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HomeMy WebLinkAbout10-2880fLEr. STACY B. WOLF, ESQUIRE 1010 APR 29 NN 2: 25 ATTORNEY ID NO. 88732 10 WEST HIGH STREET Clir CARLISLE PA 17013 r ", y Y (717) 241-4436 ATTORNEY FOR DEFENDANT GLENN E. CAREY, III JANET CAREY, Plaintiff V. ERICA MARIE DICK, Defendant V. GLENN E. CAREY, III Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 2010- 28.0 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Glenn E. Carey, III, by his attorney, Stacy B. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff/respondent is Janet Carey, an adult individual who resides at 223 Peach Glen Road, Gardners, PA 17324. 2. The defendant/respondent is Erica Marie Dick, an adult individual who resides at an unknown address believed to be on Peach Glen Road, Gardners, PA 17324. 3. The defendant/petitioner is Glenn E. Carey, III, an adult individual who resides at 137 Andrew Court, Carlisle, PA 17015. 4. The defendants are the natural parents of one minor child, namely: Name Present Residence -Age Glenn E. Carey, IV 223 Peach Glen Road 9 years Gardners, PA 17324 D.O.B. 6/9/2000 5. The child is presently the subject of an Order for Custody issued February 7, 2008 and prior Orders issued October 22, 2003 and December 30, 2004, by the Honorable Robert G. Bigham in the 01. ley ?6 y GUJh( Court of Common Pleas of Adams County, Pennsylvania providing for shared legal custody, primary physical custody of the child with Mother, and partial physical custody with Father. A true and correct copy of the orders of which modification are sought are attached hereto as Exhibit "A." 6. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody orders. 7. Although the current Custody Orders provide that Mother has primary physical custody of the child, the child is actually residing at Plaintiff's, the child's great-grandmother's, residence. 8. The child has been having discipline problems and has had recent suspensions from school for assaulting another student and his school bus for damaging property. 9. Father was taking the child to counseling when the child was in his custody from approximately July 9, 2009 until August 17, 2009. Mother refused to take the child to counseling from August 17, 2009 until approximately the week of November 16, 2009. The child is in need of continued counseling sessions and in following through with any treatment or medication recommendations until his counselor finds that counseling is no longer necessary. 10. The Orders sought to be modified were entered by the Court of Common Pleas of Adams County, Pennsylvania. Father filed a Petition for Modification of Custody in Adams County on or about December 1, 2009. By Order dated January 21, 2010, this case was transferred to Cumberland County. A true and correct copy of the January 21, 2010 Order is attached hereto as Exhibit "B." 11. The best interest and permanent welfare of the child will be served by granting the relief requested because Father will be able to provide for the child's medical, educational, emotional and physical needs in a stable, safe, and nurturing environment. 12. The best interests and permanent welfare of the child would be served by this Court issuing an Order granting primary physical custody of the child to Father. WHEREFORE, Petitioner, Glenn E. Carey, III, prays this Honorable Court enter an Order granting primary physical custody of the child to Petitioner/Father, granting periods of visitation to Respondent/Mother and Respondent/Great-Grandmother, and granting shared legal custody of the child to Father and Mother and any additional relief as the Court deems appropriate. Respectfully submitted, Dated: April, 2010 Stacy B. V j Esquire ; Ii 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant Glenn E. Carey, III 1 2 3 4 5 6 7 8 S 1C 1 1 1 1 1 1 L L L IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA Civil Janet Carey, C 0 Q Plaintiff vs 03-S-926 Erica Marie Dick, Defendant ?I 0 7 8 9 0 1 '2 '.3 ?4 25 vs - Glenn E. Carey, III, Additional Defendant ORDER OF COURT AND NOW, this 7th day of February, 2008, IT IS ORDERED that the prior Orders of this Court dated October 22, 2003 and December 30, 2004 regarding Glenn E. Carey, IV, date of birth June 9, 2000, where applicable, shall remain in full force and effect, except as hereinafter modified: 1. Father will have a ten-day period of custody of the child during the summer 2008 for the purpose of taking the child to Disney World and Father will advise Mother and grandmother of the dates no later than April 1, 2008. 2. For the summers, commencing 2009, Father will have custody for two nonconsecutive weeks, no tacking, and Father will advise Mother and grandmother of the dates no later than April 1 of each year. 3. Father will have the opportunity to expand his weekend from a Saturday/Sunday to a Friday/Sunday once a 1 2 3 4 5 6 7 8 9 10 month provided he advises grandmother of his selection by no later than the Wednesday prior to the weekend in question. When Father does expand his weekend, Mother will relinquish the Friday of her weekend to grandmother. 4. A holiday schedule will be based upon the mutual agreement of all of the parties. 5. Transportation will be provided by agreement as 11 lc l? 14 15 16 17 1 2 2 2 2 2 2 has been done in the past. 6. None of the parties, nor any members of their respective households, will impose corporal punishment on the child. Sheryl Jackson, Esq. John A. Wolfe, Esq. Mark Bayley, Esq., 17 West South Street, Carlisle, PA 17013 D clo 1 2 ?--- 20.-L- This being a true and attested ccV, taken from and 3 compared with the original 4 Attest: & 7 5 beputy- Pro By the Court, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OR OF ADAMS COUNTY, PENNSYLVANI {? IGINAL JANET CAREY, CIVIL ACTION - LAW Plaintiff, o VS. NO. 03-S-926 ) w ERICA MARIE DICK, Defendant. CUSTODY --- ORDER OF COURT AND NOW, this 22nd day of October 2003, b2? agreement of the parties and in lieu of a hearing, IT IS ORDERED that: 1. Mother and Father will have shared legal custody of the child, Glenn E. Carey, IV, date of birth 6/9/00. 2. Mother will have primary physical custody of the child. 3. Father will have partial physical custody of the child on-alternating weekends from Saturday at 9 a.m. until Sunday at .5 p.m. 4. Paternal Great-grandmother Janet Carey will have partial physical custody of the child as follows: A: Every weekday from 1:30 p.m. until 5:30 p.m. B. On the Friday preceding Father's alternating weekend from 1:30 p.m. until Saturday at 9 a. m. 0KIf//3IT 'Al , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 5. Transportation for weekday exchanges will involve Paternal Great-grandmother meeting the child at Mother's home when delivered by the Headstart bus and Mother picking the child up at the home of the Paternal Great-grandmother. On Sundays of Father's alternating weekend, Mother will pick the child up at the home of the Paternal Great-grandmother. 6. Mother and Paternal Great-grandmother will each be entitled to one week of vacation time with the child with prior, reasonable notice to be given to the other party. 7. Mother and Father will share or alternate a holiday schedule by mutual agreement. Paternal Great-grandmother's partial physical custody notwithstanding, Mother will have custody, as between Mother and Paternal Great-grandmother, every Christmas Day, Easter, Thanksgiving and October 22 (child's birthday.) 8. Paternal Great-grandmother is authorized to deal appropriately with any emergencies that may arise regarding; the child during her exercise of partial physical custody and may include taking the child to doctor's appointments for perceived illnesses, regardless of whether there appears to be an emergency. In any event, Paternal Great-grandmother must notify 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mother as soon. as possible of any such emergency or doctor appointment-type activity. 9. Mother and Paternal Great-grandmother will advise one another on a regular basis of the child's activities and school events including, but not limited to, any such activities or events which would normally include parental involvement. BY THE COURT: ROBERT G. BIG Judge Sheryl L. Jackson., Esquire Michael Whare, Esquire rt 0 1,23 0 -1-6 l? 3 I -- tZ. !_ P.?. 3 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA Civil Janet Carey, Plaintiff 03-S-926 VS. Erica Marie Dick, Defendant VS. Glenn E. Carey, III, Additional Defendant ORIGINAL Ln - CL ORDER OF COURT AND NOW, this 30th day of December, 2004, after a conference, It Is Ordered That: 1. That the Plaintiff's weekday schedule be modified so that she will have partial physical custody of the child from 3:00 o'clock p.m. to 7:00 o'clock p.m. on Mondays and Wednesdays. 2. The Plaintiff will pick the child up at the Head.Start Program and the Mother will pick the child up at the end of that period at Plaintiff's house. 3.. The' every other weekend schedule for the natural Father"s.schedule will stay unchanged. 4. The parties have also agreed that the Plaintiff is entitled to a make.-up Friday night, which will not be December 31, 2.004;'but will be Friday, January 7, 2005. 5. :The parties will sign the appropriate releases /?-/ T- W/3 " Kcrofiinl !' 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at Adams-Hanover Counseling and Head Start so that the attorneys in this case may make the appropriate inquiries of staff of Adamm-Hanover Counseling and of Adams County Head Start, Franklin Township Center. 6. Another conference is scheduled for January 18, 2005, at 1:30 p..m., courtroom #3 of the Adams County Courthouse. BY THE COURT, John Wolfe, Esq. Sheryl Jackson, Esq. rhk Robert G. BigT*n Judge 4? 5 C*QeL 2 0 a 0 0 1 2 3 4 5 6 7 s 9 10 11 1? 1; 1 1 1 1 1 IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA CIVIL JANET CAREY vs. ERICA MARIE DICK Vs. GLENN E. CAREY, III 03-S-926 ORDER OF COURT AND NOW, this 215' day of January, 2010, after a conference attended by the parties and their respective attorneys and the Court being advised that all parties reside in Cumberland County, Pennsylvania, IT IS ORDERED that: 1. Venue more properly lies in Cumberland County than Adams 7 County and therefore this case will be transferred to a Cumberland County. The Prothonotary of Adams County is 9 directed to transfer the file to Cumberland County to the 0 Prothonotary of Cumberland County in order to complete the transfer. Father is advised that he will be required by the >2 Prothonotary of Cumberland County to pay some appropriate ?3 24 fee for the case to be given a Cumberland County file number. 25 2. The parties have indicated to the Court that they wish to have certain amendments, supplements, or clarifications to certain r- V 0 0 provisons of a prior Order or Orders of this Court and this Court declines to entertain those matters because of the transfer of venue. The parties are advised that they have the right to petition the Court of Common Pleas of Cumberland County to address those issues in due course. BY THE CQURT, ROBERT *GM o Judge Sheryl L. Jackson Esquire John A. Wolfe, Esquire 2 Stacy B. Wolf, Esquire: 10 West High Street, Carlisle, PA 17013 3 cnb 4 5 6 7 8 9 20 21 22 23 L 201-L This being a true: /iL 24 an attested copy taken from and 25 comparthe o, girial Attes?.. D puts! l:'?? thorlot im 1 2 3 4 5 6 7 8 9 10 11 12 1 1 1 1 1 1 1 VERIFICATION I, the undersigned, do hereby verify that I am the defendant in this action and that the facts set forth in this petition are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. a 8 , 2010 ?enn E. Carey, III STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT GLENN E. CAREY, III JANET CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA MARIE DICK, : CIVIL ACTION Defendant . V. : NO. 2010- CIVIL TERM GLENN E. CAREY, III Defendant : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant Glenn E. Carey, III, do hereby certify that I have served a copy of the foregoing Petition for Modification of Custody upon the following individual by postage prepaid mail, addressed as follows: Sheryl L. Jackson, Esquire 63 West High Street Gettysburg, PA 17325 John A. Wolfe, Esquire Wolfe & Rice 47 West High Street Gettysburg, PA 17325 Date: April C4 , 2010 Stacy B. If, Esquire Attorney o Defendant Carey, III C'~ JANET CAREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ 2010-2880 CIVIL ACTION LAW ERICA MARIE DICK V. GLENN E. CAREY, III IN CUSTODY ORDER OF COURT AND NOW', Tuesday, May 11, 2010 ___, 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, June 03, 2010 at 9:30 AM for aPre-Hearin~~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ____ Hubert X. Gilroy, Esg. Custody Conciliator T'he 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 an~angements 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 SI-IOl1L,D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU UO NO'i t-IAVF: AN ,4"tTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE "I'HE OFFIC h. SE'T FORTH BELOW TO F[ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association cr~a%~.tec~ ~o ~' s. ~y'Z. (Q ~~• 32 South Bedford Street r• ca 5 ~~ Carlisle, Pennsylvania 17013 rnl ~ "telephone (717) 249-3166 .~,,:" _. ~,,~ ~,. fu $• /~• / o ~c~tic~eS Ste- +o ~. (.~.~o~c.. 1 5~• ~a• to ~~,~ ~~~ ~OIC~GSCXI d- ~} ~, ~ 4T ~.. z ~~-? -- ~~ ~~ -c7 C~ , ~~= `~ c~ ~~ ~' .. NOV 2 9 Zuni JANET CAREY, Plaintiff vs. ERICA MARIE DICK V. GLENN E. CAREY, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2880 IN CUSTODY COURT ORDER NOW, this .32day of November, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Roo No. 5 of the Cumberland County Courthouse on the ? day o . , 2W at MO An. At this hearing, the great grandmother, Janet Carey, shall be the moving party and shall proceed initially with testimony. Counsel for the parties 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 summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. f????2.'NC .,Sc.?a./? ?? ism t S,C?A !, /? /. ,t0 2. Pending further Order of this Court, the prior Order issued by the Adams County Court shall remain in place. BY COUR c a G cM 0 CD =-n z 7' ' ? -0 rn ?? cnr .EV t w o , Judge c ?r,n cc: Scy B. Wolf, Esquire -Michael J. Whare, Esquire Joseph D. Buckley , Esquire !! CT , 3 /'oo JANET CAREY, Plaintiff vs. ERICA MARIE DICK V. GLENN E. CAREY, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2880 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Glenn E. Carey, IV, born June 9, 2000 2. A Conciliation Conference was held on June 3, 2010, with the following individuals in attendance: The paternal great grandmother, Janet Carey, with her counsel, Joseph D. Buckley, Esquire, the mother, Erica Marie Dick, with her counsel, Michael J. Whare, Esquire, and the father, Glenn E. Carey, III, with his counsel, Stacy B. Wolf, Esquire. 3. The history of this case is that there was a prior Order of Court from Adams County. The child is now living in Cumberland County. At the June Conciliation Conference, there was some discussion between the parties with respect to the possibility of reaching an agreement. The parties have advised the Conciliator that they cannot reach an agreement in this matter and that a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: November o, 2010 Bert X. Gi oy, Esquire Custody C ciliator JANET CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA MARIE DICK, NO. 2010-2880 CIVIL Defendant V. . GLENN E. CAREY, III, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1st day of February, 2011, after hearing, all other custody Orders are vacated. We adopt the agreement of the parties as articulated and attached hereto. We incorporate the following special provisions: 1. No party shall use physical discipline on the child. 2. The child shall continue swimming with the Gettysburg YWCA swim team unless mother and father mutually agree otherwise. `Stacy B. Wolf, Esquire Attorney for Glenn E. Carey, III '/Michael J. Whare, Esquire Attorney for Erica Marie Dick Lll?" ??7I???d V/ Joseph D. Buckley, Esquire 1 I? Attorney for Janet Carey CG Z or Cry L7 i - P-27 <Cj -- .>r-, C)-n ,_ 5 ?- E y ? srs By the Court, 1 1 THE COURT: Good afternoon. Carey v. Dick 2 and Carey. Are we ready to proceed? 3 MS. WOLF: Yes, Your Honor. Actually, Your 4 Honor, the parties have been able to reach an agreement, 5 which we would like to announce. 6 THE COURT: Okay. 7 MS. WOLF: Mother and father will have shared 8 legal custody of the child, Glenn E. Carey, IV, date of 9 birth June 9th, 2000. 10 Mother will have primary physical custody of 11 the child. 12 Father will have partial physical custody of 13 the child on alternating weekends beginning on Fridays after 14 school until Sunday at 7:00 p.m. 15 Paternal great grandmother, Janet Carey, will 16 have partial physical custody of the child on Mondays from 17 3:00 p.m. until 7:00 p.m. and Wednesdays from 3:00 p.m. 18 until 7:00 p.m. Grandmother will also have one Friday per 19 month from 3:00 p.m. until 9:00 a.m. on Saturday morning. 20 Father shall have five weeks of visitation 21 with the child per summer. 22 Your Honor, the parties are also in agreement 23 to a standard holiday custody schedule with shared holidays. 24 THE COURT: What does that mean? 25 MS. WOLF: Your Honor, just the standard 1 1 holiday schedule where mother and father are sharing 2 holidays and grandmother has some time on the holidays, as 3 well. 4 THE COURT: What is standard? I don't know 5 any standard holiday schedule. 6 MS. WOLF: Shared holidays where father has 7 Christmas Eve until Christmas day and mother would have 8 Christmas day until the day after Christmas, for instance. 9 THE COURT: For instance doesn't make it 10 standard. 11 MR. WHARE: For even-numbered years, father 12 shall have -- 13 THE COURT: Hold on. Go ahead and articulate 14 it, but this is going to be a mess. I'm not going to do 15 this Order. Is somebody going to -- 16 MR. WHARE: Your Honor, how about the parties 17 will submit a holiday schedule to you to attach to the 18 Order. Would that be agreeable to you? 19 THE COURT: All I'm going to do is have her 20 transcribe this and indicate it's incorporated as an Order 21 of Court, if it's agreeable to the part=ies. 22 MS. WOLF: We can certainly present a holiday 23 schedule to the Court that we can all agree on. 24 THE COURT: That's fine, because you're going 25 to have arguments on standard. 2 1 MR. WHARE: Your Honor, I just want to note, 2 also, that each party, while the child is in their custody, 3 will make sure the child makes his extracurricular 4 activities; namely, his swim meets or the swim practices 5 that he has, that each party will just ensure that he 6 attends those events, and those are at the Gettysburg YMCA. 7 THE COURT: Anything else? g MS. WOLF: Yes, Your Honor. The 9 transportation will be shared such that the receiving party 10 is responsible for the transportation. 11 THE COURT: Is that it? 12 MR. BUCKLEY: Your Honor, Joe Buckley for 13 Mrs. Carey. In prior orders, it also stated that none of 14 the parties nor any members of their respective households 15 will impose corporal punishment on the child. 16 THE COURT: It doesn't matter what the prior 17 Orders said. Is that agreed to in this order? 18 MR. BUCKLEY: Yes. 19 MR. WHARE: It is agreeable with us, Your 20 Honor. 21 MS. WOLF: Yes, Your Honor. 22 THE COURT: Anything else? 23 MS. WOLF: I don't believe so, Your Honor. 24 THE COURT: Ms. Dick, did you hear the 25 agreement as articulated by the various counsel? 3 V r 1 MS. DICK: Yes, sir. 2 THE COURT: Is that agreeable to you? 3 MS. DICK: Yes, sir. 4 THE COURT: Mr. Carey, did you hear the 5 agreement as articulated by the various counsel? 6 MR. CAREY: Yes, sir. 7 THE COURT: Is that agreeable to you? 8 MR. CAREY: Can I talk to my lawyer real 9 quick, please? 10 THE COURT: Sure. 11 (Mr. Carey conferred with his counsel.) 12 MS. WOLF: Your Honor, the only issue is the 13 last provision concerning corporal punishment. My client is 14 not in agreement that he cannot discipline his child in any 15 way, if appropriate. 16 THE COURT: Then let's have a hearing. 17 (Whereafter, a hearing was held on the issue 18 of corporal punishment.) 19 20 21 22 23 24 25 4 a~ r~FL~RO~NOr~o~Afty Zttl t MQY 10 PM 12: 00 CUMSERLAND GpUNTY PENNSYLVANl4 JANET CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COiJNTY, PENNSYLVANIA v. : ERICA MARIE DICK, : Civil Action- Law Defendant : : No. 2010-2880 v. • GLENN E. CAREY, III : Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Erica Marie Dick., by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Erica Marie Dick, hereinafter referred to as "mother". 2. Respondents are Ulenn E. Carey, III, hereinafter referred to as "father" and Janet Carey, hereinafter referred to as "paternal great-grandmother". 3. The mother and father are the parents of Glenn E. Carey, IV, June 9, 2000, hereinafter referred to as "Child". ~y ~ 7) ,0o 14 7l~~ ff 4~;_k 4. On February 1, 2011, the Honorable Edward E. Guido entered a Custody Order based on an agreement entered into by the parties. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother no longer resides in close proximity with paternal great-grandmother. b) Paternal great-grandmother has shown an unwillingness to coopera.te with mother regazding child`s extracurricular activities. c) Paternal great-grandmother refuses to help make sure child completes his homework. d) Patemal great-grandmother refuses to enforce disciplinary measures that mother has placed on child. e) Paternal great-grandmother's actions are causing significant stress and strain on parent-child relationship. 6. The best interest of the Child will be served by the Court modifying said Order to provide Mother with primary physical custody, partial physical custody in father and visita.tion with paternal great-grandmother as agreed upon by the parties. ; WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date:~g- /I w Michael J. Wh , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff JANET CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COIJNTY, PENNSYLVANIA v. : ERICA MARIE DICK, : Civil Action- Law Defendant : : No. 2010-2880 v. : GLENN E. CAREY, III : Defendant : IN CUSTODY VERIFICATION ~i i I verifY that the statements made in this Petition are true and correct. I understand that I ~ false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn , , falsification to authonties. Date: Erica Marie Dick, Petitioner i JANET CAREY, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. . ERICA MARIE DICK, . N0. 2010-2880 CIVIL Defendant . v. . GLENN E. CAREY, III, . CIVIL ACTION - LAW Defendant . IN CUSTODY ORDER OF COURT AND NOW, this lst day of February, 2011, after hearing, all other custody Orders are vacated. We adopt the agreement of the parties as articulated and attached hereto. We incorporate the following special provisions: 1. No party shall use physical discipline on the child. 2. The child shall continue swimming with the I Gettysburg YWCA swim team unless mother and father mutually , agree otherwise. By the Court, I A ~ r Edward E. Guido, J. Stacy B. Wolf, Esquire At,torney for Glenn E. Carey, III TRUE COPY FROM RECORD ~ !n TesUmony wheroof, l lon unlo W my hand . ~ichael J. Whare, Esquire IL ~ndtla~loteetdCo~tatt~,Ra. vAt,torney for Erica Marie Dick TWs~ of~,....~ J~ PeoltiOnoAary ~ x.F~.•~, Joseph D. Buckley, Esquire C) Attorney for Janet Carey s rs " %A 1 THE COURT: Good afternoon. Carey v. Dick 2 and Carey. Are we ready to proceed? 3 MS. WOLF: Yes, Your Honor. Actually, Your 4 Honor, the parties have been able to reach an agreement, 5 which we would like to announce. 6 THE COURT: Okay. 7 MS. WOLF: Mother and father will have shared 8 legal custody of the child, Glenn E. Carey, IV, date of 9 birth June 9th, 2000. 10 Mother will have primary physical custody of ' 11 the child. 12 Father will have partial physical custody of the child on alternating weekends beginning on Fridays after 13 14 school until Sunday at 7:00 p.m. 15 Paternal great grandmother, Janet Carey, will 16 have partial physical custody of the child on Mondays from 17 3:00 p.m. until 7:00 p.m. and Wednesdays fr•om 3:00 p.m. ~ 18 until 7:00 p.m. Grandmother will also have one Friday per 19 mon:th from 3:00 p.m. until 9:00 a.m. on Saturday morning. 20 Father shall have five weeks of visitation 21 with the child per summer. 22 Youx- Honor, the parties are also in agreement 23 to a standard holiday custody schedule with shared holidays. 24 THE COURT: What does that mean? 25 MS. WOLF: Your Honor, just the standard 1 1 holiday schedule where mother and father are sharing 2 holidays and grandmother has some time on the holidays, as 3 well. 4 THE COURT: What is standard? I don't know 5 any standard holiday schedule. 6 MS. WOLF: Shared holidays where father has 7 Christmas Eve until Christmas day and mother would have 8 Christmas day until the day after Christmas, for instance. 9 THE COURT: For instance doesn't make it 10 standard. 11 MR. WHARE: For even-numbered years, father 12 shall have 13 THE COURT: Hold on. Go ahead and articulate 14 it, but this is going to be a mess. I'm not going to do 15 this Order. Is somebody going to 16 MR. WHARE: Your Honor, how about the parties 17 will submit a holiday schedule to yo~u to attach to the 18 Order. Would that be agreeable to you? 19 THE COUR.T: All I'm going to do is have her ~20 transcribe this and indicate it's incorporated as an Order 21 of Court, if it's agreeable to the parties. 22 MS. WOLF: We can certainly present a holiday 23 schedule to the Court that we can all agree on. 24 THE COURT: That's fine, because you're going 25 to have arguments on standard. 2 1 MR. WHARE: Your Honor, I just want to note, 2 also, that each party, while the child is in their custody, 3 will make sure the child makes his extracurricular 4 activities; namely, his swim meets or the swim practices 5 that he has, that each party will just ensure that he 6 attends those events, and those are at the Gettysburg YMCA. 7 THE COURT: Anything else? 8 MS. WO.LF: Yes, Your Honor. The 9 transportation will be shared such that the receiving party 10 is responsible for the transportation. , 11 THE COURT: Is that it? 12 MR. BUCKLEY: Your Honor, Joe Buckley for 13 Mrs. Carey. In prior Orders, it also stated that none of 14 the parties nor any members of their respective households 15 will impose corporal punishment on the child. 16 THE COUR.T: It doesn't matter what the prior 17 Orders said. Is that agreed ta in th-ts Order? 18 MR. BUCKLEY: Yes. 19 MR. WHARE: It is agreeable with us, Your 20 Honor. 21 MS. WOLF: Yes, Your Honor. 22 THE COURT: Anything else? 23 MS. WOLF: I don't believe so, Your Honor. 24 THE COURT: Ms. Dick, did you hear the 25 agreement as articulated by the various counsel? 3 , 1 MS. DICK: Yes, sir. 2 THE COURT: Is that agreeable to you? 3 MS. DICK: Yes, sir. 4 THE COUR.T: Mr. Carey, did you hear the 5 agreement as articulated by the various counsel? 6 MR. CAREY: Yes, sir. 7 THE COURT: Is that agreeable to you? g MR. CAREY: Can I talk to my lawyer real 9 quick, please? 10 THE COURT: Sure. 11 (Mr. Carey conferred with his counsel.) 12 MS. WOLF: Your Honor, the only issue is the 13 last provision concerning corporal punishment. My client is 14 not in agreement that he cannot discipline his child in any 15 way, if appropriate. 16 THE COURT: Then let's have a hearing. 17 (Whereafter, a hearirQ was held on the issue i , 18 of corporal punishment.) 19 • * * * 20 21 : 22 23 24 25 4 Holidays and Times Even Odd S12ecial Days Years Years Easter 1" Half 9am until3pm Father Mother Easter 2"`' Half 3pm until 9pm Mother Father Memorial Day 9am until 9pm Mother Father Independence Day 9am until 9pm Father Mather Labor Day 9am until9pm Mother Father Trick or Treat Night 5pm until 9pm Father Mother Thanksgivulg 1" Half 8am until2pm Thanksgiving Day Father Mother Thanksgiying 2"`' I Ialf 2pm Thanksgiving Day until Mother Father 12pm the day after Thanksgiving Day Mother Father Christmas 1" Half 12pm on 12/24 until 12pm on 12/25 Father Mother Christmas 2"Half 12pm on 12/25 until 12pm on 12/26 Mother Father Mother's Day 9am until9pm Mother Mother Father's Day 9am until9pm Father Father il , i JANET CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CLTMBERLAND COUNTY, PENNSYLVANIA v. : ERICA MARIE DICK, : Civil Action- Law Defendant : : No. 2010-2880 v. : GLENN E. CAREY, III : Defendant : IN CUSTODY I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sta,cy B. Wolf, Esquire Joseph D. Buckley, Esquire 10 West High Street 1237 Holly Pike Carlisle, PA 17013 Carlisle, PA 17013 i Dated: Ant&LA I' Michael J. Wh , Esquire Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF r...w JANET CAREY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAIrr -= ' '1 w r CL7 om : .;? C ? ? "'? • t ,? ? ? x1 ` ir V 2010-2880 CIVIL ACTION LAW w = e ERICA MARIE DICK, GLENN E. CAREY, III .;-_? c-? CDi) ?? IN CUSTODY N3 DFFF',NDANT --i ?? ORDER OF COURT AND NOW, Tuesday, November 22, 2011 , 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, December 08, 2011 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; _/s/ Hubert X. Gilroy, Esq." ,A 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 v C'0 ? fi?J /*' 74 3vc? 'J? /;0 JANET CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERICA MARIE DICK V. GLENN E. `--' CAREY, III N0.2010-2880 s m Defendant IN CUSTODY X M = , ,} PRIOR JUDGE: Edward E. Guido COURT ORDER = `•' `' NOW, this day of January, 2012, upon consideration of the attached Custo-d'y Conciliation Report, it is ordered and directed that this Court's prior Order of February 1, 2011, is reaffirmed and modified as follows: The partial physical custody granted to the paternal great grandmother, Janet Carey, shall be as follows: A. One Weekend per month from Friday at 3:00 p.m. until Sunday at 6:00 p.m B. For one full week in the summer months for vacation. C. At such other times as the parties agree. 2. Mother and father shall also keep the paternal great grandmother advised with respect to any and all educational activities, social activities and athletic activities that the paternal great grandmother may normally want to attend and watch. 3. The paternal great grandmother shall insure that she gets the minor child to his scheduled activities, such as wrestling, etc., when she has custody. 4. The one week visitation in the summer for the paternal great grandmother shall be subject to her providing at least thirty days notice as to when she wants to exercise vacation and is subject to any prior vacation schedules that either the mother or father have taken and provided appropriate notification. cc: ? Glenn E. Carey, III -? chael J. Whare, Esquire Joseph D. Buckley, Esquire ?r?s rn? LL Y O T, Edward E. Guido, Judge 0 JANET CAREY, Plaintiff vs. ERICA MARIE DICK V. GLENN E. CAREY, III Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2880 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Glenn E. Carey, IV, born June 9, 2000 2. A Conciliation Conference was held on January 5, 2012, with the following individuals in attendance: The paternal great grandmother, Janet Carey, with her counsel, Joseph D. Buckley, Esquire, the mother, Erica Marie Dick, with her counsel, Michael J. Whare, Esquire, and the father, Glenn E. Carey, III, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. Date: January q_, 2012 Hubert X. Gilro , Esquire Custody Con ' iator