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HomeMy WebLinkAbout09-8076 JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 SAMUEL C. GOLD, Plaintiff V. LISA M. GERECKE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- J / 6Z C l UI CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Samuel C. Gold, residing at 706 S. Fayette Street, Apt. 21, Alexandria, VA 22314-- 2. The Defendant is Lisa M. Gerecke, residing at 265 Wyoming Avenue, Enola, PA 17025. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Zoe M. Gold 265 Wyoming Avenue, Enola, PA 11 yo 3/5/1998 Lacey G. Gold 265 Wyoming Avenue, Enola, PA 8 yo 9/7/2001 The children were not born out of wedlock. The children are currently in the custody of Mother, who resides at 265 Wyoming Avenue, Enola, PA 17025. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE Plaintiff and Defendant 314 Chieftan Lane Boonsboro, MD Plaintiff 1465 Blue Water Drive Florence Begando (maternal grandmother) Punta Gorda, FL Richard Begando (maternal grandfather) Plaintiff Glen Gerecke (Mother's boyfriend) married 09/07 Plaintiff Glen Gerecke Erin Gerecke (sister of Glen) Plaintiff Glen Gerecke Birtchville, MI 20 W. Pine Street Enola, PA 265 Wyoming Street Enola, PA DATE 11/04- 01/06 01/06- 02/07 02/07- 10/08 10/08- 02/09 02/09- Present The mother of the children is Lisa M. Gerecke, currently residing at 265 Wyoming Street, Enola, PA. She is married. The father of the children is Samuel C. Gold, currently residing at 706 S. Fayette Street, Apt. 21, Alexandria, VA 22314. He is single. 4. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP The Subject Children Daughters Glen Gerecke Husband 5. The relationship of the Defendant to the children is that of Father. The Defendant currently resides alone. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The Court term and number and relationship to this action is: The Circuit Court for Washington County, Maryland, case number 21-C-06-024131, Custody Order (Consent) filed June 24, 2008.. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Since Mother's departure from the marital residence in Boonesboro, Maryland, in January 2006, Mother has caused the children to reside in Florida, Michigan and two different addresses in Pennsylvania. B. Since Mother's departure from the marital residence with the children, the children have been unable to complete an entire school year in the same school district.. C. Mother now has informed Father that she once again intends to uproot the children in the middle of a school year, to relocate them from Enola, Pennsylvania to the State of South Carolina. D. The numerous address changes caused by Mother, and the interruption of the children's schooling and extracurricular interests due to those numerous relocations, are detrimental to the children's best interests and well-being. E. After Mother's relocation with the children to Enola, Pennsylvania, Father relocated and has maintained his residence in the Washington, DC area, (the closest location of employment available in his field with the Department of Defense), so as to be able to exercise his court-ordered regular visitation with the children. F. Father is a gainfully employed civilian employee of the Department of Defense, and is able to provide a stable, loving home environment for the children. G. Mother has interfered with Father's relationship with the children, and has attempted to cause damage to the Father/daughter relationships on numerous occasions, much to the children's harm and detriment. 8. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to him. Dated: November 20, 2009 Respectfully submitted, F. Kin Esquire 1 S. Hanover eet uite 103 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's Petition for Custody and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiff is temporarily out of this court's jurisdiction and unable to verify, but has read the contents herein via internet and his verification will be filed upon receipt. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I t -?- /69 FILED-OFFICE OF THE PROTHGNOTMY 2009 NOY 20 PM 1: J. CLW,&f i, 'D ub ';,,, E N? 3" Wn ,' ?a,? $165-50 Can . `?- !? f Reo ?. 3gq JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 Attorney for Plaintiff SAMUEL C. GOLD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. LISA M. GERECKE, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION PLAINTIFF/FATHER'S EMERGENCY PETITION FOR SPECIAL RELIEF SEEKING WRIT OFNE EXEAT AND NOW COMES the Plaintiff/Father, Samuel C. Gold, by and through his counsel, John F. King Law, P.C., who hereby files the instant Emergency Petition for Special Relief Seeking a Writ of Ne Exeat, and in support thereof avers as follows: 1. Petitioner is Samuel C. Gold, (hereinafter referred to as "Father"), Plaintiff in the above-captioned custody action, who resides at 706 S. Fayette Street, Apt. 21, Alexandria, VA 22314 (telephone: 301-693-0382). 2. Respondent is Lisa M. Gerecke, (hereinafter referred to as "Mother"), Defendant in the above-captioned custody action, who resides at 265 Wyoming Avenue, Enola, Cumberland County, PA, 17025, since approximately February 2009 (telephone: 717-525-8190). 3. Mother and Father were married on February 8, 1997, and are the biological parents of Zoe M. Gold, age 11 (DOB: 3/5/1998) and Lacey G. Gold, age 8 (DOB: 9/7/2001). 4. In January, 2006, Mother deserted the then marital residence in Boonsboro, Maryland, and took the children to Punta Gorda, Florida. 5. The Mother and Father were divorced from the bonds of matrimony on August 1, 2007. 6. The current Custody Order was issued by the Circuit Court for Washington County, Maryland, on June 24, 2008. A true and correct copy of which is attached hereto and marked as Exhibit "A". 7. The children have been in the primary physical custody of Mother since the separation of the parties. 8. Since the separation of the parties in 2006, Mother has caused the children to reside in four different addresses, located in three different states. 9. After Mother relocated to the Commonwealth of Pennsylvania in October 2008, Father relocated and maintained his residence in Alexandria, Virginia, (the closest location available for Father's work with the United States Department of Defense), so as to be able to regularly exercise his custodial rights as granted by the current Custody Order. 10. Mother informed Father by way of e-mail on November 17, 2009, that it is her intention to once again relocate the children, the destination now reported to be the State of South Carolina. 11. Mother's surprise relocation of the children to the State of South Carolina, which she has scheduled for Monday, November 23, 2009, shall cause the children's school year to once again be interrupted, as it has been every year since 2006. 12. Concurrent with the filing of the Emergency Petition for Special Relief, Father has filed a Petition for Modification of the current Custody Order, a true and correct copy of which is attached hereto and marked as Exhibit "B". 13. If Mother relocates the children to the State of South Carolina, Father will be unable to exercise his regular and ongoing visitation with the children, much to the children's detriment and harm. 14. Pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, at any time after the commencement of a custody action, the Court has the authority to grant any and all interim or special relief, including, but not limited to, an Order for a Writ off e Exeat to be issued to prevent the children from being removed from the jurisdiction pending a hearing on the underlying custody pleading. 15. This Honorable Court has jurisdiction to grant appropriate special relief in this matter under the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. sections 5421 and 5423, and pursuant to Pa.R.C.P. 1915.13. 16. Mother's abrupt decision to once again uproot and relocate the children was made without consultation with Father, and is contrary to his wishes, and is also contrary to the terms of the current Court Order (see Exhibit "A"). 17. Mother's threatened action to relocate the children to an unknown address in the State of South Carolina on Monday, November 23, 2009, creates a true emergency that requires immediate action by the Court of Common Pleas of Cumberland County. WHEREFORE, Plaintiff/Father respectfully requests this Honorable Court to grant the Emergency Petition for Special Relief and enter an Order for a Writ of Ne Exeat, compelling Defendant Mother to not remove the children from the jurisdiction of this Court, pending a full evidentiary hearing on the Petition for Modification of the existing Custody Order filed concurrent with this instant Emergency Petition. Dated: November oZ O , 2009 Respectfully submitted, JOHN F. KING LAW, P,,C. ? F. King, Esquire 61919 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's Emergency Petition for Special Relief and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiff is temporarily out of this court's jurisdiction and unable to verify, but has read the contents herein via internet and his verification will be filed upon receipt. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to Dated: La- C) / e) I EXHIBIT A IN THE CIRCUIT COURT FOR WASHINGTO14 COUNTY, MARYLAND SAMUEL CORNELIUS GOLD Plaintiff VS. Case No.: 21-C-06-024131 LISA MARIE COLD CONSENT CUSTODY ORDER UPON CONSIDERATION of the pleadings filed herein and the agreement of Plaintiff, Me C? PO Samuel Cornelius Gold (hereinafter "Plaintifr), by and through counsel, Bryan Renehan, Esquire and Anne E. Grover, Attorney at Law, and the firm of Brodsky, Greenblatt, Renehan & Pearlstein, Chartered, and Defendant, Lisa Marie Oold (hereinafter "Defendant"), by and through counsel B. Andrew Bright, Esquire, Law Offices of B. Andrew Bright, Chartered (hereinafter collectively, the "Parties"), as evidenced by the signatures of their respective counsel below, it is this ,'day of J ?- 2008, by the Circuit Court for Washington County, Maryland, hereby, ORDERED, that Defendant shall retain legal and physical custody of the parties' minor children, namely, Zoe Marie Gold, born March 5, 1998, and Lacey Grace Cold, born September 7, 2001 (hereinafter, collectively the "Minor Children") and Plaintiff shall have visitation as follows: 1. Beginning June 13, 2008, Plaintiff shall have alternate weekend visitation from Friday after school or at 6:00 p.m. until Sunday evening at 7.30 p.m.; provided, however, that Plaintiff give Defendant 21 days' prior notice if he intends to exercise such visitation. CLIENT COPY RECOVED JUN 2 4 2W In/bn 'A An m.nfnll 'nN Yuq Rnat;lnwn uA t7.m nw. Rnn7-RI -MN ORDERED, that Plaintiff shall have four (4) days of set telephone access to the girls, U .9 A C? Fo l nlnn 'A including each Wednesday, Friday and Sunday with another day to be designated by Defendant. Such telephone access shall occur between 3:30 and 5:00 p.m. Central Time, or other mutually agreeable time, and such telephone calls shall be initiated by Defendant to accommodate the Minor Children's schedules. Defendant shall purchase a webcam and set up a Skype account for such calls an or before June 30, 2008.. Plaintiff acknowledges that the family computer is set up in Defendant's living room and that any calls initiated using the webcam and Skype account may occur in the living room; and it is further, ORDERED, that the parties shall have the following vacationtholiday access: Summer For the summer of 2008, Plaintiff shall have two (2) consecutive weeks of summer vacation with the Minor Children, and he has given Defendant notice of his elected dates, itinerary and contact information for such visitation on or before June 15, 2008. For each summer subsequent to 2008, Plaintiff shall have summer vacation visitation with the girls for no less than two (2) and no more than three (3) consecutive weeks, provided he gives Defendant notice of his election of dates, itinerary and contact information on or before May 1, 2009, and each subsequent May V. 2. 1 hanl &-ina: Defendant shall the Minor Children on Thanksgiving for even years, and Plaintiff shall have visitation with the Minor Children on Thanksgiving for odd years; provided, however, that such visitation shall occur in Michigan. This visitation shall occur from Wednesday after school until Sunday evening.. 3. Christmas: Plaintiff shall have visitation with the Minor Children from after school on their last day of school prior to Christmas until December 27, 2008 at 2:00 p.m. Defendant shall have the girls from 2:00 p.m, on December 27, 2008 until the Minor Children return to school. These vacations shall be alternated in subsequent years with transfers occurring at 2:00 p.m. on December 27*. 4. SgdggBmak: Plaintiff shall have the Minor Children for Spring Break in 2009, and the parties shall alternate each Spring Break thereafter. 5. Mother's Day: Defendant shall have the Minor Children from 10:00 am. until . 8,00 p.m. each Mother's Day, 2 A4149IgPn/ t 'nN NA Rnainnun QA 17..fin nH.i. Fnn7,-RI-nnN 6. Father's Da : Plaintiff shall have visitation with the girls each Father's day weekend from Friday at 3:00 p.m, until 8:00 p.m. on Father's Day; provided, however, that he give Defendant 21 days' prior notice that he intends to exercise said visitation. 7. eral Holidays: The parent who has physical custody for the weekend preceding a federal Monday holiday shall maintain custody of the Minor Children through the weekend and until 7:30 p.m. on the day of the applicable Federal Holiday. 8. 'ldren' dw: Plaintiff may elect visitation on the weekend prior to or the weekend following each of the Minor Children's birthdays for a three-day weekend from Thursday after school until the following Sunday evening at 7:30 p.m., provided, however, that he give Defendant 21 days' notice of such election. For any such three-day weekend, Plaintiff shall be responsible for pickling the Minor Children up from school on Thursday, getting the Minor Children to school on Friday and picking them up from school on Friday. ORDERED, that visitation would be permitted outside of the Minor Children's home I U m Lr w state, provided, however, that Plaintiff shall accompany the Minor Children on any flight to and from the Michigan until Lacey is twelve (12) years of age. Upon Lacey turning 12 years of age, the Minor Children shall be permitted to fly unaccompanied by Plaintiff or other adult, provided, however that they shall fly by direct flight if they are minors and flying unaccompanied; and it is further, ORDERED, that neither parent shall sleep in the same bed with the Minor Children, nor allow any other adult to do so; and it is flmher, ORDERED, that neither parent shall leave the Minor Children unattended in his or her respective residence while the Minor Children are in his or her care. "Unattended" shall be defined as leaving the Minor Children by themselves for longer than 15 minutes, and specifically does not include any time when the parent is elsewhere on the same property, i.e. bringing luggage into the house, etc; and it is further, L0190 'd 99199L5£OLi 'ON XVA SG3*000 Wd E:VO AH1 6002-61-AON ORDERED, that the Minor Children shell be encouraged not to address Defendant's boyfriend as "Dad," and shall be encouraged by both parents to call Plaintiff "Dad." Judge Lon j, Circuit Co r Washington County, Maww APPROVED AS TO FORM AND CONTENT: BRODSKY, GREENBLATT, RENEHAN & PEARLSTEIN, Chartered LAW OFFICES OF B. ANDREW BRIGHT, Chartered Z], Bryan Reuehan, #1407 Anne E. Grover, #26545 Attorneys for Plaintiff 16061 Comprint Circle Gaithcraburg, Maryland 20877-1321 301-969-1700 CAWW EG 0616/0617 0r&^C&Ud#1 t2-xW17 ,y 4 LO/LO 'd 9919OLSEOL1 'ON XUA -. ?: ?, &,- ?-::: r? I I e ??- 13. Andrew Bright / Attorney for Defers t 223 North Prospect Street, Suite 300 Hagerstown, Maryland 21740 301-745-9838 MUM Wd 2E: V0 nH1 6002-61-AON EXHIBIT B SAMUEL C. GOLD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. LISA M. GERECKE, : CIVIL ACTION - LAW Defendant : CUSTODYNISITATION ORDER OF COURT AND NOW, , upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on at _.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. 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: Custody Conciliator 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 hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 Attorney for Plaintiff SAMUEL C. GOLD, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. LISA M. GERECKE, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW COMES the Plaintiff/Father, Samuel C. Gold, pursuant to 23 Pa.C.S.A. 5421 and 5423, and pursuant to the Pennsylvania Rules of Civil Procedure, and avers as follows: 1. The Petitioner is Samuel C. Gold, Plaintiff in the above-captioned action, with a current address of 706 S. Fayette Street, Apt. 21, Alexandria, VA 22314. 2. The Respondent is Lisa M. Gerecke, Defendant in the above-captioned action, and natural Mother of the minor children, with a current address of 265 Wyoming Avenue, Enola, Cumberland County PA 17025. 3. Petitioner and Respondent are the natural parents of the minor children, Zoe M. Gold (dob 3/5/1998) and Lacey G. Gold (dob 9/7/2001), 4 Father respectfully represents that on the 19th day of June, 2008, an Order of Court was entered in the State of Maryland for the custody and visitation of the subject minor children, Zoe M. Gold (dob 3/5/1998) and Lacey G. Gold (dob 9/7/2001), a true and correct copy of which is attached hereto and marked as Exhibit "A". It is believed, and therefore averred, that Mother is unrepresented by legal counsel. 6. This Honorable Court, pursuant to 23 Pa.C.S.A. 5423, may modify the custody determination made by the Maryland Court because, as required by that statute: A. This Honorable Court has jurisdiction to make an initial determination under 23 Pa.C.S.A. section 5421(a)(2), in that: i. A Court of the other state does not have jurisdiction by way of being the children's home state on the date of the commencement of this instant proceeding or within the six months before the commencement of this instant proceeding. ii. The children and the children's mother have significant connections with this Commonwealth, having resided here for the past 13 months and having relatives within the Commonwealth. iii. Substantial evidence is available in this Commonwealth concerning the children's care, protection, training and personal relationships. iv. No Court of any other state would have jurisdiction under the criteria specified in 23 Pa.C.S.A. 5421(1), (2) or (3). B. Neither the children nor the children's parents, nor any person acting as a parent, presently reside in the State of Maryland. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Since Mother's departure from the marital residence in Boonesboro, Maryland, in January 2006, Mother has caused the children to reside in Florida, Michigan and two different addresses in Pennsylvania. B. Since Mother's departure from the marital residence with the children, the children have been unable to complete an entire school year in the same school district.. C. Mother now has informed Father that she once again intends to uproot the children in the middle of a school year, to relocate them from Enola, Pennsylvania to the State of South Carolina. D. The numerous address changes caused by Mother, and the interruption of the children's schooling and extracurricular interests due to those numerous relocations, are detrimental to the children's best interests and well-being. E. After Mother's relocation with the children to Enola, Pennsylvania, Father relocated and has maintained his residence in the Washington, DC area, (the closest location of employment available in his field with the Department of Defense), so as to be able to exercise his court-ordered regular visitation with the children. F. Father is a gainfully employed civilian employee of the Department of Defense, and is able to provide a stable, loving home environment for the children. G. Mother has interfered with Father's relationship with the children, and has attempted to cause damage to the Father/daughter relationships on numerous occasions, much to the children's harm and detriment. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation by granting Petitioner and Respondent shared legal custody, and further granting Petitioner/Father primary physical custody of the child, with partial custody for the purpose of visitation granted to Mother. Respectfully submitted, JOHN F. KRqCj LAW, P.C. Date: < < /,o 1 ohf F. King, Esquire 9 B. Hanover Street Mite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's Petition to Modify Custody and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiff is temporarily out of this court's jurisdiction and unable to verify, but has read the contents herein via internet and his verification will be filed upon receipt. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to Dated: ,n 1 f LED-CI 'C i'vE OF THE PROTH NOT}RY 2069 NN 20 Phi f : 13' CUB' , .. a ?-+?t,; JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 Attorney for Plaintiff SAMUEL C. GOLD, Plaintiff V. LISA M. GERECKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. CIVIL ACTION - LAW CUSTODY/VISITATION PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW COMES the Plaintiff/Father, Samuel C. Gold, pursuant to 23 Pa.C.S.A. 5421 and 5423, and pursuant to the Pennsylvania Rules of Civil Procedure, and avers as follows: 1. The Petitioner is Samuel C. Gold, Plaintiff in the above-captioned action, with a current address of 706 S. Fayette Street, Apt. 21, Alexandria, VA 22314. 2. The Respondent is Lisa M. Gerecke, Defendant in the above-captioned action, and natural Mother of the minor children, with a current address of 265 Wyoming Avenue, Enola, Cumberland County PA 17025. 3. Petitioner and Respondent are the natural parents of the minor children, Zoe M. Gold (dob 3/5/1998) and Lacey G. Gold (dob 9/7/2001), 4 Father respectfully represents that on the 19th day of June, 2008, an Order of Court was entered in the State of Maryland for the custody and visitation of the subject minor children, Zoe M. Gold (dob 3/5/1998) and Lacey G. Gold (dob 9/7/2001), a true and correct copy of which is attached hereto and marked as Exhibit "A". It is believed, and therefore averred, that Mother is unrepresented by legal counsel. 6. This Honorable Court, pursuant to 23 Pa.C.S.A. 5423, may modify the custody determination made by the Maryland Court because, as required by that statute: A. This Honorable Court has jurisdiction to make an initial determination under 23 Pa.C.S.A. section 5421(a)(2), in that: A Court of the other state does not have jurisdiction by way of being the children's home state on the date of the commencement of this instant proceeding or within the six months before the commencement of this instant proceeding. ii. The children and the children's mother have significant connections with this Commonwealth, having resided here for the past 13 months and having relatives within the Commonwealth. iii. Substantial evidence is available in this Commonwealth concerning the children's care, protection, training and personal relationships. iv. No Court of any other state would have jurisdiction under the criteria specified in 23 Pa.C.S.A. 5421(1), (2) or (3). B. Neither the children nor the children's parents, nor any person acting as a parent, presently reside in the State of Maryland. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Since Mother's departure from the marital residence in Boonesboro, Maryland, in January 2006, Mother has caused the children to reside in Florida, Michigan and two different addresses in Pennsylvania. B. Since Mother's departure from the marital residence with the children, the children have been unable to complete an entire school year in the same school district.. C. Mother now has informed Father that she once again intends to uproot the children in the middle of a school year, to relocate them from Enola, Pennsylvania to the State of South Carolina. D. The numerous address changes caused by Mother, and the interruption of the children's schooling and extracurricular interests due to those numerous relocations, are detrimental to the children's best interests and well-being. E. After Mother's relocation with the children to Enola, Pennsylvania, Father relocated and has maintained his residence in the Washington, DC area, (the closest location of employment available in his field with the Department of Defense), so as to be able to exercise his court-ordered regular visitation with the children. F. Father is a gainfully employed civilian employee of the Department of Defense, and is able to provide a stable, loving home environment for the children. G. Mother has interfered with Father's relationship with the children, and has attempted to cause damage to the Father/daughter relationships on numerous occasions, much to the children's harm and detriment. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation by granting Petitioner and Respondent shared legal custody, and further granting Petitioner/Father primary physical custody of the child, with partial custody for the purpose of visitation granted to Mother. Respectfully submitted, JOHN F. I RqC LAW, P.C. Date: I ? /,-?,D 0 1 ohf F. King, Esquire 9.8. Hanover Street Mite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's Petition to Modify Custody and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiff is temporarily out of this court's jurisdiction and unable to verify, but has read the contents herein via internet and his verification will be filed upon receipt. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to Dated: lao Lo _l EXHIBIT A IN THE CIRCUIT COURT FOR'WASHINGTO14 COUNTY, MARYLAND SAMUEL CORNELIUS GOLD Plaintiff VS. Case No., 21-C-06-024131 LISA MARIE BOLD CONSENT CUSTODY ORDER UPON CONSIDERATION of the pleadings filed herein and the agreement of Plaintiff, me C? Samuel Cornelius Gold (hereinafter "Plaintiff'), by and through counsel, Bryan Renehan, Esquire and Anne E. Grover, Attorney at Law, and the firm of Brodsky, Greenblatt, Renehan & Pearlstein, Chartered, and Defendant, Lisa Marie Gold (hereinafter "Defendant"), by and through counsel B. Andrew Bright, Esquire, Law Offices of B. Andrew Bright, Chartered (hereinafter collectively, the "Parties"), as evidenced by the signatures of their respective counsel below, it is this ,L?day of J 2008, by the Circuit Court for Wasltington County, Maryland, hereby, ORDERED, that Defendant shall retain legal and physical custody of the parties' minor children, namely, Zoe Marie Gold, born March S, 1998, and Lacey Grace Cold, born September 7, 2001 (hereinafter, collectively the "Minor Children") and Plaintiff shall have visitation as follows: 1. Beginning June 13, 2008, Plaintiff shall have alternate weekend visitation from Friday after school or at 6:00 p.m. until Sunday evening at 7:30 p.m,; provided, however, that Plaintiff give Defendant 21 days' prior notice if he intends to exercise such visitation. CLIENT COPY REC51VED JUN 2 4 2048 ln/n 'A anigAlgfnn 'nN Yu4 R(Iat; oue uA I7:vn nw. Rnn7,-RI-AnN ORDERED, that Plaintiff shall have four (4) days of set telephone access to the girls, including each Wednesday, Friday and Sunday with another day to be designated by Defendant. Such telephone access shall occur between 3:30 and 5:00 p.m. Central Time, or other mutually agreeable time, and such telephone calls shall be initiated by Defendant to accommodate the Minor Child='s schedules. Defendant shall purchase a webeam and set up a Skype account for such calls on or before June 30, 2008.. Plaintiff acknowledges that the family computer is set up in Defendant's living room and that any calls initiated using the webcam and Skype account may occur in the living room; and it is further, ORDERED, that the parties shall have the following vacation/holiday access: U .9 jig Q C? ) n/qn 'A Summer: For the summer of 2008, Plaintiff shall have two (2) consecutive weeks of summer vacation with the Minor Children, and he has given Defendant notice of his elected dates, itinerary and contact information for such visitation on or before June 15, 2008. For each suuuner subsequent to 2008, Plaintiff shall have summer vacation visitation with the girls for no less than two (2) and no more than three (3) consecutive weeks, provided he gives Defendant notice of his election of dates, itinerary and contact information on or before May 1, 2009, and each subsequent May l". 2. Thanksgivim: Defendant shall the Minor Children on Thanksgiving for even years, and Plaintiff shall have visitation with the Minor Children on Thanksgiving for odd years; provided, however, that such visitation shall occur in Michigan. This visitation shall occur from Wednesday after school until Sunday evening.. 3. Christmas: Plaintiff shall have visitation with the Minor Children $om after school on their last day of school prior to Christmas until December 27, 2008 at 2:00 p.m. Defendant shall have the girls from 2:00 p.m. on December 27, 2008 until the Minor Children return to school. These vacations shall be alternated in subsequent years with transfers occurring at 2:00 p.m. on December 27'h. 4. SgdU Break: Plaintiff shall have the Minor Children for Spring Break in 2009, and the parties shall alternate each Spring Break thereafter. 5. Mother's Dgy: Defendant shall have the Minor Children from 10:00 a.m. until 8:00 p.m. each Mother's Day. 2 A4l4AJ qp.n) l 'nN Yuq Rawaun uA 17.: fill nw. Rnn?-R 1-AnN 6. FAer's Day: Plaintiff shell have visitation with the girls each Father's day weekend from Friday at 3:00 p.m. until 5:00 p.m. on Father's Day; provided, however, that he give Defendant 21 days' prior notice that he intends to exercise said visitation. 7. edral Holidays: The parent who has physical custody for the weekend preceding a federal Monday holiday shall maintain custody of the Minor Children through the weekend and until 7:30 p.m. on the day of the applicable Federal Holiday. 8. Children's bi days: Plaintiff may elect visitation on the weekend prior to or the weekend following each of the Minor Children's birthdays for a three-day weekend from Thursday after school until the following Sunday evening at 7:30 p.m., provided, however, that he give Defendant 21 days' notice of such election. For any such three-day weekend, plaintiff shall be responsible for picking the Minor Children up froth school on Thursday, getting the Minor Children to school on Friday and picking them up from school on Friday. ORDERED, that visitation would be permitted outside of the Minor Children's home U N Ow tr .n ? FG state, provided, however, that Plaintiff shall accompany the Minor Children on any flight to and from the Michigan until Lacey is twelve (12) years of age. Upon Lacey turning 12 years of age, the Minor Children shall be permitted to fly unaccompanied by Plaintiff or other adult, provided, however that they shall fly by direct flight if they are minors and flying unaccompanied; and it is y 1 i ther, . ORDERED, that neither parent shall sleep in the same bed with the Minor Children, nor allow any other adult to do so; and it is ft-then, ORDERED, that neither parent shall leave the Minor Children unattended in his or her respective residence while the Minor Children are in his or her care. "Unattended" shall be defined as leaving the Minor Children by themselves for longer than 15 minutes, and specifically does not include any time when the parent is elsewhere on the seine property, i.e. bringing luggage into the house, etc; and it is further, LO/90 'd 99199LSEOLI 'ON Xdd Sa3nawa Wd ZZ:bO nu 6002-6I-AON ORDERED, that the Minor Children shall be encouraged not to address Defendant's boyfriend as "Dad," and shall be encouraged by both parents to call Plaintiff "Dad." Judge Lon j, Circuit Co r Washington County, iZi? s U APPROVED AS TO FORM AND CONTENT: BRODSKY, GREENBLATT, RENEHAN & PEARL.STEIN, Chattered LAW OFFICES OF B. ANDREW BRIGHT, Chartered e Bryan Renehan, #E1407 Anne E. Grover, #26545 Attorneys for Plaintiff 16061 Comprint Circle Gaithersburg, Maryland 20877-1321 301-869-1700 CAdl4EG 4616/0617 Ovd'enCaaaemi.og2.OMMI7 4 LO/LO 'd 9919OLSEOL1 'ON XdA B. Andrew Bright Attorney for Defer t 223 Notch Prospect Street, Suite 300 Hagerstown, Maryland 21740 301-745-8838 S03*000 Wd 22:60 nu 6002-61-AON Of THE PRKOTH"' NOTARY 2009 NOY 20 PM 1: 12 CLI ;. (;0UNTY SYS XNA SAMUEL GOLD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. GERECKE, DEFENDANT NO. 09-8076 IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 20th day of November, 2009, upon consideration of the Plaintiff's Emergency Petition for Relief, IT IS HEREBY ORDERED AND DIRECTED that pending further Order of Court, neither party shall remove the minor children, Zoe M. Gold, age 11, (dob: 3/5/98) and Lacey G. Gold, age 8, (dob: 9/07/01) from the jurisdiction of this Court; IT IS FURTHER ORDERED AND DIRECTED that an emergency hearing on this matter shall be held at 8:30 a.m. on Tuesday, November 24, 2009. This hearing shall be limited to 1 hour with each party's presentation limited to 30 minutes each. The Court notes that this matter has been set for conciliation hearing on December 8, 2009, at 10:30 a.m. before Dawn Sunday, Esquire, Custody Conciliator. By the Court, **,?l ?A M. L. Ebert, Jr., J. isa M. Gerecke, Defendant 265 Wyoming Avenue Enola, PA 17025 hn F. King, Esquire Attorney for Plaintiff 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 Court Administrator bas I1 1 OF THE PPOTHONOTAR? t 2009 NOV 20 FM 2: 18 i-r. ; 44 >> U? CUf PE \i '?YLVAIN A SAMUEL C. GOLD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8076 CIVIL ACTION LAW LISA M. GERECKE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 08, 2009 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED-0i-FIl'F OF THE PR;')TI-' NIOTARY 2009 NOV ZO PH 3: 4 4 CUME,:;- UNTY PEINN Y"Y'61I IA ?' '?` -moo ole- SAMUEL C. GOLD, Plaintiff V LISA M. GERECKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-8076 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 24th day of November, 2009, after hearing on the Plaintiff's Petition for Emergency Relief, IT IS HEREBY ORDERED AND DIRECTED that plaintiff father shall have custody of the children beginning this evening, November 24, 2009, at 7:00 p.m. The children shall be returned to the mother's custody on Monday, November 30, 2009, by 7:00 p.m. Pending further Order of Court, custody of the children will then remain with the mother and the children will be allowed to reside with the stepfather. They will remain in Enola, Pennsylvania, and shall attend East Pennsboro School District at least until the end of the current academic semester. By the Court, John F. Kin Es uire g~ q F'or the Plaintiff Margaret M. Simok, Esquire For the Defendant :mtf ~ai Fs rn~..i, 1 /mil ~ 1 dI ~~~ ~, M. L. Ebert, Jr., ~~Jn Qtr - ! ~:-1(~~ [.~ v ~~ .. !;= SAMUEL C. GOLD, Plaintiff V. LISA M. GERECKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8076 CIVIL ACTION - LAW CUSTODYNISITATION PRAECIPE TO WITHDRAW APPEARANCE TO: Prothonotary Kindly withdraw my appearance as counsel for the Plaintiff, Samuel C. Gold, in the above matter, and so mark the docket. Date: hn F. King, Esquire ID# 61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 te co S IF r - xC °?n