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HomeMy WebLinkAbout01-7051, 4 ERIC C. CHANDLER, Plaintiff VS. KRISTIN PODOLSKI Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. Q?- 7D5? ?l1/,? CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Eric C. Chandler, residing at 115 Westmoreland Avenue, Longmeadow, MA 01106. 2. The Defendant is Kristin Podolski, residing at 115 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Vincent Michael Podolski 115 Franklin Square 1 year Mechanicsburg, PA The child was born on November 10, 2000. He is presently in the custody of Defendant, Kristin Podolski, who resides at 115 Franklin Square, Mechanicsburg, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name 1. Kristin Podolski and Melissa Edwards Address 13harcrest Apt. Complex Hershey, PA 17033 Date birth to 2/01 2. Kristin Podolski and 115 Franklin Square 2/01 topresent r 4 Melissa Edwards Mechanicsburg, PA 17055 The mother of the child is Kristin Podolski, currently residing at 115 Franklin Square, Mechanicsburg, Pennsylvania. She is unmarried. The father of the child is Eric C. Chandler currently residing at 115 Westmoreland Avenue, Longmeadow, MA. He is unmarried. Father had a paternity test done at his request with positive results indicating that he is the father of the child. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court . 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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. I 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The father has provided support of $1,000.00 per month on a voluntary basis. b. The father has had visitations every weekend since the date of the child's birth from Friday 8:00 p.m. to Sunday 12:00 p.m. While in father's custody, father has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) woke child up in the morning 4.) put the child to bed nightly at the appropriate time, attended the child in the middle of the night c. The mother has informed father that she is moving in with a new paramour in Mechanicsburg ; d. Father is currently employed for the past year as an IT Coordinator with Integralis; e. Mother is currently employed as a waitress at Leeds Restaurant and has been employed in this capacity for approximately one week; f. Father resides with his brother and sister-in-law, Steven and Diane Chandler, in Longmeadow, Massachusetts. g. Father has two (2) other brothers, Scott and Vernon Chandler, as well as six (6) aunts and uncles and other extended family members who live in Massachusetts; h. All of Father's extended family are willing to be care providers and assistants to Father in his childcare responsibilities; i. Father has made initial inquiries into daycare services at Kindercare in the Longmeadow area. Kindercare currently has an opening and is willing to take the child in the event the court orders custody to the Father. j. Father is more capable of providing a stable environment for the child; 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant him primary physical custody of their child. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: 1,'a - (`) 2001 Jas n P. Kutulakis, Esquire I.D. 80411 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Attorney for Plaintiff L Eric C. Chandler, hereby vedfp that the facts set fortis in the foregoing Custody Complaint are t= and-:correct to the best of my knowledge, information and belief I undetstand that false statements herein are made subject to the penalties of I$ Pa.C.S. §4904, relating to ur swota ;faMcation to authorities. Date: 141 2001 G- Etsc C. Chandler ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. KRISTIN PODOLSKI CIVIL ACTION - LAW Defendant. PROOF OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on this 14``' day of December, 2001, a true and correct copy of the CUSTODY COMPLAINT was served upon Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Kristin Podolski 115 Franklin Square Mechanicsburg, PA 17055 Jaso P. Kutulakis A ' Q? < J 9 6 ? Rj ? L. 4 ERIC C. CHANDLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7051 CIVIL ACTION LAW KRISTIN PODOLSKI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 20, 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, January 10, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilroy,Fie, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 hC)Zqs-q M J-47D MNVAlXSNNgd hZ.Z Idd 1 Z 030 to i qA#,g I U30 10 ,l'tlb ONO L O'lu " - h I Iopr/-r/ r ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. ? ?? S KRISTIN PODOLSKI CIVIL ACTION - LAW Defendant. TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this 17th day of December, 2001, comes the petition of Eric Chandler, by and through his attorney, Jason P. Kutulakis, Esquire of ABOM & KUTULAKIS, L.L.P. and respectfully represents: 1. The Plaintiff is Eric C. Chandler, residing at 115 Westmoreland Avenue, Longmeadow, MA 01106. 2. The Defendant is Kristin Podolski, residing at 115 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania. 3. This action has been brought under the Divorce Code and includes related claims for alimony, property distribution, equitable remedies, counsel fees, costs and other related claims. 4. Respondent has advised petitioner on numerous occasions that she does not intend to appear at any hearings in Pennsylvania although having been served with a complaint in divorce and notice of a hearing in the Domestic Relations Office and that she intends to surreptitiously enter and depart the jurisdiction for the purpose of depriving petitioner of his rights, all to his prejudice, and further, states that she will see that he obtains no property or no monies from the Court in satisfaction of his claims. 5. All of the above information is based on direct statements of respondent to petitioner. 6. This emergency petition is based upon Father's fear that the child's Mother will secretly leave the area with the child. During discussions between the parties to resolve the custody dispute. Mother has indicated to Father that if formal action is taken, she would leave the area with the child and father would never see the child again. 7. Respondent has family and friends that live in Florida and Texas. Respondent has informed Petitioner she would leave Pennsylvania to reside with them. WHEREFORE, petitioner requests your Honorable Court to direct the issuance of a writ of ne exeat, in accordance with Section 403(a) of the Divorce Code of 1980, with bail to be set at a sufficient sum in order to guarantee respondent's appearance. Very truly yours, OM & KUTULAKIS, L.L.P. Jas P. Kutulakis JPK/dem. 1, Flic C. Chandle% hereby vezifp that the facts set forth in the foregoing Custody Complaint axe true ancl:coxxect to the best of my knowledge, information and belief. I understand that false statements hers are made subject to the penalties of I$ Pa.C.S. §4904, relating to utiswom £alsi£icatim to authorities. Date: 141 2001 Faic C. Chandler ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. vs. NO. KRISTIN PODOLSKI CIVIL ACTION - LAW Defendant. PROOF OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on this 14s' day of December, 2001, a true and correct copy of the PETITION NE EXEAT was served upon Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Kristin Podolski 115 Franklin Square Mechanicsburg, PA 17055 1 _ Jaso P. Kutulakis Mb I v 2111? ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. 01-10S-1 KRISTIN PODOLSKI CIVIL ACTION - LAW Defendant. AND NOW, thisday of December, 2001, upon consideration of the attached Petition filed on behalf of Petitioner, the-rTvxrrunv?y 10 fed to i we a Writ of Ne Exeat M Z&vlw" against Defendant, Kristin Podolski; set &Vffl%TM1b and DECREED that Kristin o o s is firth BY COURT: .6 ?? g ? 43414 It ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. Vs. NO. 01-7051 KRISTIN PODOLSKI CIVIL ACTION - LAW Defendant. AND NOW, this K!'? day of January, 2002, upon consideration of the attached Petition filed on behalf of Petitioner, the Prothonotary is directed to issue a Writ of Ne Exeat. It is further ORDERED and DECREED that Kristin Podolski is directed to remain in the jurisdiction of this Court, along with the minor child, until a final custody order is entered in this matter. BY T COURT J. R\Oorn$ l?u?-u,la?is De.-'4. IK5 o 0Snv3e LNnoWno ??B le:814v 1-tlV ZQ , ., , &717` rJ: i1C): j ?0 ERIC C. CHANDLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. Vs. : NO. 01-7051 KRISTIN PODOLSKI CIVIL ACTION -LAW Defendant. WRIT OF NE EXEAT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss.: TO THE SHERIFF OR OTHER LAW ENFORCEMENT OFFICER OF CUMBERLAND COUNTY: We hereby command you that you do, without delay, direct the Defendant, Kristin Podolski, personally, not go, or attempt to go, out of the Commonwealth of Pennsylvania without leave of our. Court. Moreover, we command you to direct said defendant that she shall not remove or cause to be removed the parties child from this jurisdiction until final disposition of the custody matter currently pending before This Honorable Court. You are to forthwith make and return a certificate thereof to our Court together with this writ. Witness, the Honorable Edward E. Guido, judge of said Cumberland County Court of Common Pleas, this _?_ Day of January, 2002. V C) c:-*) N -0 0 LT f i ? f t-Gl --o - -ri f.7 "< m:\home\jrb\family\podolski answer.wpd Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Defendant ERIC C. CHANDLER, PLAINTIFF, V. KRISTIN PODOLSKI DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-7051 CIVIL ACTION - LAW ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes Defendant, Kristin Podolski, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham and presents this Answer to Complaint for Custody, as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Defendant admits that the child was born on November 10, 2000. The Defendant is the natural mother, and the Plaintiff is the natural father. The minor child resides in the custody of Defendant at 115 Franklin Square, Mechanicsburg, Pennsylvania 17050. The Defendant admits that during the child's lifetime, he has resided with his mother and grandmother at the addresses as set forth in Plaintiff's complaint. Defendant denies that the minor child's best interests would be served by being in Plaintiff/Father's custody. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant denies that the best interest and permanent welfare of the child will be served by granting primary custody to the Plaintiff/Father. By way of further answer, Defendant avers that the minor child's best interest and welfare will be served by granting primary custody to Defendant/Mother for reasons set forth, as follows: a. Since Vincent's birth, Defendant/Mother has provided constant care, sustenance, and nurturing; b. Defendant/Mother has provided aproper living environment for Vincent, caring for his daily needs; C. Defendant/Mother has formed an extremely close mother/son relationship due to her nursing him and caring for him as a single parent. d. Defendant/Mother has promoted a relationship with the Plaintiff/Father, allowing r Ao . weekly visitation in Father's ai9kT s residence in Rafryy County to enable Father to visit with his son; e. Defendant/Mother had a very short relationship with Plaintiff/Father, which relationship ended about the time Mother became pregnant; f. Notwithstanding this short relationship, Defendant/Mother has promoted a familial relationship with Plaintiff/Father's family, including babysitting that is done during the week by Plaintiff/Father's sister in Perry County and visitation by va+r..?s' Plaintiff/Father on the weekends at his sister'A residence; g. Defendant/Mother works part-time during the day in order to enable her to spend a maximum amount of time with Vincent, due to his young age; rAclr da h. Defendant/Mother lives with her mother, Nishm& Edwards, and she expects to continue that living arrangement; and i. Defendant/Mother intends to reside in the Harrisburg area for the foreseeable future. 10. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court grant primary physical custody of the minor child, Vincent Michael Podolski, to Defendant/Mother and grant rights of visitation to Plaintiff/Father. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Jeffrey R. Boswell, Esquire DATE: January 10, 2002 VERIFICATION I, Kristin Podolski, hereby verify that the facts contained in the foregoing Answer to Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. S N PODOLSKI DATE: January 10, 2002 CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Answer to Complaint for Custody on the following: Jason P. Kutulakis, Esquire ABOM & KUTULAKIS, L.L.P. 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Plaintiff Method of Service: First class mail Certified mail/Restricted Delivery X Other - Personal Service BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Je e . Boswell, Esquire Dated: January 10, 2002 .a ctis ? I ?1" DE JO 8 zuuj ERIC C. CHANDLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KRISTIN PODOLSKI, : NO.01- 7051 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this (0?? day of December, 2003, this case coming before the conciliator on the request of the Court Administrator to address the outstanding referral for a conciliator and the conciliator being advised that the parties had previously resolved the matter without the need of further involvement of the conciliator, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Cyr roy Custody(nciliator C) c. r; ,.l ERIC C. CHANDLER, Plaintiff/Petitioner V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff, Eric C. Chandler, by and through his counsel, Cunningham & Chemicoff, P.C., who respectfully states the following in support of his Petition for Modification of Custody: 1. Your Petitioner, Eric C. Chandler (the "Father"), is an adult individual and is the Plaintiff in the above captioned matter, who currently resides at 297 Nahants Road, Apartment D3 R, Nahants, Massachusetts, 01908. 2. Your Respondent, Kristin J. Podolski (the "Mother"), is an adult individual and is the Defendant in the above captioned matter, who currently resides at 4308 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. By Order of Court, dated December 4, 2003, (the "Order") the parties reached an agreement for custody of the parties' minor child, Vincent Michael Podolski (the "Minor Child"), born on November 10, 2000. 4. The Order, which merely referred to the verbal agreement between the parties, granted primary physical custody of the Minor Child to the Mother, with partial physical custody of the Minor Child to be exercised by the Father as agreed by the parties. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporate herein by reference. i' 5. The Order provides fully shared legal custody of the parties Minor Child. 6. The Father exercises his rights of partial physical custody with the Minor Child nearly every weekend despite the fact that he resides in Massachusetts and the Minor Child resides in Pennsylvania. 7. The Father seeks to modify the Order of Court with regard to the parties' Minor Child. 8. For the past five (5) years the Minor Child has lived with the following persons at the following address: PERSON ADDRESS DATE Mother, Minor Child, 325 Townhouse 11/2000 - 1/2001 Melinda Edwards Hershey, PA 17033 (Grandmother of Minor Child) Mother, Minor Child, 115 Franklin Square 1/2001 - 2003 Grandmother of Minor Mechanicsburg, PA 17050 Child, Aliana Podolski, Shannon Podolski, various family friends Mother, Minor Child 5C Richard Lane, Apt. 110 2003 - 2/2004 Camp Hill, PA 17011 Mother, Minor Child, 4609 Brian Road 2/2004 - Present J u l i e a n n e V i n c e n z i a Mechanicsburg, PA 17050 Podolski (mother's child) Mother, Minor Child 2 9. Since the entry of the Order, the Mother has lived in various places with a number of different people. The Mother, on numerous occasions, has also attempted to move in with her current paramour for that time. Since the entry of the Order, Mother has had a number of different paramours. 10. Father believes, and therefore avers, that Mother is planning to again change her residence. 11. Since the entry of the Order, the Father has obtained employment as Senior Systems Engineer for Fidelity Investments 12. Father's employment would allow him to work from home and obtain daycare next door to his work. 13. Father is also surrounded by a number of family members, which could lend support to the care of the Minor Child. 14. The best interests and permanent welfare of the parties Minor Child, Vincent Michael Podolski, will best be served by transferring primary physical custody of the Minor Child to Father because: (a) The Minor Child views his Father as a source of stability, a source of love, and a source of emotional support. (b) Father maintains employment that will allow him to provide a stable environment, in the same location, for the Minor Child and allow him to spend a great deal of time with the Minor Child. 3 (c) Father's residence is located near a great number of family members, which would offer support, stability, and love to the Minor Child. WHEREFORE, your Petitioner/Plaintiff, Eric C. Chandler, hereby respectfully requests the present Order of Custody be amended to provide for an amended schedule of custody with your Petitioner. Petitioner further requests that this Court grant such further relief as is just and proper. submitted, FF By: I.D. #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner/Plaintiff) Date: May/72006 4 ERIC C. CHANDLER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I, ERIC C. CHANDLER, verify that the statements made in the foregoing Petition for Modification of Custody are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Eric C. Chandler Date: May / ? , 2006 0 V 10 AV `- = i L) f ?l i .r i + 1 cc ERIC C. CHANDLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN J. PODOLSKI DEFENDANT • 01-7051 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 26, 2006 , 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, July 06, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GRro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 *ww 44V Q ? `Z ?? ?r FG ERIC C. CHANDLER, Plaintiff/Petitioner V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Petition for Modification of Custody, with regard to the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, restricted delivery, in Harrisburg, Pennsylvania, on June 1, 2006, as per the attached return receipt card, addressed to: Kristin J. Podolski 4609 Brian Road Mechanicsburg, PA 17050 CUNNINGHAM & CHERNICOFF, P.C. Date: June 2, 2006 By: "; ?'-, , e, a d'(Z , Stacy A. Sol berger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 k n < ; ` , --+ - ?.. '- < -- , _ -, ., c-^ . ..' ; = c.? X ERIC C. CHANDLER, Plaintiff CFI F-, 3 Jug _ 2006 BY: M? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7051 KRISTIN J. PODOLSKI, Defendant : IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this O" day of July, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled i?n Courtroom No. of the Cumberland County Courthouse on the ,, , ? day of 4r , 2006, at I.V6 . _D . m. At this hearing, the Father, Eric C. Chandler, 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 party's position on the custody situation, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the parties shall continue handling custody pursuant to the schedule that has been in place over the past two years. B' Judge Cc: ?nelly M. Knight, Esquire ?ffrey R. Boswell, Esquire, \,0 r1i ?U r ERIC C. CHANDLER, Plaintiff v KRISTIN J. PODOLSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7051 CIVIL ACTION - LAW : IN 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Vincent Michael Podolski, born November 10, 2000 2. A Conciliation Conference was held via a telephone conference on July 12, 2006 between the Conciliator and Kelly M. Knight, Esquire, who represents the Father, Eric C. Chandler, and Jeffrey R. Boswell, Esquire, who represents the Mother, Kristin J. Podolski. 3. There is no prior custody Order in this case. The parties have been living by an informal agreement with Mother having primary physical custody and Father having liberal periods of visitation with the minor child. Father now suggests that circumstances are such that primary custody should be transferred to him. Mother is not in agreement and a hearing is required. 4. A hearing in this case should take no more than % day. 5. The Conciliator recommends an Order in the form as attached. Date: July ', 2006 ZT, ubert X. G' oy, Esquire Custody C ciliator AUG-29-2006 TUE 04:55 PM BOS, TIN, PICC & ALF. FAX NO, 717 236 9316 P. 03 ERIC C. CHANDLER, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 01.7051 CIVIL ACTION - LAW KRISTIN J. PODOLSKI DEFENDANT. :CUSTODY ORDER OF COURT AND NOW, in consideration of the motion filed for a continuance, the hearing set for 1:00 p.m., on Thursday, August 31, 2006, is hereby continued .-.? i>& A0-4? "rv- I*---* ')?5 - BY,o--IfE COURT: J. Dated: 4 ?40 to 4 ' Jl?l p f l\,.J a r Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Defendant ERIC C. CHANDLER, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-7051 CIVIL ACTION - LAW KRISTIN J. PODOLSKI DEFENDANT. :CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, Kristin J. Podolski, by and through her counsel, Boswell, Tintner, Piccola & Alford, and makes this motion for a continuance, as follows: 1. A hearing is set for Thursday, August 31, 2006, at 1:00 p.m. 2. Counsel for the parties have discussed the custody issues in anticipation of an agreement between the parties. 3. Counsel anticipates reaching an agreement, on or about September 15, 2006. 4. An agreement will preclude the necessity for a hearing in this matter. 5. Counsel for Plaintiff concurs in this motion. WHEREFORE, Kristin J. Podolski respectfully requests the hearing scheduled for August 31, 2006, be continued. Respectfully submitted, BOSWELL, TINTNER, PICCOLA & ALFORD By: Jeffrey R. Boswell, Esquire /s/ DATED: August 29, 2006 CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Motion for Continuance on the following: Kelly M. Knight, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Plaintiff Method of Service: X First class mail Certified mail/Restricted Delivery Other - Personal Service BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Jeffrey R. Boswell. Esquire /s/ Dated: August 29, 2006 BOSWELL, TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. BOX 741 HARRISBURG, PA 17108-0741 LEONARD TINTNER WILLIAM D. BOSWELL JEFFREY E. PICCOLA (717) 236-9377 11943-19991 JEFFREY R. BOSWELL FAX (7171 236-9316 BRIGID O. ALFORD btpaQatt.net G. EDWARD SCHWEIKERT, IV August 29, 2006 Ms. Sandy Davis "SENT VIA FAX AND FIRST CLASS MAIL" Chambers of the Hon. Edward E. Guido NO. 240-6462 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Eric C. Chandler vs. Kristin J. Podolski In the Court of Common Pleas Cumberland County, Pennsylvania No. 01-7051 Civil Action Law - In Custody Dear Ms. Davis: As per your request received at 4:09 p.m., I have enclosed the Motion for Continuance and the proposed Order of Court. I understand that you were unable to open my e-mail sent this morning with the attached documents. I thank you for your consideration and your attention to this matter. Sincerely, Je ey R. Boswell JRB:cih Enclosure cc: Kelly M. Knight, Esquire (w/copy of enc.) AUG-29-2006 TUE 04:55 PM BOS, TIN, PICC & ALF. FAX NO. 717 236 9316 P. 02 , r BOSW ELL, TINTNBR, PICCOI A. & AuORD COUNSELORS AT LAW 315 NORTH PaoNT STREET P.O. BOX 741 HARMSBURG PA 17108 0741 LEONARD TINTNER , - JEFFREY E. PICCOLA JEFFREY R BOSWELL WILLIAM L 17171 236-9377 . BRIGID 0. ALFORD 990) -1 9 88) 11943- FAX 1717) 236-931e G. EDWARO SCHWEIKERT, IV btpa@att.nat August 29, 2006 Ms. Sandy Davis "SENT VIA FAX AND FIRST CLASS MAIL" Chambers of the Hon. Edward E. Guido NO. 240-6462 Cumberland County Coluthouse One Courthouse Square Carlisle, PA 17013-3357 RE: Eric C. Chandler vs. Kristin J. Podolski In the Court of Common Pleas Cumberland County, Pennsylvania No. 01-7051 Civil Action Law - In Custody Dear Ms. Davis: As per your request received at 4:09 p.m., I have enclosed the Motion for Continuance and the proposed Order of Court_ I understand that you were unable to open my e-mail sent this morning with the attached documents. I thank you for your consideration and your attention to this matter. Sincerely, JRB.clh Je eY K Boswell. Enclosure cc: Kelly M. Knight, Esquire (w/copy of enc.) .* AUG-29-2006 TUE 04:56 PM BOS, TIN, PICC & ALF. Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & ALI=ORD 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Defendant ERIC C. CHANDLER, PLAINTIFF, V. KRISTIN J. PODOLSKI DEFENDANT. FAX NO. 717 236 9316 P. 04 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 :CUSTODY MOTION FOR CONTINUANCE CIVIL ACTION - LAW AND NOW comes the Defendant, Kristin J. Podolski, by and through her counsel, Boswell, Tintner, Piccola & Alford, and makes this motion for a continuance, as follows: 1. A hearing is set for Thursday, August 31, 2006, at 1:00 p.m. 2. Counsel for the parties have discussed the custody issues in anticipation of an agreement between the parties. 3. Counsel anticipates reaching an agreement, on or about September 15, 2006. 4. An agreement will preclude the necessity for a hearing in this matter. 5. Counsel for Plaintiff concurs in this motion. ,, AUG-29-2006 TUE 04;56 PM BOS, TIN, PICC & ALF, FAX NO. 717 236 9316 P. 05 WHEREFORE, Kristin J. Podolski respectfully requests the hearing scheduled for August 31, 2006, be continued. Respectfully submitted, BOSWELL, TINTNER, PICCOLA & ALFORD By: Jeffrey R. 90-swell Esquire /s/ DATED. August 29, 2006 AUG-29-2006 TUE 0456 PM BOS, TIN, PICC & ALF. FAX NO. 717 236 9316 P. 06 CERTIFICATE OF SERVICE 1, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Motion for Continuance on the following: Kelly M. Knight, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Attomeys for Plaintiff Method of Service: X First class mail - Certified mail/Restricted Delivery Other - Personal Service BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Je re R. Boswell Es uire /s/ Dated: August 29, 2006 AUG-29-2006 TUE 04;55 PM BOS, TIN, PICC & ALF. FAX NO. 717 236 9316 P. 01 R OS VE LL, TINTNE R, PICCOLA & ALFORD Q Leonard Tintner Q Brigid Q. Alford ? )?( Jeffrey E. Piccola ? G. Edward Schweiker? IV Jeffrey R. Boswell 4 W. FACSIMILE TRANSMITTAL SHEET TO:? COMPANY. PHONE NUMBER, FAX NUMBER: 2- yo - L RE: FOR YOLjR RE VIE W MESSAGE: HARD COPY WILL a WILL NOT FOLLOW 'ICE WRITTEN MESSAGE IS FOR THE EXCU SIVE CONTAINS -? ADDRESSEE ?NF?ENTIAL, nRIVILEGED AND LXSE OF TI T THE REclPIENT OF THIS FACSIMILE TRANSMISSION IS NOT TICDISCLOSARLE ADDRESSEE NFORMATTON IF PERSON RESPONS1BLE FOR DELIVERING THE MESSAGE TO THE ADDRESSEE, SCH GU A RECIPMNT IS PROHIBITED FROM LEADING OR DING THIS MESSAGE IN ANY WAy. F 'YOU HAVE RECEIVED THIS MESSAGE IN ER AND DESTROY THE FACSIMILE ROR, PLEASE CONTACT U5 IMMEDIATEL 'IRANSMISSIONDOCNTS. 315 NORTH FRONT STREET • P. O, BOX 741 • ;?PHONE: RRISBURG, PA 17108-0741 (70236-9377 . FAX- (717)236.9316 E-MAIL: btpa@;ttt.net 9 WEBSITE: www.btpw.corn DATE: NO. OF PAGES: URGENT 1! 4 PLEASE REPLY qb 1. Kelly M. Knight, Esquire Supreme Court #87365 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-mail: kknight&cclawpc.com ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Movant OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY MOTION TO RELIST CUSTODY HEARING AND NOW, comes the Plaintiff/Movant, Eric C. Chandler ("Plaintiff'), by and through his counsel, Cunningham & Chernicoff, P.C., who submits his Motion to Relist Custody Hearing and in support thereof avers as follows: 1. A hearing was set for this matter before the Honorable Judge Guido on Thursday, August 31, 2006, at 1:00 p.m. 2. Prior to the August 31, 2006, hearing, Plaintiff's counsel was contacted by Defendant's counsel regarding a conflict Defendant's counsel had with the August 31, 2006, date. 3. Specifically, Defendant's counsel was scheduled for vacation on August 31, 2006. 4. Defendant's counsel requested a continuance of the August 31, 2006 hearing. 4e 5. Plaintiff's counsel agreed to Defendant's Motion for Continuance on the basis that good faith negotiations would be conducted in the hopes of obtaining an agreement in this matter on or before September 15, 2006, as reflected in Defendant's Motion for Continuance filed with this Court on or about August 29, 2006. 6. This Court issued an Order on August 30, 2006, continuing the hearing generally until relisted upon Petition of either party. 7. Since the entry of this Court's Order on August 30, 2006, Defendant has failed to engage in any good faith negotiations in an attempt to enter into a final Custody Agreement. 8. Plaintiff requests that the custody matter be relisted for hearing at the next available date. 9. Multiple telephone calls were made to Defendant's counsel seeking concurrence with this Motion, no response was provided. Therefore, concurrence could not be obtained. WHEREFORE, your Plaintiff/Movant, Eric C. Chandler, hereby respectfully requests that this Honorable Court relist the above captioned matter for a hearing on the next available date. Date: September 21, 2006 F:\HOME\TLF\CUSTODY\CHAN-MOT. WPD 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff/Movant) 2 i N ERIC C. CHANDLER, Plaintiff/Movant V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that on the 215` day of September, 2006, a true and correct copy of the MOTION TO RELIST CUSTODY HEARING was served by first-class U.S. Mail, postage prepaid, to: Jeffrey R. Boswell, Esquire Boswell, Tinter, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CUNNINGHAM & CHERNICOFF, P.C. By: 64 /,/Y- Stacy A. So nberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 4b? ?y rim) s ? ?4 -, N 14 ?SAP ? 7 2Q?6 'ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Movant OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, : Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this day of , 2006, upon consideration of the -- ?i? Motion to Relist Custody Hearing, and for cause shown, it hereby is ORDERED AND DECREED that the Motion to Relist Custody Hearing is granted. 2006, at in., in Courtroom of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. A hearing in this matter will be scheduled for the r day of D 3 J. q o?° 9Z :6 HIIf 6Z ? S 9 Ad1vrz it!L L 'C J ?--u jG -?? , Kelly M. Knight, Esquire Supreme Court #87365 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-mail: kknightgcclawpc.com ERIC C. CHANDLER, Plaintiff/Petitioner V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7051 CIVIL ACTION -LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND EMERGENCY CUSTODY AND NOW, comes the Plaintiff/Petitioner, Eric C. Chandler, by and through his counsel, Cunningham & Chernicoff, P.C., who respectfully states the following in support of his Petition for Special Relief and Emergency Custody: 1. Petitioner, Eric C. Chandler (the "Father"), is an adult individual and is the Plaintiff in the above captioned matter, who currently resides at 297 Nahants Road, Apartment D3R, Nahants, Massachusetts, 01908. 2. Respondent, Kristin J. Podolski (the "Mother"), is an adult individual and is the Defendant in the above captioned matter, who currently resides at 4308 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. By Order of Court, dated December 4, 2003 (the "Order"), the parties reached an agreement for custody of the parties' minor child, Vincent Michael Podolski (the "Minor Child"), born on November 10, 2000. 4. The Order, which merely referred to the verbal agreement between the parties, granted primary physical custody of the Minor Child to the Mother, with partial physical custody of the Minor Child to be exercised by the Father as agreed by the parties. 5. The Order provides fully shared legal custody of the parties' Minor Child. The Father exercises his rights of partial physical custody with the Minor Child nearly every weekend despite the fact that he resides in Massachusetts and the Minor Child resides in Pennsylvania. 6. The Father has filed a Petition for Modification of Custody with this Court with regard to the parties' Minor Child. 7. A hearing was originally scheduled for August 31, 2006, but was continued upon request of the Mother, which was concurred in by Father based on Mother's representations of her intent to negotiate in good faith. 8. Upon the granting of the continuance, Mother refused to negotiate, in any manner, with Father. 2 9. A hearing is now scheduled on this matter before the Honorable Judge Guido on November 13, 2006. 10. The Father is seeking the entry of an Emergency Order granting him temporary primary custody of the Minor Child until the November 13, 2006, hearing, before the Honorable Judge Guido. 11. The Minor Child attends school on weekday afternoons. 12. On October 19, 2006, before the Minor Child was scheduled to attend school, the Father contacted the Minor Child via telephone and was informed by the Minor Child that he was unsupervised as his mother was "sleeping". 13. Upon further conversation, the Father learned, from the Minor Child, that the Mother does not schedule her waking time until it is time for the Minor Child to go to school. 14. At approximately 11:15 a.m. the Father asked the Minor Child if he had breakfast, the Minor Child responded "no." 15. Father believes, and therefore avers, that the Minor Child was unsupervised during his phone conversation. 3 16. In the preceding days to the filing of this Petition, the Father has been in contact with an ex paramour of the Mother, Mike Rudy, who also is the father of another minor child to Mother. 17. According to Mr. Rudy, the Mother frequently leaves the Minor Child unsupervised while she is sleeping, etc. At such times, the Minor Child has gone outside unattended, has jumped a fence, and has played on the top of cars. 18. On or about October 18, 2006, Father believes, and therefore avers, that Mother's most recent paramour, "Josh" has abandoned the Mother and Minor Child and had taken all available assets of the Mother. 19. In the past, Mother has become depressed, nonresponsive and has turned to substance abuse when faced with problems in her personal relationships. 20. The Father believes, and therefore avers, that the Minor Child is frequently left without parental supervision when in the Mother's custody. 21. The Father believes, and therefore avers, that it is in the best interest of his Minor Child not to be in the custody of Mother at the present time. 4 22. On October 19, 2006, the Father traveled from Massachusetts to Pennsylvania and obtained custody of the Minor Child from the Mother, with the Mother's consent, due to his fears for the Minor Child's safety and welfare. 23. The Minor Child is currently in the custody of the Father. 24. The Father has genuine care and concern for his Minor Child. 25. The Father assumes, and deems it necessary, to assume responsibility for the Minor Child as he believes, and therefore avers, that the Minor Child is substantially at risk due to parental abuse, neglect, potential drug and alcohol abuse, and mental illness. 26. The Father believes, and therefore avers, that the best interest and permanent welfare of the Minor Child will best be served by granting emergency relief to the Father because Father has the ability to be a primary caretaker of the Minor Child, provide a stable, safe, and secure environment for the Minor Child and can further provide for the Minor Child's emotional, psychological, physical, and spiritual needs. Furthermore, the Minor Child views Father as a source of stability, love, and emotional support. 5 WHEREFORE, your Petitioner, Eric C. Chandler, hereby respectfully requests that this Honorable Court grant the Petition for Emergency Custody and award Petitioner all such other relief as is just and appropriate. By P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) Date: October 20, 2006 F:\HOM E\TLF\CU STODY\C HA-PET[. W PD 6 2320 North Second Street ERIC C. CHANDLER, Plaintiff/Petitioner V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, ERIC C. CHANDLER, verify that the statements made in the foregoing Petition for Emergency Custody are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. "? /' A WW) L Eric C. Chandler Date: October 20, 2006 ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Movant OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that on the 20" day of October, 2006, a true and correct copy of the PETITION FOR SPECIAL RELIEF AND EMERGENCY CUSTODY was served by first-class U.S. Mail, postage prepaid, to: Jeffrey R. Boswell, Esquire Boswell, Tinter, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CUNNINGHAM & CHERNICOFF, P.C. By: Stacy A. Soll erger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 N c fz r'..: c 7; C] `?cn G CX? ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN J. PODOLSKI, NO. 01-7051 Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY O_ AND NOW, this day of 2006, upon consideration of the Petition Special Relief and ORDER granting Petition and stating Father shall retain sole physical custody until full hearing scheduled in this matter on November 13, 2006, for Emergency Custody, a hearing in this matter will be scheduled for the day of 2006, at .m., in Courtroom of the Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania 17013-3387. BY THE COURT: J. Kelly M. Knight, Esquire Supreme Court #87365 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-mail: kkniaht2cclawbc corn ERIC C. CHANDLER, Plaintiff/Petitioner V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7051 CIVIL ACTION - LAW IN CUSTODY AND NOW, comes the Plaintiff/Petitioner, Eric C. Chandler, by and through his counsel Cunningham &Chernicoff, P.C., who respectfully states the following in support of his Petition for Special Relief and Emergency Custody: 1. Petitioner, Eric C. Chandler (the "Father"), is an adult individual and is the Plaintiff in the above captioned matter, who currently resides at 297 Nahants Road, Apartment D3R, Nahant s, Massachusetts, 01908. 2. Respondent, Kristin J. Podolski (the "Mother"), is an adult individual and is the Defendant in the above captioned matter, who currently resides at 4308 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. I By Order of Court, dated December 4, 2003 (the "Order"), the parties reached an agreement for custody of the parties' minor child, born on November 10, 2000. Vincent Michael Podolski (the "Minor Child"), 4. The Order, which merely referred to the verbal agreement between the parties, granted primary physical custody of the Minor Child to the Mother, with partial physical custody of the Minor Child to be exercised by the Father as agreed by the parties. 5. The Order provides fully shared legal custody of the parties' Minor Child. The Father exercises his rights of partial physical custody with the Minor Child nearly every weekend despite the fact that he resides in Massachusetts and the Minor Child resides in Pennsylvania. 6. The Father has filed a Petition for Modification of Custody with this Court with regard to the parties' Minor Child. 7. A hearing was originally scheduled for August 31, 2006, but was continued upon request of the Mother, which was concurred in by Father based on Mother's representations of her intent to negotiate in good faith. 8• Upon the granting of the continuance, Mother refused to negotiate, in any manner with Father. ' 2 9. A hearing is now scheduled on this matter before the Honorable Judge Guido on November 13, 2006. 10. The Father is seeking the entry of an Emergency Order granting him temporary primary custody of the Minor Child until the November 13, 2006, hearing, before the Honorable Judge Guido. 11. The Minor Child attends school on weekday afternoons. 12. On October 19, 2006, before the Minor Child was scheduled to attend school, the Father contacted the Minor Child via telephone and was informed by the Minor Child that he was unsupervised as his mother was "sleeping". 13. Upon further conversation, the Father learned, from the Minor Child, that the Mother does not schedule her waking time until it is time for the Minor Child to go to school. 14. At approximately 11:15 a.m. the Father asked the Minor Child if he had breakfast, the Minor Child responded "no." 15. Father believes, and therefore avers, that the Minor Child was unsupervised during his phone conversation. 3 16. In the preceding days to the filing of this Petition, the Father has been in contact with an ex paramour of the Mother, Mike Rudy, who also is the father of another minor child to Mother. IT According to Mr. Rudy, the Mother frequently leaves the Minor Child unsupervised while she is sleeping, etc. At such times, the Minor Child has gone outside unattended, has jumped a fence, and has played on the top of cars. 18. On or about October 18, 2006, Father believes, and therefore avers, that Mother's most recent paramour, "Josh" has abandoned the Mother and Minor Child and had taken all available assets of the Mother. 19. In the past, Mother has become depressed, nonresponsive and has turned to substance abuse when faced with problems in her personal relationships. 20. The Father believes, and therefore avers, that the Minor Child is frequently left without parental supervision when in the Mother's custody. 21. The Father believes, and therefore avers, that it is in the best interest of his Minor Child not to be in the custody of Mother at the present time. 4 22. On October 19, 2006, the Father traveled from Massachusetts to Pennsylvania and obtained custody of the Minor Child from the Mother, with the Mother's consent, due to his fears for the Minor Child's safety and welfare. 23. The Minor Child is currently in the custody of the Father. 24. The Father has genuine care and concern for his Minor Child. 25. The Father assumes, and deems it necessary, to assume responsibility for the Minor Child as he believes, and therefore avers, that the Minor Child is substantially at risk due to parental abuse, neglect, potential drug and alcohol abuse, and mental illness. 26. The Father believes, and therefore avers, that the best interest and permanent welfare of the Minor Child will best be served by granting emergency relief to the Father because Father has the ability to be a primary caretaker of the Minor Child, provide a stable, safe, and secure environment for the Minor Child and can further provide for the Minor Child's emotional, psychological, physical, and spiritual needs. Furthermore, the Minor Child views Father as a source of stability, love, and emotional support. 5 WHEREFORE, your Petitioner, Eric C. Chandler, hereby respectfully requests that this Honorable Court grant the Petition for Emergency Custody and award Petitioner all such other relief as is just and appropriate. By P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) Date: October 20, 2006 F:\HOME\TLF\CUSTODY\CHA-PETI. WPD 6 2320 North Second Street ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, ERIC C. CHANDLER, verify that the statements made in the foregoing Petition for Emergency Custody are true and correct to the best of my knowledge, information and belief. understand that any false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Eric C. Chandler Date: October 20, 2006 ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Movant OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, : Defendant/Respondent CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that on the 20" day of October, 2006, a true and correct copy of the PETITION FOR SPECIAL RELIEF AND EMERGENCY CUSTODY was served by first-class U.S. Mail, postage prepaid, to: Jeffrey R. Boswell, Esquire Boswell, Tinter, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CUNNINGHAM & CHERNICOFF, P.C. By: _?7j'o?&OS Stacy 4Soll ge r 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 CO m LA 0C T 2 0 ??06 ERIC C. CHANDLER, IN THE COURT OF COMMON PIJEA Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this 20 day of 2006, upon consideration of the Petition Special Relief a al - - - --? - ------0 ----------» --? ..a... ???..?....va vaa a .v . vaaav va 1 ?, ?.rV V V, 1V1 L111111 ?. 1V Q__0_a hearing in this matter will be scheduled for the 3 day of a 2006, at 2 40 'P.m., in Courtroom- of the Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania 1701 i- BY THE J. N Q QN 4 ?J ? `e'er V ? ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 CIVIL TERM KRISTIN J. PODOLSKI, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23rd day of October, 2006, after hearing, the Petition For Special Relief is DENIED. Our prior Order of Court shall remain in full force and effect pending the hearing scheduled in this matter. B' Edward E. Guido, J. /lly M. Knight, Esquire For the Plaintiff/Petitioner ./effrey R. Boswell, Esquire For the Defendant/Respondent srs L 0 :8 MV 9Z 130 9002 e a ERIC C. CHANDLER, Plaintiff/Movant V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-7051 CIVIL ACTION -LAW IN CUSTODY MOTION FOR FINAL CUSTODY ORDER AND NOW, comes the Plaintiff/Movant, Eric C. Chandler, by and through his counsel, Cunningham & Chernicoff, P.C., who respectfully states the following in support of his Motion for Final Custody Order: 1. Movant, Eric C. Chandler (the "Father"), is an adult individual and is the Plaintiff in the above captioned matter, who currently resides at 297 Nahants Road, Apartment D3R, Nahants, Massachusetts, 01908. 2. This matter involves the custody of the minor child, Vincent Michael Chandler formerly known as Vincent Michael Podolski (the "Minor Child"), born on November 10, 2000. 3. By Order of Court, dated December 4, 2003 (the "Order"), the parties reached an Agreement for Custody of the Minor Child. 4. The Order, which merely referred to a verbal agreement between the parties, granted primary physical custody of the Minor Child to the Mother, Kristin J. Podolski (the "Mother"), with partial physical custody of the Minor Child to be exercised by the Father as agreed upon by the parties. 5. The Father had filed a Petition for Modification of Custody with this Court with regard to the Minor Child. 6. After lengthy negotiations and a Petition for Emergency Relief filed by the Father, this matter was scheduled before your Honor on November 13, 2006. 7. By letter dated November 10, 2006, the parties requested a continuance of the Hearing so that both parties could engage in a custody evaluation. 8. On February 15, 2007, the Mother, Kristin J. Podolski, died. A true and correct copy of the obituary of the Mother, is attached hereto as Exhibit "A" and is incorporated herein by reference. 9. Immediately after the death of the Mother, the Father assumed custody of the Minor Child. 10. Since the death of the Mother, the Minor Child has resided with the Father at his residence in Massachusetts. 11. By virtue of this Motion, the Father seeks to have a Final Custody Order issued granting him formal sole legal and physical custody of the Minor Child. 12. Counsel for the Mother, Jeffrey R. Boswell, Esquire, was contacted via phone on June 4, 2007 pertaining to this Motion and has indicated that he has no objection to the filing of this Motion. 2 WHEREFORE, your Plaintiff/Movant, Eric C. Chandler, hereby respectfully requests that this Court enter a Final Order granting sole legal and physical custody of the Minor Child, Vincent Michael Chandler, formerly known as Vincent Michael Podolski, to his Father, Eric C. Chandler and grant him such further relief as is just and proper. P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff/Movant) Date: June 7, 2007 3 2320 North Second Street EXHIBIT °A' Press and Journal Kristin Podolski Kristin J. Podolski, 30, of Camp Hill, entered into eternal rest on Thursday, February 15, at Harrisburg Hospital. She was of the Protestant faith and enjoyed camping and fishing. She is survived by her two children Vincent M. and Julianne V. Podolski, both at home; her mother and stepfather Melinda M. and Frank V. Edwards of Harrisburg; her father George V. Podolski of Florida: brother Vincent, husband of Andrea L. Heath Podolski of Myerstown; stepsister Stephanie, wife of John Noll of Lebanon; her fiancee Joshua Landis of Mechanicsburg; nephew Aldan Podolski; and two nieces Ariana and Isabella Podolski. A Tribute to her life will be held at 8 p.m. Wednesday, February 21 at the Frank E. Matinchek and Daughter Funeral Home and Cremation Services, Inc., 260 E. Main St. Middletown. Burial will be at the convenience of the family. Viewing will be from 6 to 8 p.m. Wednesday at the funeral home. Memorial contributions for the welfare of her children Vincent M. and Julianne V. Podolski, may be sent to and in care of Mrs. Melinda M. Edwards, 1930 State St., Harrisburg, PA 17103. PressAnd]ournal.com Tips/Questions/Comments :: Email: info@pressandjournal.com Call: 717.944.4628 ( Write: 20 South Union Street, Middletown, PA 17057- 1445 of 1 ttp://pressandjournal.com/ObituaryPrint.aspx?id=584 06/04/2007 SS ?y ERIC C. CHANDLER, Plaintiff/Movant V. KRISTIN J. PODOLSKI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7051 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm Cunningham & Chernicoff, P.C., hereby certify that a true and correct copy of the Motion for Final Custody Order was served by first-class U.S. Mail, postage prepaid, to: Jeffrey R. Boswell, Esquire Boswell, Tinter, Piccola and Alford 315 North Front Street P.O. Box 7401 Harrisburg, PA 17108-0741 NNINGHAM & CH1ER,NICOFF, P.C. ?tfieanne Ametrano V20 North Second Street arrisburg, PA 17110 Telephone: (717) 238-6570 Date: June 7, 2007 4 _ L JUN 0 7 2007 fn? ERIC C. CHANDLER, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7051 KRISTIN J. PODOLSKI, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff/Movant's Motion for Final Custody O er, it is hereby ordered and decreed that sole legal and physical custody of the Minor Child, Vincent Michael Chandler, formerly known as Vincent Michael Podolski, shall be enjoyed by Father, Eric C. Chandler. J. ) Y =x.43 1 :l}-l d0