Ridge Avenue Sellersville, PA 18960 Date Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968