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HomeMy WebLinkAbout04-4896David E. Richmond, Plaintiff ) V. ) Tanya Leach, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY / NO. UY- qF9(- COMPLAINT FOR PARTIAL CUSTODY 1. The plaintiff is David E. Richmond, residing at 203 Potato Road, Carlisle, Pennsylvania, 17013, Cumberland County. 2. The defendant is Tanya Leach, residing at 230 Leeds Road, Newville, Pennsylvania, 17241, Cumberland County. 3. Plaintiff seeks partial custody of the following children: Name Present Residence Age Jordan Ray Leach With Defendant 4 months (DOB 06/03/04) The child was born out of wedlock. The child is presently in the custody of Defendant. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Tanya Leach 230 Leeds Road, Newville, Pennsylvania, 17241 Barbara Leach 230 Leeds Road, Newville, Pennsylvania, 17241 Craig Fisher 230 Leeds Road, Newville, Pennsylvania, 17241 The mother of the child is Tanya Leach, Defendant, currently residing at 230 Leeds Road, Newville, Pennsylvania, 17241, Cumberland County. She is single. The father of the child is David E. Richmond, Plaintiff, currently residing at 203 Potato Road, Carlisle, Pennsylvania, 17013, Cumberland County. He is single. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Sandra Roberts Relationship Mother 5. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Barbara Leach Craig Fisher Relationship Mother Mother's paramour 6. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: It is in the best interest of the child to have a close, loving relationship with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant partial custody of the child. Ste en O. Fugett, sq. Z Law Office of Stephen O. Fugett 8 South Hanover Street Suite 206 Carlisle, PA 17013 Phone: (717) 258-5517 Fax: (717) 258-5519 Pa. Supreme Court Id. No. 85643 ATTORNEY FOR PLAINTIFF I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. § 4904 relating to unworn falsification to authorities. 9,W14 David E. Richmond Plaintiff AFFIDAVIT OF SERVICE I, Stephen O. Fugett, Esquire, Attorney for Plaintiff, hereby attest that I have, this 29'h day of September, 2004, served a true and correct copy of the foregoing Complaint upon the persons below and in the manner indicated: SERVICE BY FIRST-CLASS UNITED STATES MAIL Tanya Leach 230 Leeds Road Newville, PA 17241 David Richmond 203 Potato Road Carlisle, PA 17013 SERVICE BY CERTIFIED MAIL, RETURN-RECEIPT REQUESTED Tpnya;t4ach OR Barbara Leach as legal guardian for Tanya Leach 230 heeds Road Newville, PA 17241 Date: gl,;2i k f #teen. Fugett, Es re ATTORNEY FOR PLAINTIFF /`? ?_? N ? \-? ?1 '" f' ? _!' -r 'fl ??? _(.'T r ?y. _ '4l "1 R ? :,,, ` `?`. ? ? ? w ?. <,? Ua - ?` ;'"1 IN THE COURT OF COMMON PLEAS OF SYLVANIA DAVID E. RICHMOND ; CUMBERLAND COUNTY, PENN PLAINTIFF 04-4896 CIVIL ACTION LAW V. IN CUSTODY TANYA LEACH DEFF,NDANT ORDER OF COURT consideration of the attached Complaint, Tuesday, October 05, 2004 upon Verney Esq._, the conciliator, ANDNOW, ear before Jacalueline at 9;30 AM and their Courthouse,respectiveCarlisle counsel on app October 28, 2004 directed that parties Thursday, is hereby be made to resolve the issues in dispute; o at 4th Floor, Cumberland Coon an effort will l be d to enter into a temporary and for a Pre-Hearing Custody Conference. At such conference, ear at the conference maY if this cannot be accomplished, to define and narrow the issues to be heard by the court, . Failure to appear order. All children age five d' older may also be present at the conference of a temporary or permanent order. protection from Abuse orders, provide grounds for entry and all existing The court hereby directs the parties to furnish any orders to the conciliator 48 hours priior to scheduled hearing. Special Relief orders, and Custody FOR THE COURT. mhc By. Custody Conciliator is required by law t to comply with the office. The Court of C ommon Pleas of Cumberland Counabout ac, , ty oeqsible lease contact Yourou must For in formation nes s before the court, pnd reasonable . Americans with Disabilites Act of 1990. hearing, or business before the court accommodations available to disabled individuals having busi arrangements must be made at least 72 hours Prior to any All YOU DO NOT attend the scheduled conference or hearing- ER TO YOUR ATTORNEY AT ONCE. IF YOU SHOULD TAKE THIS PAP 'I'O OR TELEPHONE'THE OFFICE SET HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 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 LIP" ., ?r .J B 1 :8 VII 5- oo vuz j0 3^fa.???73??a DAVID E. RICHMOND, Plaintiff VS. TANYA LEACH, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004-4896 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please enter my appearance on behalf of the defendant, Tanya Leach, in the above captioned custody action. Respectfully submitted, ANDRE &JOHNSON or P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: Stephen 0.Fugett, Esquire Attorney for Plainitff \J ? ? ) _r- ' 4l n -! 'r} _ ?ti i.' "? ?; _ , r .:. _ 1'n f ?' _,,, ?., C:"'; OCT z s zooa ? DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2004-4896 CIVIL TERM TANYA LEACH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of A /ifve" , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother, Tanya Leach, shall have sole legal custody of Jordan Ray Leach, born June 3, 2004. 2. Mother shall have primary physical of the Child. 3. Father shall be entitled to 2 hours of supervised visitation weekly at the Carlisle YWCA, at times as arranged by the YWCA to accommodate Father's work schedule and availability of transportation for the Child. Father shall be responsible for any fees charged by the YWCA. 4. This Order is entered pursuant to an agreement of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Conciliation Conference. BY T OURT, J. cc$ ?tg hen O. Fuggett, Esquire, Counsel for Father aylor Andrews, Esquire, Counsel for Mother U ? :Z Wd ?- A WOZ L` Vim' v i 7 -,'L 20 DAVID E. RICHMOND, Plaintiff V. TANYA LEACH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-4896 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jordan Ray Leach June 3, 2004 Mother 2. A Conciliation Conference was held in this matter on October 28, 2004 with the following individuals in attendance: Father, David E. Richmond, with his counsel, Stephen O. Fugett, Esquire, and Mother, Tanya Leach, with her counsel, Taylor Andrews, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. M -a 5 -d /4- &"'? Date cq line M. Verney, Esquire Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH, : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, David E. Richmond, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is David E. Richmond, an adult individual currently residing at 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Tanya Leach, residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Ag? Jordan Ray Leach 230 Leeds Road Newville, PA 17241 8 months DOB 6/3/2004 4. The children are presently the subject of an Order for Custody issued November 4, 2004, providing for sole legal custody of the child with mother along with primary physical custody of the child with mother. Father was granted periods of supervised visitation with the child for 2 hours per week at the Carlisle YWCA. A true and correct copy of said order is attached hereto as Exhibit A. 5. Father was sentenced on December 7, 2004 to a period of 11 to 23 months of incarceration at the Cumberland County Prison, and was authorized for work release. 6. Prior to his sentencing, Father did exercise his right to supervised visitation with the child on at least two occasions. 7. Since his sentencing, neither Father nor any of his family members have been permitted any contact with the child. 8. Father believes that the Mother and her family have sought to alienate the child from the love and affection of the Father and Father's family and believe that they will continue to do so. 9. Father is employed through the work release program and pays support for the child through the Domestic Relations Office. 10. Father seeks to have an order providing for supervised visitation with the child to occur on a weeklybasis in the visitation room at the Cumberland County Prison for a period of no less than one hour per week 11. Father proposes that his mother, Sandra Roberts, who is the child's paternal grandmother, pick up the child from Mother, transport the child for the visit with Father, and then transport the child back to Mother. 12. Father avers that permitting some contact between the child and his father are in the child's best interests and would serve to protect the child's well-being. 13. Father believes and therefore avers that it would be in the best interests of the child for the Court to grant periods of supervised visitation to Father to promote a real and meaningful relationship between parent and child. 14. Due to the child's age and the fact that Father would be dressed in street clothes as opposed to prison clothing, the child would not be aware that the visits were occurring in a prison, versus at the YWCA, because the room such visits would take place in would only be occupied by other inmates visiting with their families as well. WHEREFORE, plaintiff, David E. Richmond, prays this Honorable Court enter an Order granting the relief requested herein granting plaintiff periods weelly periods of supervised visitation with transportation to be conducted by the paternal grandmother, and leaving unchanged the remaining provisions of the custody order of November 4, 2004, along with any other relief the Court may deem appropriate. Respectfully submitted, Dated: February , 2005 /o - Na ` olf, Esquire 37 outh I hover Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff ??--. 0 ?- ____ c 6 p -?' a> ? ? . ?, .? .? ? ?_ ? ? ,?? ? ? i!.? ?-) OCT 2 9 2004 DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. .NO. 2004-4896 CIVIL TERM TANYA LEACH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this L day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Mother, Tanya Leach, shall have sole legal custody of Jordan Ray Leach, born June 3, 2004. 2. Mother shall have primary physical of the Child. Father shall be entitled to 2 hours of supervised visitation weekly at the Carlisle YWCA, at times as arranged by the YWCA to accommodate Father's work schedule and availability of transportation for the Child. Father shall be responsible for any fees charged by the YWCA. 4. This Order is entered pursuant to an agreement: of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Conciliation Conference. BY T OURT, J. cc: Stephen O. Fuggett, Esquire, Counsel for Father Taylor Andrews, Esquire, Counsel for Mother r'0 S?iT r ?I?'1? L]1 o f sac c'r pt [ide, Fa. VERIFICATION I, the plaintiff in the above-referenced action, do hereby verifythat the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. February _1' , 2005 David E. Richmond NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH, : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attomeyforPlaintiff, do hereby certify that I have served a copy of the foregoing Petition forModiScation upon the following, by first-class mail, addressed as follows: Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, 37 Date: February, 2005 Street, Suite 201 (70 241-4436 Supreme Court ID # 87380 Attorney for Plaintiff DAVID E. RICHMOND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-4896 CIVIL ACTION LAW TANYA LEACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 02, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 29, 2005 at 8:30 AM - - - - - - - - ---- for a Pre-Heating 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/ Jacqueline M. Vem_ ey?Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 yam' 7 ?o F low 1AryA -x..;N H :R boo Z' ?!d RECEIVED JUN 281005 DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4896 CIVIL TERM TANYA LEACH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28`h day of June, 2005, the Conciliator not being contacted for more than 90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, JA'" acq line M. Verney, Esquire, Cust y Conciliator n Q 1 ij 97 D l , SuU n ltd :i13c;,? ]HI ?O NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW TANYA LEACH, : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, David E. Richmond, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is David E. Richmond, an adult individual currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Tanya Leach, residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Ape Jordan Ray Leach 230 Leeds Road Newville, PA 17241 28 months old DOB 6/3/2004 4. The child is presently the subject of an Order for Custody issued November 4, 2004, providing for sole legal custody of the child with mother along with primary physical custody of the child with mother. 5. Plaintiff was released from the Cumberland County Prison on September 9, 2005, and is presently worlang for Hempt Brothers, Inc. 6. Beginning November, 2005, Plaintiff has had four two -hour supervised visits with the child at the YMCA in Carlisle, Pennsylvania, and had another visit scheduled that did not occur because of circumstances beyond his control. 7. The child has begun bonding with Plaintiff and has referred to him as "Da-Da" during his visits. 8. Plaintiff now seeks an Order providing for unsupervised visitation with the child to occur on a weekly basis. 9. Plaintiff should likewise be entitled to shared legal custody of the child to enable him to have some input into major decisions for the child. 10. Plaintiff believes and therefore avers that it would be in the best interests of the child for the Court to grant periods of unsupervised visitation to Plaintiff to promote a real and meaningful relationship between parent and child. WHEREFORE, Plaintiff, David E. Richmond, prays this Honorable Court enter an Order granting the relief requested herein and granting Plaintiff weekly periods of unsupervised visitation and shared legal custody of the child, along with any other relief the Court may deem appropriate. Dated: December Y , 2005 Respectfully submitted, WOLF & WOlaF Byt-- - Nathatr . Wolf, Esquire 37 South Hanover Street Suites 201-202 Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. December 9 , 2005 ! /emu David E. Richmond NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 2114436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. TANYA LEACH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2004 - 4896 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that l have served a copy of the foregoing Petition for Modification upon the following, by first-class mail, addressed as follows: Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Counsel for Defendant Respectfully submitted, WOLF & WOLF Date: December 7 , 2005 '37 South Hatiove Street Suites 201-202 Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff V% d DAVID E. RICHMOND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COLN FY. PENNSYLVANIA V. 04-4896 CIVIL ACTION LAW TANYA LEACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, __ _ Wednesday, December 14, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 19, 2006 at 8:30 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/ Jacqueline M. Veme zEsq.___ 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 .4T 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 ;? ,. DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH, : NO. 2004-4896 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this l* day of l , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 3 , of the Cumberland County Crt House, on the ,3 d day of , 2006, at •'V0 o'clock, V. M., at which time testimony will betaken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated November 4, 2004 shall remain in full force and effect with the following modification. Mother shall keep Father advised of any serious medical treatment or conditions of the child. 4. Thomas James, MS, a qualified professional, is hereby authorized to conduct a sexual offenders' evaluation of Father. Mr. James is directed to provide a copy of the report to the Court and counsel for the parties. Mr. James shall further recommend treatment of Father if necessary and provide an opinion as to whether Father should have unsupervised contact with the child. The Court authorizes payment to Mr. James for the evaluation. In the event that Mr. James is needed to testify at the hearing, the Court authorizes payment in the amount of $75.00 per hour for a minimum of one hour. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. .I BY COURT, ?s Edward E. Guido, J. cc: Nathan C. Wolf, Esquire, Counsel for Father Taylor P. Andrews, Esquire, Counsel for Mother Thomas James, MS C/O Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 rn uu 2LC? _/./a vG G, Z!'1 ,6 1 I?J 0 1 i ] A 0l ., I DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2004-4896 CIVIL ACTION - LAW TANYA LEACH, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jordan Ray Leach June 3, 2004 Mother 2. A Conciliation Conference was held in this matter on February 2, 2006, with the following individuals in attendance: Father, David E. Richmond, with his counsel, Nathan C. Wolf, Esquire, and Mother, Tanya Leach, with her counsel, Taylor Andrews, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated November 4, 2004 providing for sole legal and primary physical custody in Mother with Father having periods of supervised visitation. 4. Mother's position on custody is as follows: Mother seeks sole legal and primary physical custody of the child, with Father having supervised visitation. She maintains that Father was convicted of statutory sexual assault (18 Pa.C.S.A. §3122.1). In light of his conviction, the court, pursuant to 23 Pa.C.S.A. §5303, is required to determine whether he poses a treat to the child and in making that determination, the Court must appoint a qualified professional to provide counseling to the offending parent and the Court is to hear testimony from the professional counselor before issuing an order of custody. 3. Father's position on custody is as follows: Father has been released from prison. He is currently having supervised visitation at the YWCA. Father seeks periods of partial physical custody. 4. The Conciliator recommends an Order in the form as attached, continuing the prior Order of Court dated November 4, 2004, granting Mother sole legal and physical custody of the child, with Father having supervised visitation and appointing a qualified professional to conduct an evaluation and treatment, if necessary, and testify concerning his evaluation of Father. It is expected that the Hearing will require one half day. ,? -3-0? itt 1, , Date cqu ne M. Verney, Esquire 19 Custody Conciliator ww? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH, : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY TO THE PROTHONOTARY: Kindly mark the petition to modify custody filed by the plaintiff in the above-referenced action withdrawn. WOLF Dated: March 3? , 2006 Nathan olf, Esquire 10 We igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH, : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan Cl Wolf, Esquire, attorney for Plaintiff, do hereby certifythat I have served a copy of the foregoing Praecipe upon the following, by first-class mail, addressed as follows: Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Counsel for Defendant WOLF & By: Nathan , Esquire 10 Vffq-ffigh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff Date: March, 2006 r DAVID E. RICHMOND, Plaintiff vi. TANYA GIBB (formerly TANYA LEACH), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW NO. 2004-4896 CIVIL -TERM IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of December, 2008, by and between DAVID E. RICHMOND (hereinafter referred to as "Father") and TANYA GIBB (hereinafter referred to as "Mother") BY THE TERMS OF THE AGREEMENT THE PARTIES ACKNOWLEDGE: WHEREAS, Father and Mother, parents of JORDAN LEACH (D.O.B. June 3, 2004), the parties have agreed to enter into an amended custody arrangement pertaining to the custody of JORDAN LEACH and agree to hereinafter be legally bound to follow the following custody order: 1. The parties shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: a. Father shall have custody of the child on alternating weekends from Friday at 4:30 p.m. until Sunday at 6:30 p.m. b. On the weekends that Father does not have custody, Father shall have custody of the child from Friday at 4:30 p.m. until Saturday at 6:30 p.m. C. Father shall have custody of the child on other times as the parties may mutually agree. 4. The parties shall share custody of the child on holidays as follows: a. Father shall have custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26 or through the end of Father's regular period of custody if December 26 falls on a weekend even- numbered years. In odd-numbered years, Father shall have custody of the child from 4:30 p.m. on December 24, 2008 until 12:00 noon on Christmas Day. If Christmas falls on Father's weekend during an odd- numbered year, Father shall resume custody of the child at 6:30 p.m. until the end of his regular period of custody. b. Father shall have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2 or through the end of Father's regular period of custody if January 2 falls on a weekend. C. Father shall have custody of the child from 12:00 noon on Easter until 6:30 p.m. in the event that Easter does not fall on Father's regular period of custody. d. Father shall have custody of the child from 12:00 noon on Thanksgiving until the end of Father's regular period of custody for that weekend. e. Father shall have custody of the child from the Friday prior to Memorial Day and Labor Day through Monday at 6:30 p.m. Father shall have custody of the child from 12:00 noon through 6:30 p.m. on Independence Day. If Independence Day falls on a weekend or on a Monday, Father shall have custody of the child from the Friday prior to I e Independence Day through Monday at 6:30 p.m. In no event, shall Father have custody of the child from Friday to Monday on more than two occasions each year. 5. Each party shall be entitled to one (1) week of uninterrupted vacation with the child during the summer period. The party seeking to exercise said week of vacation shall notify the other party in writing no less than sixty (60) days prior to the date the week would commence. 6. Transportation shall be shared such that the receiving party, or the party picking up the child, shall always be responsible for transportation, unless otherwise agreed. 7. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well-being of the child are protected. 8. The parties shall not estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 9. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 10. The parties acknowledge that they each have been advised of their ability to have legal counsel review the foregoing agreement and to seek their legal advice prior to the execution of this document. Father's counsel is Nathan C. Wolf, Esquire and Mother's counsel is Sheri D. Coover, Esquire. 11. In the event of the breach of the agreement, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 12. The parties desire that this agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania and further acknowledge that the Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction over the issue of custody of the parties' minor child. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: David . Richmond ??ftn A. 1)4j? Tanya Gibb COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PENNSYLVANIA SS. On this V day of & e e," , 2008, before the undersigned officer, appeared DAVID E. RICHMOND, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ;./ Nathan C. Wolf, Notary Public (SEAL) Carlisle Boro, Cumberland County My cornmisaion 10, 2012 Notary Pu Member, P"rdylVWM stlon of Noterlea COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF PENNSYLVANIA On this I? day of 2008, before the undersigned officer, appeared TANYA GIBB, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. W04, Notary Public Carlisle 6oro, Cum"s an SICounty April o12 19. My Co mmaslon Ex vania atlon of otarles Member, Pemnsyl cD `A O 0 , DEC 15 zftj?j DAVID E. RICHMOND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. TANYA GIBB (formerly TANYA LEACH), Defendant CIVIL ACTION -LAW NO. 2004-4896 CIVIL -TERM IN CUSTODY ORDER OF COURT NOW, this day of , 2008, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. ?[E CO, ?A J. Di tribution List: NathanC. Wolf, Esquire (attorney for Plaintiff) 10 W. High Street Carlisle, PA 17013 XSheri D. Coover, Esquire (attorney for Defendant) 44 S. Hanover Street Carlisle, PA 17013 12cp Oex fy2'C'7 L L?aL /"-/I le /0 tzl_? "D 'v100 Z Z o9 1?1j 91 330 HOZ } 1,a 30 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. TANYA LEACH (NOW TANYA GIBB), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 4896 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, David E. Richmond, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is David E. Richmond, an adult individual currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Tanya Leach, now known as Tanya Gibb, residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Age Jordan Ray Leach 230 Leeds Road 5 years old Newville, PA 17241 DOB 6/3/2004 4. The child is presently the subject of an Order for Custody issued December 15, 2008, providing for shared legal custody of the child with between the parties along with primary physical custody of the child with mother, and periods of partial physical custody of the child on a weekly basis with Father. (A true and correct copy of the Order and Stipulation are attached hereto as Exhibit A) 5. Plaintiff now seeks an Order providing for primary physical custody or, at the least, shared physical custody of the child to occur on a weekly basis. 6. Father has now had meaningful involvement in the child's life for more than a year, despite the fact that the stipulation was only signed in December of 2008, as the parties had been operating informally under a similar agreement which had gradually expanded Father's periods of custody that began in February of 2008. 7. Father has developed a close relationship with the child and seeks to expand the time that he has with the child so that his relationship may further develop and strengthen. 8. Father's home is located only approximately 1.5 miles from Mother's home and is located along the same school bus route which the child will use to be transported to school each day. 9. Mother is remarried but is employed such that a majority of the time, the child is in the care of Mother's husband. 10. Upon information and belief, some concerns have arisen related to the conditions of the Mother's home including a malfunctioning septic system and a leaking roof in the child's bedroom. 11. Father has had additional concerns over the child's personal hygiene, adequacy of the child's diet, and general developmental issues. 12. Father is aware that Children and Youth Services have investigated and are delivering "in-home" services to Mother's household. 13. Upon receiving a report concerning Father's care of the child, Children and Youth Services investigated Father, inspected his household and determined that no services were necessary, that Father's home was more than adequate for the child, and consequently closed its investigation. 14. Father is seeking the instant relief because he feels that an order granting him primary physical custody, or at least shared physical custody, would serve the child's best interests by giving the child a more stable environment while in Father's care and by permitting the child the maximum opportunity to successfully develop through childhood and into adolescence. 15. Father is bring this petition before the Court's attention at this time because the investigation of Children and Youth Services was only recently completed and though Father was prepared to raise this claim previously, he believed that the pending investigation would merely be used to challenge his claims. 16. Father also seeks the instant relief because Grandmother's claim was scheduled to be heard under the separate docket and the Court would already be engaged in an inquiry as to custody and best interests of the child and Father believes a simultaneous review of the instant petition represents the most efficient use of judicial resources. 17. Father is concerned that without an order granting the instant relief, the child will continue to be subject to an increasing negative environment and will be lacking in sufficient stability in his life to make meaningful progress as he begins school and in his general development. 18. Father's counsel has sought the concurrence of counsel for Mother and Grandmother in having this matter heard by the Court at the same time as Grandmother's claim for partial custody, and both counsels offered concurrence in the simultaneous review of this petition with Grandmother's claim for partial custody. 19. Plaintiff believes that an Order granting relief in the form of primary physical custody to him, or at the least, shared physical custody, would serve the child's best interests of the child and permanent welfare WHEREFORE, Plaintiff, David E. Richmond, prays this Honorable Court enter an Order granting the relief requested herein namely, allowing this matter to be heard at the time and place for the hearing at Docket 2008- 475, granting Plaintiff primary physical custody of the child, or at least shared physical custody of the child, and continuing shared legal custody of the child, along with any other relief the Court may deem appropriate and just. Respectfully submitted, WOLF & WMF Dated: August Z).2009 N Wolf, Esquire 1 st High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. August /*', 2009 David E. Richmond CNJ ' CL- ._ve "CC U Li zc? DAVID E. RICHMOND, Plaintiff V. TANYA GIBB (fonnerly TANYA LEACH), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-4896 CIVIL -TERM IN CUSTODY ORDER OF COURT NOW, this eday of TA" U? , 2008, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. Distribution List: BY THE CO!.,*T: J. i Nathan C. Wolf, Esquire (attorney for Plaintiff) 10 W. High Street Carlisle, PA 17013 Sheri D. Coover, Esquire (attorney for Defendant) 44 S. Hanover Street Carlisle, PA 17013 t1 i t i Ekhlbi+ N DAVID E. RICHMOND, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vi. CIVIL ACTION -LAW TANYA GIBB (formerly TANYA LEACH), NO. 2004-4896 CIVIL -TERM Defendant IN CUSTODY STIPULATION AND AGREEMENT ?` THIS STIPULATION AND AGREEMENT entered into this / day of c, r December, 2008, by and between DAVID E. RICHMOND (hereinafter referred to ascS "Father") and TANYA GIBB (hereinafter referred to as "Mother") BY THE TERMS OF THE AGREEMENT THE PARTIES ACKNOWLEDGE: WHEREAS, Father and Mother, parents of JORDAN LEACH (D.O.B. June 3, 2004), the parties have agreed to enter into an amended custody arrangement pertaining to the custody of JORDAN LEACH and agree to hereinafter be legally bound to follow the following custody order: 1. The parties shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: a. Father shall have custody of the child on alternating weekends from Friday at 4:30 p.m. until Sunday at 6:30 p.m. b. On the weekends that Father does not have custody, Father shall have custody of the child from Friday at 4:30 p.m. until Saturday at 6:30 p.m. C. Father shall have custody of the child on other times as the parties may mutually agree. J 4. The parties shall share custody of the child on holidays as follows: a. Father shall have custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26 or through the end of Father's regular period of custody if December 26 falls on a weekend even- numbered years. In odd-numbered years, Father shall have custody of the child from 4:30 p.m. on December 24, 2008 until 12:00 noon on Christmas Day. If Christmas falls on Father's weekend during an odd- numbered year, Father shall resume custody of the child at 6:30 p.m. until the end of his regular period of custody. b. Father shall have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2 or through the end of Father's regular period of custody if January 2 falls on a weekend. C. Father shall have custody of the child from 12:00 noon on Easter until 6:30 p.m. in the event that Easter does not fall on Father's regular period of custody. d. Father shall have custody of the child from 12:00 noon on Thanksgiving until the end of Father's regular period of custody for that weekend. e. Father shall have custody of the child from the Friday prior to Memorial Day and Labor Day through Monday at 6:30 p.m. Father shall have custody of the child from 12:00 noon through 6:30 p.m. on Independence Day. If Independence Day falls on a weekend or on a Monday, Father shall have custody of the child from the Friday prior to n . Independence Day through Monday at 6:30 p.m. In no event, shall Father have custody of the child from Friday to Monday on more than two occasions each year. 5. Each party shall be entitled to one (1) week of uninterrupted vacation with the child during the summer period. The party seeking to exercise said week of vacation shall notify the other party in writing no less than sixty (60) days prior to the date the week would commence. 6. Transportation shall be shared such that the receiving party, or the party picking up the child, shall always be responsible for transportation, unless otherwise agreed. 7. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well-being of the child are protected. 8. The parties shall not estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 9. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 10. The parties acknowledge that they each have been advised of their ability to have legal counsel review the foregoing agreement and to seek their legal advice prior to the execution of this document. Father's counsel is Nathan C. Wolf, Esquire and Mother's counsel is Sheri D. Coover, Esquire. 11. In the event of the breach of the agreement, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 12. The parties desire that this agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania and further acknowledge that the Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction over the issue of custody of the parties' minor child. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: O &Z-5?_Qz David E.. Richmond Tanya Gibb COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PENNSYLVANIA SS. 1 On this J( day of c, ?? r , 2008, before the undersigned officer, appeared DAVID E. RICHMOND, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and-o is al seal. COMMONWEALTH OF PENNSYLVANIA: COMMONWEALTH OF PENNSYLVANIA Notarial SCI Nathan C. Wolf, Notary Public (SEAL) Carlisle Boro, Cumberland County Notary P bl' My Commission Expires April 19, 2012 ry Member, Pennsylvania Association of Notaries COUNTY OF PENNSYLVANIA SS. On this /-? day of 6'cG?-),(. , 2008, before the undersigned officer, appeared TANYA GIBB, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offidal seal. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 19, 2012 Member, Pennsylvania Association of Notaries .(SEAL) NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TANYA LEACH (NOW TANYA GIBB), : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Modification upon the following, by first-class mail, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Lee E. Osterling, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Barbara Fisher Respectfully submitted, WOLF & WOV, Attorneys at Law Dated: August ?V , 2009 By: Nadfan lf, Esquire 10 igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff OF D-E ? Y 202, 9 fa?v 2G 4` i? 11 1 11 2: p , \1'5"; ,.-l F?,; , ' Pct . cat c v 770. 0o C- i/ e CP k ,_ -? ?1 9sj !?, . AUG 2 0 20094 DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH (NOW TANYA GIBB), : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this o I day of , 2009, upon consideration of the attached petition, and without objection of counsel for the Defendant in this matter, or without objection of the plaintiff in civil action 2008-475, it is hereby directed that the instant petition shall be heard in conjunction with the hearing already scheduled before the undersigned on Docket 2008- 475 on Wednesday, August 26, 2009 at 9:30 a.m. By: tribution: athan C. Wolf, Esquire For David Richmond Sheri D. Coover, Esquire For Tanya Gibb Lee E. Osterling, Esquire For Barbara Fisher l?0 l E.S h'1 ? ? ll~-? P 3 Edward E. Guido, J. DAVID E. RICHMOND, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4896 CIVIL TERM ,/ TANYA GIBB (formerly TANYA LEACH), Defendants CIVIL ACTION - CUSTODY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-475 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2009, both of these matters are consolidated to 2004-4896 Civil Term. No further pleadings shall be filed to 2008-475 Civil Term. Nathan C. Wolf, Esquire Attorney for David E. Richmond Sheri D. Coover, Esquire Attorney for Tanya Gibb Lee Oesterling, Esquire Attorney for Barbara and Greg Fisher srs OF THE "I ! ^ N1`,TAPY 2099 AUG 27 1110: 5 7 I DAVID E. RICHMOND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-4896 CIVIL TERM TANYA GIBB (formerly TANYA LEACH), Defendants CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2009, after hearing, all prior Orders are vacated and replaced with the following: 1. The parties shall have shared legal custody of their child, Jordan Leach, born June 3, 2004. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child as follows: A. During the school year: (i) Alternating weekends from Friday after school until Monday at the beginning of school. (ii) Alternating weekends from Friday after school until Saturday at 2:30 p.m., at which time he shall deliver the child to the Maternal Grandmother, Barbara Fisher, for her periods of visitation. B. During the summer: (i) Every other weekend from Friday at 4:30 p.m. until Sunday at 6:30 p.m. (ii) Every other weekend from Friday at 4:30 p.m. until Saturday at 6:30 p.m. C. Such other times as the parties agree. 4. Maternal Grandmother, Barbara Fisher, shall be FILED .vi VL OF THE P,,r, i?:6qgJTARY 2009 AUG 27 AN !0:09 CUB, ?; " !I N Y i=lliP4 jT t,1 f entitled to visitation with the child as follows: A. During the school year on alternating weekends from Saturday at 2:30 p.m. until Sunday at 9:00 a.m. B. During the summer as follows: (i) On alternating Tuesdays from 10:00 a.m. until Wednesday at 5:00 p.m. commencing the Tuesday after school adjourns. (ii) On the off Tuesdays from 10:00 a.m. until 5:00 p.m. C. Such other times as the parties agree. 5. Mother and Father shall share custody of the child on holidays according to the following schedule, which shall supersede the provisions of Paragraphs 3 and 4 above: A. Father shall have custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26 or through the end of Father's regular period of custody if December 26 falls on a weekend even-numbered years. In odd- numbered years, Father shall have custody of the child from 4:30 p.m. on December 24 until 12:00 noon on Christmas Day. If Christmas falls on Father's weekend during an odd-numbered year, Father shall resume custody of the child at 6:30 p.m. until the end of his regular period of custody. B. Father shall have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2 or through the end of Father's regular period of custody if January 2 falls on a weekend. C. Father shall have custody of the child from 12:00 noon on Easter until 6:30 p.m. in the event that Easter does not fall on Father's regular period of custody. D. Father shall have custody of the child from 12:00 noon on Thanksgiving until the end of Father's regular period of custody for that weekend. E. Father shall have custody of the child from the Friday prior to Memorial Day and Labor Day through Monday at 6:30 p.m. Father shall have custody of the child from 12:00 noon through 6:30 p.m. on Independence Day. If Independence Day falls on a weekend or on a Monday, Father shall have custody of the child from the Friday prior to Independence Day through Monday at 6:30 p.m. In no event, shall Father have custody of the child from Friday to Monday on more than two occasions each year. 6. Mother and Father shall each be entitled to one week of uninterrupted vacation with the child during the summer. The party seeking to execute said week of vacation shall notify the other party and the Maternal Grandmother in writing at least 60 days prior to the date the week would commence. 7. Except as provided above, transportation shall be shared such that the receiving party or the party picking up the child shall be responsible for transportation unless otherwise agreed. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well-being of the child are protected. 9. The parties shall not estrange the child from either party or hinder the natural development of the child's love or affection for the other party, the Court, E. Guido, J. HL.BL.:..d OF THE R' 204AUG 27 [,?l 10: 5 7 CtsP1f, ;QTY Nathan C. Wolf, Esquire Attorney for David E. Richmond Sheri D. Coover, Esquire Attorney for Tanya Gibb Lee Oesterling, Esquire Attorney for Barbara and Greg Fisher 4-fzl; 4r-? 8•.7? Dg' srs NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 97380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. TANYA LEACH (NOW TANYA GIBB), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 4896 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, David E. Richmond, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The plaintiff is David E. Richmond, an adult individual currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Tanya Leach, now known as Tanya Gibb, residing at 99 Baughman Road, Newville, Cumberland County, Pennsylvania 17241. 3. The maternal grandmother, Barbara Fisher, an adult individual residing 230 Leeds Road, Newville, Cumberland County, Pennsylvania, 17241, is a party to this matter who has court ordered visitation with the child. 4. The plaintiff and defendant are the natural parents of one minor child, namely: Name Present Primary Residence Age Jordan Ray Leach 99 Baughman Road 5 years old Newville, PA 17241 DOB 6/3/2004 5. The child is presently the subject of an Order for Custody issued August 26, 2009 following a hearing, providing for shared legal custody of the child with between the parties along with primary physical custody of the child with mother, and periods of partial physical custody of the child on a weekly basis with Father, and periods of visitation with Grandmother on an alternating week basis during the school year and each week during the summer. (A true and correct copy of the Order is attached hereto as Exhibit A) 6. Plaintiff now seeks an Order providing for primary physical custody based upon circumstances which have occurred since the hearing. 7. Mother is remarried but is employed such that a majority of the time, the child is in the care of Mother's husband. 8. Mother testified during the hearing that a 19 year old woman named Lindsay who was living with Mother and her husband for months prior to the August 2009 hearing had moved out of Mother's house on the day of the hearing. 9. Mother testified that Lindsay had not paid rent to Mother and her husband and stated that Mother had kicked Lindsay out of her house because she was not contributing to the household. 10. Upon information and belief, Mother perjured herself when she testified that she forced Lindsay to move out of her house. 11. Rather Father believes that Lindsay continues to reside in Mother's household and has been present at the house each time Father has returned the child to Mother's custody since the hearing. 12. Moreover, Father has observed Mother's husband travelling or present with Lindsay more than would be expected if Lindsay was no longer living in Mother's home. 13. Mother also testified that she was willing to work with Father and cooperate in regards to issues surrounding the child's welfare. 14. Mother testified that the child is well-cared for and that she is involved in the child's routine care. 15. On or about September 14, 2009, the school bus carrying the child arrived at Mother's house to drop the child off. 16. When no one appeared to be present at the house to receive the child, the school bus driver blew the horn in front of the house for approximately 10 minutes with no response. 17. The child returned to the school on the bus, where the school contacted Father by phone, informed him of the situation and asked that he retrieve the child, which he did immediately. 18. Father ultimately returned the child to Mother later in the evening after hearing the excuse that Mother was home but fell asleep and did not hear the bus or Father's horn. 19. Sometime during the week of October 5, 2009, the child was injured by a dog in Mother's household when the child was bitten in the face. Mother failed to obtained medical care for the child, and failed to notify Father of the injury. 20. Father had not seen the child after 9:00 a.m. Sunday, October 4, 2009 until the afternoon of Friday, October 9, 2009. The child was with Father only briefly on the morning of Sunday October 4 to facilitate the return of custody from Grandmother to Mother. Father did not observe any injury to the child at that time, and because the injury was located on the child's face, it clearly would have been easily observed if it had already occurred. 21. Father did observe the injury immediately upon seeing the child when he exited the school bus on Friday at 4:00 p.m. Upon information and belief, Father submits that the child's school reported the injury to the Department of Health on October 8, 2009 shortly after faculty or staff noticed the injury. 22. Thereafter, upon information and belief, Father submits that Mother was contacted by the Department of Health and informed the staff at the Department that the child was bitten by Father's dog. 23. On or about October 13, 2009, Father received a letter from Pennsylvania Department of Health Center in Carlisle, the indicates that a report was received alleging that a dog belonging to Father either bit or scratched the child the week beginning October 5, 2009. A true and correct copy of said correspondence is attached hereto as Exhibit B. 24. Father communicated with the school and the Department and explained the circumstances such that each now understands that the child was in Mother's household and was bitten by her dog, not by Father's dog. 25. In fact, the child revealed to the school nurse, in Father's presence that Jake, a dog belonging to Mother, had bitten him in the face. 26. Father attempted to communicate with Mother concerning the dog-bite incident, as directed by the Department of Health and was told by Mother's husband, who was home on Tuesday evening with Lindsay present, that Mother was inside but that Father was not allowed to speak with her. 27. Father, in a calm and respectful fashion, attempted to walk to the door to knock with hopes of speaking to Mother, when Mother's husband stood in Father's path and attempted to instigate Father into a physical confrontation by informing Father he would have to go through Mother's husband to get to knock on the door. 28. Rather than engaging in violence or any physical confrontation, Father left Mother's residence without having any means of communicating with her, as Mother does not have a telephone in her home and has not provided with a cellular phone number, if she has one. 29. Father attempted to contact Mother on or about October 14, 2009 at her place of employment. 30. Father was calm, respectful and in no way created an inappropriate scene at Mother's place of employment. This marked the first time Father had spoken with Mother directly since September 14, 2009, when no one was present at Mother's house at the end of the school day for the child to get off of the school bus. 31. Father asked Mother about the allegations about the dog-biting incident and tried to talk to Mother about the difficulties Father continues to have with Mother's husband, and Mother became irate and threatened Father that if he returned to her place of employment and created "another scene" she would contact the Pennsylvania State Police and have Father charged with harassment. 32. Father was asked by Mother's counsel, on cross-examination, whether he had attempted to communicate with Mother through her place of employment concerning custody issues, and he replied in the negative indicating a fear that Mother would allege Father was harassing her in her workplace. 33. Upon information and belief, Father submits that the child is not being appropriately cared for in Mother's household, that there is a significant risk of harm as seen in the dog-bite incident, and that Mother has no intention of cooperating with Father in the parenting of the child. 34. Father has observed the child being inappropriately dressed for cold weather, despite providing a coat for the child, he is not returned to Father wearing his coat and frequently does not wear appropriately-sized shoes, when returning from Mother's custody. 35. The Court specifically directed the parties, from the bench at the time of the hearing, to work together to cooperate in the parenting of the child. 36. Father has used all available means to comply with the Court's directive, but brings the instant petition for fear that the child's best interests are at risk while he remains in Mother's primary custody. 37. It is believed and therefore averted that maternal grandmother would concur in the relief requested in the instant petition. 38. Father is seeking the instant relief because he feels that an order granting him primary physical custody would serve the child's best interests by giving the child a more stable environment while in Father's care and by permitting the child the maximum opportunity to successfully develop through childhood and into adolescence. 39. Father is concerned that without an order granting the instant relief, the child will continue to be subject to an increasing negative environment and will be lacking in sufficient stability in his life to make meaningful progress as he begins school and in his general development. 40. Father believes that an Order granting relief in the form of primary physical custody to him, would serve the child's best interests and permanent welfare of the child. WHEREFORE, Plaintiff, David E. Richmond, prays this Honorable Court enter an Order granting the relief requested herein namely modifying its Order of August 26, 2009, and grant Plaintiff primary physical custody of the child, continue shared legal custody of the child between the parties, continue partial physical custody of the child with Mother and visitation with Grandmother, along with any other relief the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: October -1? , 2009 By: Nath olf, Esquire 10 a igh Street Ca sle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. October 2009 David E. Richmond DAVID E. RICHMOND, Plaintiff V. TANYA GIBB (former!,- TAB?YA LEACH), Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4896 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2009, after hearing, all prior Orders are vacated and replaced with the following: 1. The parties shall have shared legal custody of their child, Jordan Leach, born June 3, 2004. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child as follows: A. During the school year: (i) Alternating weekends from Friday after school until Monday at the beginning of school. (ii) Alternating weekends from Friday after school until Saturday at 2:30 p.m., at which time he shall deliver the child to the Maternal Grandmother, Barbara Fisher, for her periods of visitation. B. During the summer: (i) Every other weekend from Friday at 4:30 p.m. until Sunday at 6:30 p.m. (ii) Every other weekend from Friday at 4:30 p.m. until Saturday at 6:30 p.m. C. Such other times as the parties agree. 4. Maternal Grandmother, Barbara Fisher, shall be e-?hl b ,'+ %1\', entitled to visitation with the child as follows: A. During the school year on alternating weekends from Saturday at 2:30 p.m. until Sunday at 9:00 a.m. B. During the summer as follows: (i) On alternating Tuesdays from 10:00 a.m. until Wednesday at 5:00 p.m. commencing the Tuesday after school adjourns. (ii) On the off Tuesdays from 10:00 a.m. until 5:00 p.m. C. Such other times as the parties agree. 5. Mother and Father shall share custody of the child on holidays according to the following schedule, which shall supersede the provisions of Paragraphs 3 and 4 above: A. Father shall have custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26 or through the end of Father's regular period of custody if December 26 falls on a weekend even-numbered years. In odd- numbered years, Father shall have custody of the child from 4:30 p.m. on December 24 until 12:00 noon on Christmas Day. If Christmas falls on Father's weekend during an odd-numbered year, Father shall resume custody of the child at 6:30 p.m. until the end of his regular period of custody. B. Father shall have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2 or through the end of Father's regular period of custody if January 2 falls on a weekend. C. Father shall have custody of the child from 12:00 noon on Easter until 6:30 p.m. in the event that Easter does not fall on Father's regular period of custody. D. Father shall have custody of the child from 12:00 noon on Thanksgiving until the end of Father's regular period of custody for that weekend. E. Father shall have custody of the child from the Friday prior to Memorial Day and Labor Day through Monday at 6:30 p.m. Father shall have custody of the child from 12:00 noon through 6:30 p.m. on Independence Day. If Independence Day falls on a weekend or on a Monday, Father shall have custody of the child from the Friday prior to Independence Day through Monday at 6:30 p.m. In no event, shall Father have custody of the child from Friday to Monday on more than two occasions each year. 6. Mother and Father shall each be entitled to one week of uninterrupted vacation with the child during the summer. The party seeking to execute said week of vacation shall notify the other party and the Maternal Grandmother in writing at least 60 days prior to the date the week would commence. 7. Except as provided above, transportation shall be shared such that the receiving party or the party picking up the child shall be responsible for transportation unless otherwise agreed. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well-being of the child are protected. 9. The parties shall not estrange the child from either party or hinder the natural development of the child's love or affection for the other party. FRU E COPY F- ?? ?,,v HE:G RU the Court,) 7essfiaf3Cfny IIVh(:9'troi, I s+£m, L'flt$ Stet fYiy hand rha seal of said Court at Carftle; Par . ,t - day Oki-11--1 u ?. , 1?c?z Edward E. Guido J . '' ?v':tRfsn ei4l/?a.7F Nathan C. Wolf, Esquire Attorney for David E. Richmond Sheri D. Coover, Esquire Attorney for Tanya Gibb Lee Oesterling, Esquire Attorney for Barbara and Greg Fisher srs DEPATMENT OF HEALT]i Phone: (717) 243-5151 { Fax: (717) 243-3171 Dear Mr. Richmond, 5 k L /,"71 i'SSZ-j /y, ,'. •,?ydt:y( -- 3 .3 cZ +^ fix, l p ?Qr 1-/ ?l ?1 ?-? i 1 ? (1 ?7 ?J5 ! t% " `?' October 9, 2009 Y ? - ? ?' ? cl? if . w• l A report received by the State Health Center indicates that a_dog beloi either bit or scratched Jordan Leach the week beginning October 5,_2009. DO NOT DESTROY THE ANIMAL ------' Although we understand that this is a family pet, it is important that you confine the animal for ten (10) days to be sure it did not have rabies virus in its saliva at the time of the bite. If the animal shows any signs of illness, change in it usual behavior, or dies, contact your veterinarian and the State Health Center immediately at (717) 243-5151. Further, please call the State Health Center at the end of the ten (10) day quarantine period to report final status of the animal. It is imperative that you cooperate with Tonya Cribb to verify the identity of the biting animal, its state of health initially and at five (5) and ten (10) days following the bite, and that the animal is being quarantined in your home. Failure to cooperate in any manner with these provisions could result in apprehension of your animal and State quarantine at your expense. We have enclosed a copy of a pamphlet describing the "Rabies Law". This is important to your animal's health, as well as your own. Pennsylvania Law requires rabies vaccination of dogs and cats. If this letter arrived more than ten (10) days after the date of the bite, and you are aware that the biting animal died during that period, please call your State Health Center at the telephone number listed above, as soon as possible, and share that information with them. Please call that same number if you have any other questions. Sincerely, Enclosure Robert Walter, Supervisor Cumberland County State Health Center 431 E. North Street Carlisle, PA 17013 PLEASE CALL OUR OFFICE WHEN YOU RECEIVE THIS LETTER. Hours are Monday - Friday 8:00am - 4:30pm. Telephone number is 243-5151. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. TANYA LEACH (NOW TANYA GIBB), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 4896 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Modification upon the following, by first-class mail, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Lee E. Osterling, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Barbara Fisher Respectfully submitted, WOLF & W%F, Attorneys at Law Dated: October / 2009 By: Nathan .olf, Esquire 10 We igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff 2CD9 CCT 1 16 F -? ?3 DAVID E. RICHMOND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA LEACH DEFENDANT 2004-4896 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 16, 2009 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ae ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RM-UTICE OF T?t R Tom( 2009 OCT 27 PM 124- 35 .4", WUNTY cu'18 L) P ?4,N,SY ,.VANA r4 r NOV -17 2009 a DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4896 CIVIL ACTION - LAW TANYA LEACH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / F Z*Aday of p y LL, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Co rt House, on the ? day of L/A.,yu.A6L?OLQ, at ; o'clock, . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 26, 2009 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Z B C RT, Edward E. Guido, J. cc: ?han C. Wolf, Esquire, counsel for Father Sheri Coover, Esquire, counsel for Mother 01 DAVID E. RICHMOND, Plaintiff V. TANYA LEACH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4896 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jordan Ray Leach June 3, 2004 Mother 2. A Conciliation Conference was held November 16, 2009 with the following individuals in attendance: The Father, David E. Richmond, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Tanya Leach, with her counsel, Sheri Coover, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated August 26, 2009 providing for shared legal custody, Mother having primary physical custody and Father having every weekend, Friday to Monday and Friday to Saturday. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother failed to get the child off of the school bus one day and the bus driver returned the child to school and called Father to pick the child up. Also, that the child was bitten by Mother's boyfriend's dog, but when questioned by school officials, reported that the child was bitten by Father's dog. Lastly, Father reports that Mother no longer has a telephone and that the trailer in which she is living has code violations. Father believes Mother intends to relocate soon. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She denies the dog bite incident, and explains that she was asleep when the bus arrived at the home. She does admit that she recently lost her job and is looking for alternate housing. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. Date Ala line M. Verney, Esquire Custody Conciliator ALEU-OFFICE OF THE RK1HONDTARY 2009 NOV 20 APB 9= 55 `..UUNTY FR, N,,!SYR..V;V?` A NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87390 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, Plaintiff V. TANYA LEACH (NOW TANYA GIBB), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 4896 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the plaintiff, David E. Richmond, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for special relief, representing as follows: 1. The plaintiff is David E. Richmond, an adult individual currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Tanya Leach, now known as Tanya Gibb, formerly residing at 99 Baughman Road, Newville, Cumberland County, Pennsylvania 17241 and temporarily residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 3. The maternal grandmother, Barbara Fisher, an adult individual residing 230 Leeds Road, Newville, Cumberland County, Pennsylvania, 17241, is a party to this matter who has court ordered visitation with the child. 4. The plaintiff and defendant are the natural parents of one minor child, namely: Name Former Primary Residence Age Jordan Ray Leach 99 Baughman Road 5 years old Newville, PA 17241 DOB 6/3/2004 5. The child is presently the subject of an Order for Custody issued August 26, 2009 following a hearing, providing for shared legal custody of the child with between the parties along with primary physical custody of the child with mother, and periods of partial physical custody of the child on a weekly basis with Father, and periods of visitation with Grandmother on an alternating week basis during the school year and each week during the summer. (A true and correct copy of the Order is attached hereto as Exhibit A) 6. On or about October 16, 2009, Father filed a petition to modify custody seeking primary physical custody as a result of problems which occurred following the entry of the Court's August 26, 2009 Order. 7. On November 16, 2009, the parties attended a conciliation conference at which time they were unable to reach an agreement and the matter was listed for trial. 8. A hearing is scheduled to occur on January 7, 2009 before the Honorable Edward E. Guido. 9. Circumstances have dramatically changed since the conciliation conference necessitating the filing of the instant petition for emergency relief. 10. At the time of the conciliation conference, Mother informed Father, through counsel, that she was no longer employed and therefore Father had no way of communicating with Mother by telephone or in person, without coming to Mother's home, which had been the site of numerous incidents instigated by Mother's husband unsuccessfully attempting to incite Father to violence. 11. Mother's counsel also indicated that Mother might be moving from her residence but no details were available at that time. 12. Father recently learned from Mother that Mother and her husband were forced to leave their home either due to an eviction or condemnation of the mobile home in which they lived. 13. Father believes that Mother, for the past week, has been moving from house to house until this point and has no fixed address. 14. On or about November 30, 2009, Maternal Grandmother's husband contacted Father and informed him that Mother and the child were now staying with Maternal Grandmother, but it was unclear how long Mother would stay. 15. While Father believes that Mother and the child are safe in maternal grandmother's home, Father has no assurance that Mother will stay there and Mother is under no Order to remain in maternal grandmother's house. 16. Father now seeks a temporary Order providing for primary physical custody based upon these circumstances. 17. Father lives on the same school bus route where Mother had lived and therefore the child's schooling and transportation to and from school can remain unchanged if Father is granted primary physical custody. 18. Father's home is stable and appropriate for the child; Father has enjoyed partial custody in his home since February 2008 without any concerns having been raised by any party or agency. 19. Father's employment is stable and he has been with the same employer since 2003. 20. It is believed that Mother is still unemployed, is now without a permanent address, and has separated from her husband who provided supervision, albeit lacking, for the child while Mother was working in the past. 21. It is also believed that Mother and her husband have sold or destroyed items belonging to the child rather than moving them or to raise money to pay for household expenses. 22. Father attended parent teacher conferences on November 23, 2009 and received a report from the child's teacher that the child is having significant problems behaviorally and is not making the type of academic progress which the school and Father think he is capable of achieving. 23. Father is concerned as the weather becomes colder that Mother will not have an appropriate place to exercise custody of the child. 24. Father requests that the Court issue an temporary Order granting Father the periods of of primary physical custody granted to Mother in the Court's Order of August 26, 2009, and that Mother be granted Father's periods of partial physical custody set out in the August 26, 2009 Order, on the condition that Mother exercise her periods of custody in maternal grandmother's residence, or that she be limited to periods of visitation for 6 hours per weekend day on days when she would have otherwise exercised partial physical custody of the child. 25. The undersigned sought concurrence from Mother through counsel in the instant petition but had received no response as of the time of the filing of the petition. 26. It is believed and therefore averred that maternal grandmother would concur in the relief requested in the instant petition. 27. Father is seeking the instant relief because he feels that an order granting him temporary primary physical custody would serve the child's best interests by ensuring stability for the child while in Father's care pending a full hearing in this matter and to minimize the potential risks to the child and his welfare until Mother obtains suitable housing. 28. Father is concerned that without an order granting the instant relief, the child will be at risk for moving from home to home the child will continue to be subject to an increasing negative environment and will be lacking in sufficient stability in his life to make meaningful progress as he begins school and in his general development. 29. Father believes that an Order granting temporary relief in the form of primary physical custody to him, would serve the child's best interests and permanent welfare of the child. WHEREFORE, Plaintiff, David E. Richmond, prays this Honorable Court enter an Order granting the relief requested herein namely modifying its Order of August 26, 2009, and temporarily granting Plaintiff primary physical custody of the child, continue shared legal custody of the child between the parties, continue partial physical custody of the child with Mother on the condition that Mother exercise her periods of physical custody at Maternal Grandmother's home and visitation with Grandmother, or that Mother be limited to 6 hours of visitation per weekend day when she would have enjoyed partial custody of the child pending further Order of Court, along with any other relief the Court may deem appropriate and just. Respectfully WOLF & W, Dated: November 3), 2009 By: Natha . WA, Esquire 10 W st ' h Street Carli. PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 1, November 2009 P,4 David E. Richmond DAVID E. RICHMOND, Plaintif=f V. TANYA GIBE (f ormerly TP.NYA LEACH) , Defendants NO. 2004-4896 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2009, after hearing, all prior Orders are vacated and replaced with the following: 1. The parties shall have shared legal custody of their child, Jordan Leach, born June 3, 2004. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child as follows: A. During the school year: (i) Alternating weekends from Friday after school until Monday at the beginning of school. (ii) Alternating weekends from Friday after school until Saturday at 2:30 p.m., at which time he shall deliver the child to the Maternal Grandmother, Barbara Fisher, for her periods of visitation. B. During the summer: (i) Every other weekend from Friday at 4:30 p.m. until Sunday at 6:30 p.m. (ii) Every other weekend from Friday at 4:30 p.m. until Saturday at 6:30 p.m. C. Such other times as the parties agree. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4. Maternal Grandmother, Barbara Fisher, shall be !ELXO tG ? i Ake entitled to visitation with the child as follows: A. During the school year on alternating weekends from Saturday at 2:30 p.m. until Sunday at 9:00 a.m. B. During the summer as follows: (i) on alternating Tuesdays from 10:00 a.m. until Wednesday at 5:00 p.m. commencing the Tuesday after school adjourns. (ii) on the off Tuesdays from 10:00 a.m. until 5:00 p.m. C. Such other times as the parties agree. 5. Mother and Father shall share custody of the child on holidays according to the following schedule, which shall supersede the provisions of Paragraphs 3 and 4 above: A. Father shall have custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26 or through the end cf Father's regular period of custody if December 26 falls on a weekend even-numbered years. In odd- numbered years, Father shall have custody of the child from 4:30 p.m. on December 24 until 12:00 noon on Christmas Day. If Christmas falls on Father's weekend during an odd-numbered year, Father shall resume custody of the child at 6:30 p.m. until the end of his regular period of custody. B. Father shall have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2 or through the end of Father's regular period of custody if January 2 falls on a weekend. C. Father shall have custody of the child from 12:00 noon on Easter until 6:30 p.m. in the event that Easter does not fall on Father's regular period of custody. D. Father shall have custody of the child from 12:00 noon on Thanksgiving until the end of Father's regular period of custody for that weekend. E. Father shall have custody of the child from the Friday prior to Memorial Day and Labor Day through Monday at 6:30 p.m. Father shall have custody of the child from 12:00 noon through 6:30 p.m. on Independence Day. If Independence Day falls on a weekend or on a Monday, Father shall have custody of the child from the Friday prior to Independence Day through Monday at 6:30 p.m. In no event, shall Father have custody of the child from Friday to Monday on more than two occasions each year. 6. Mother and Father shall each be entitled to one week of uninterrupted vacation with the child during the summer. The party seeking to execute said week of vacation shall notify the other party and the Maternal Grandmother in writing at least 60 days prior to the date the week would commence. 7. Except as provided above, transportation shall be shared such that the receiving party or the party picking up the child shall be responsible for transportation unless otherwise agreed. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well-being of the child are protected. 9. The parties shall not estrange the child from either party or hinder the natural development of the child's love or affection for the other party-., rRU E COPS a ? 1 ;I-AEGOSU "y the Court,) Test4nony whertoll, 4 ix re unto set my han# ;U ii l(^i W? VI Jul{ t/WY A. w4 Car iSler t rat , r ?..? ?Lfay ?/ r:._ C.?„????zt?c.?. Edward E. Guido, J. ` •?i'C? l'+N'e'k Y?sF-lRr.?l ?Y'.1F ... Nathan C. Wolf, Esquire Attorney for David E. Richmond Sheri D. Coover, Esquire Attorney for Tanya Gibb Lee Oesterling, Esquire Attorney for Barbara and Greg Fisher srs NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH (NOW TANYA GIBB), : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Special Reliefupon the following, by first-class mail, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Lee E. Osterling, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Barbara Fisher Respectfully ltted, WOLF "O )d, Attorneys at Law Dated: November Jv, 2009 Na n C. olf, Esquire 10 W igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff i 2009 i'.lG 0 li + 3i: 70- OD P d a#y tk?t d63?, 3 NOV 3 0 2009 DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TANYA LEACH (NOW TANYA GIBB), : NO. 2004 - 4896 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of N-e ; 2009, upon consideration of the foregoing petition for special relief, D: hild 4. ody. ise a Woad, 8 (44 T Fl,, + +l. + A f„ther is not residing wjth Rarharo F' s of 6 o nave otherwise exercise l -uuzitudy of c beginning at ioiO a.m. an ending at 4: p.m. for oo9 ? r goo ? A 3. c,?` '-?•?? ?''''? ' ?` BY TH Edward E. Guido, J. stribution: Sherri L. Coover, Esquire For Tanya Gibb ?athan C. Wolf, Esquire For David Richmond ee Osterling, Esquire For Barbara Fisher 1es M-.Ltl?cu 'T 7H 2009 DEC -2 Pik 1: 2 j: N, .; - " Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Defendant DAVID E. RICHMOND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vi. TANYA LEACH, (NOW TANYA GIBB) Defendant No.2004-4896 CIVIL ACTION : IN CUSTODY JOINT PETITION FOR COURT ORDER AND NOW comes Defendant Tanya Gibb, by and through her attorney, Sheri D. Coover, Esquire and files the following PETITION FOR COURT ORDER and in support thereof avers as follows: 1. A hearing is currently scheduled before the Honorable Judge Guido for December 11, 2009 at 4:00 p.m. to address issues that were raised by the Plaintiff's Petition for Special Relief which was filed with this Court. 2. The Plaintiff and Defendant have reached an agreement which is hereby attached which resolve the issues raised in the Plaintiffs Petition for Special Relief. 3. The Plaintiff and Defendant request that this Court enter the following stipulation as an Order of Court. 4. The agreement between the parties in no way infringes upon the partial custody rights of Defendant Barbara Fisher. WHEREFORE, the parties request that this Court enter an Order directing that the attached stipulation be made a temporary Order effective this date and to remain in effect until the time of the custody hearing scheduled for January 7, 2010 at 1:00 p.m. and that the emergency hearing currently scheduled for December 11, 2009 at 4:00 be hereby cancelled. Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Defendant DAVID E. RICHMOND, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA vii. TANYA LEACH, (NOW TANYA GIBB) Defendant : No.2004-4896 CIVIL ACTION : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this I e day of December, 2009, I caused the foregoing JOINT PETITION FOR COURT ORDER to be served upon the following counsel via United States First class mail addressed as follows: Nathan Wolf, Esquire Wolf & Wolf 10 W. High Street Carlisle, PA 17013 Lee Oesterling, Esquire 155 South Hanover Street Carlisle, PA 17013 submitted, S ri D. Coover, Esquire &ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 DAVID E. RICHMOND, Plaintiff V. TANYA LEACH, (NOW TANYA GIBB) Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2004-4896 CIVIL ACTION : IN CUSTODY CUSTODY STIPULATION/ORDER AND NOW, this day of ?) Q,V&OW , 2009, it is hereby stipulated and agreed between the parties as follows: 1. David E. Richmond (hereinafter referred to as "Father") and Tanya Gibb (hereinafter referred to as "Mother) are the parents of Jordan Ray Leach (DOB6/3/2004). 2. Legal custody of the child as defined by 23 Pa.C.S.A. § 5301 et.seq. shall be shared by Father and Mother. Major decisions concerning the child, including but not limited to the child's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. Primary physical custody of the child shall be with Father subject to the following periods of partial physical custody with Mother: a. Mother shall have custody of the child on alternating weekends beginning with the weekend of December 11, 2009 from Friday after school until Saturday at 12:00 noon. b. Mother shall have custody of the child on alternating weekends beginning with the weekend of December 18, 2009 from Friday after school until Sunday at noon. C. For the Christmas holiday, Mother shall have custody of the child from December 25, 2009 at noon until December 26, 2009 at noon. d. For the New Years holiday, Mother shall have custody of the child from January 1, 2010 at noon until January 3, 2010 at noon. e. For the child's Christmas break, Mother shall have custody of the child from December 27, 2009 at 9:30 p.m. until December 28, 2009 at 7:00 p.m. 5. The above-mentioned custody schedule shall not interfere, in any way, with the periods of custody granted to maternal grandmother Barbara Fisher's in the Court's Order for Custody issued August 26, 2009. 6. Mother agrees that she shall exercise her periods of partial physical custody at the home of Denise McDonnel at 318 North West Street, Carlisle, Cumberland County, Pennsylvania, unless Mother provides reasonable advance notice to Father that her periods of custody will be exercised elsewhere and provides Father with the address where she and the child are staying. 7. During Mother's periods of custody, the child shall not be left in the care of any other adult overnight, and Mother shall contact Father if she is unavailable to care for the child overnight, and Father shall have the right to care for the child during the period of Mother's unavailability. 8. Mother agrees to provide all transportation for the child to effectuate the above-mentioned visitation schedule. 9. Mother and Father shall have liberal and reasonable telephone contact with the child while the child is in the custody of the other parent and each parent shall provide the other with a telephone number to permit contact with the child. 10. The custodial parent shall provide to the non-custodial parent any and all information regarding the child's educational progress, religious training, mental health, physical health, welfare and social events. 11. It is understood and agreed that the proceeding agreement is a temporary order and only to be effective through the time of the custody hearing currently scheduled before the Honorable Judge Guido on January 7, 2010 at 1:00 p.m. in Courtroom #3 of the Cumberland County Courthouse. 12. It is understood and requested that the Court will be cancelling the hearing scheduled for Friday, December 11, 2009 at 4:00 p.m. 13. The parties are free to modify the terms of this Order by agreement, but such modification shall be effective only in the event that both parties completely consent to the modification. Both parties should give the other party at least 24 hours of their request to modify the terms of this custody order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: 'tness v Witness ya Gibb David Richmond {YRICE OF THE PROTHCONOTARY 2009:QEC 10 Phi 4: 08 DEC 1 12009 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Defendant DAVID E. RICHMOND, Plaintiff V. TANYA LEACH, (NOW TANYA GIBB) Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2004-4896 CIVIL ACTION : IN CUSTODY ORDER AND NOW, this Iq day of 2009, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as a temporary Order effective this date and in currently scheduled for January 7, 2010 at j 00 p.m.. time of the custody hearing J. Distribution List: ./ Nathan Wolf, Esquire (Attorney for Plaintiff) Wolf & Wolf, 10 West High Street, Carlisle, PA 17013 Sheri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 ee Oesterling, Esquire (Attorney for Barbara Fisher) 155 South Hanover Street, Carlisle, PA 17013 12TILS L(E?L IaltG/07 3 Affi --J OF THE t -Y!T?-?t,N,!0TARY R? 2004 DEC 15 AN 8-- 32 CUMI ;I i}tViY PENNS4LVAINIA Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Defendant Tanya Gibb DAVID E. RICHMOND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW Case No. 2004-4896 V. TANYA GIBB Defendant : IN CUSTODY AMENDED MOTION TO WITHDRAW ATTORNEY APPEARANCE AND NOW, comes Attorney Sheri Coover and files the following MOTION TO WITHDRAW AS COUNSEL and in support thereof avers as follows: I . Undersigned counsel entered her appearance on behalf of the Defendant Tanya Gibb in the above-mentioned captioned matter and has represented the Defendant in a hearing before this Court and two conciliation conferences as well as a number of Motions before this Court. 2. A hearing on Defendant David Richmond's Petition to Modify Custody is scheduled to be heard before the Honorable Judge Guido on January 7, 2010. 3. Irreconcilable differences have arisen that have caused Attorney Coover to be unable to continue to represent Defendant Tanya Gibb. 4. Upon information and belief, Attorney Coover believes that Tanya Gibb is being dishonest with her concerning pertinent aspects of her life which are relevant to the custody proceedings before this Court and expects for Attorney Coover to offer these alleged dishonest facts to the Court in the pending custody proceedings, which is a violation of ethical obligations that Attorney Coover has with the Court. 5. Tanya Gibb often speaks to Attorney Coover in a rude manner and engages in actions which show an utter disrespect for Attorney Coover. 6. On December 16, 2009, Tanya Gibb became rude and belligerent during attorney/client privileged conversations regarding the custody case. When Attorney Coover attempted to speak to her about this attitude, Tanya Gibb cursed at Attorney Coover and called her a "bitch." 7. Tanya Gibb has expressed that she is unsatisfied and displeased with Attorney Coover's representation. 8. Attorney Coover has made several attempts to salvage the attorney/client relationship, but the current attitude between the parties is so contemptuous that Attorney Coover is not able to salvage a meaningful attorney/client relationship in which Attorney Coover can properly represent Tanya Gibb in the upcoming custody proceedings. 9. Tanya Gibb is in breach of the fee agreement that she has with Attorney Coover and is in considerable arrears of attorney fees. On two separate occasions, Attorney Coover has attempted to make alternate payment arrangements for payment of the attorney fees, but Ms. Gibb has breached the alternate agreement each time. 10. There is a pending hearing pertaining to the custody of Ms. Gibb's minor child which will need considerable attention and preparation for Ms. Gibb to be properly represented in the proceeding and Attorney Coover does not feel that under the circumstances she can work with Tanya Gibb to provide her proper representation at this hearing and expects that she will need to devote considerable preparation time for the hearing for which she will not be compensated. 11. Attorney Coover has been advised by others that Defendant Tanya Gibb has reported that she has fired Attorney Coover because she is dissatisfied with her work. 12. Attorney Coover has sought concurrence of Nathan Wolf, Esquire and Lee Oesterling, Esquire, counsel for the other parties in this matter. Attorney Wolf has indicated that he does not oppose the foregoing Motion as long as it does not interfere with the custody proceedings currently scheduled to be heard before this Court on January 7, 2010. Attorney Oesterling has not returned undersigned counsel's call, but it is assumed that he does not have a position in this matter as his client is not a party to the proceedings scheduled for January 7, 2010. 1.3. A previous Motion was incorrectly filed under docket number 2008-475. This filing is for all procedural purposes identical, but done to file the Motion on the proper docket. 14. The Honorable Judge Guido has previously presided over this case. WHEREFORE, undersigned counsel hereby requests that this Court grant her Motion to Withdraw as Counsel. submitted, SVfi U. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. RICHMOND, CIVIL ACTION AT LAW Plaintiffs Case No. 2004-4896 V. TANYA GIBB IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 22nd day of December, 2009, I caused the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Nathan Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Lee Oesterling, Esquire 42 E. Main Street P.O. Box 331 Mechanicsburg, PA 17055 submitted, S D.-Coover, Esquire orneyID 93285 44 S. Hanover Street Carlisle, PA 17013 2 009.0 LC 23 A I : 3 ; G?1t 7y 3 Sheri D. Coover, Esquire DEC 2 8 2009(, Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Defendant Tanya Gibb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. RICHMOND, : CIVIL ACTION AT LAW Plaintiffs : Case No. 2004-4896 V. TANYA GIBB IN CUSTODY Defendant ORDER OW 4A ? AND N ,this `T daURAW 2(? upon consideration of the MOTION TO WIAS CO SEL, it is hereby Ordered that the Motion is ?eem?°fer?Heu?e? I' Date: /??u ?w 7.) J. Distribution List: Lee Oesterling, Esquire, Attorney for Barbara Fisher 4422 E. Main Street, P.O. Box 331, Mechanicsburg, PA 17055 .,Sheri D. Coover, Esquire, Attorney for Defendant Tanya Gibb 44 S. Hanover Street, Carlisle, PA 17013 than Wolf, Esquire, Attorney for Defendant David Richmond Wolf & Wolf, 10 W. High Street, Carlisle, PA 17013 co C es ll 1/t. /to ?.' - " ) DAVID E. RICHMOND, Plaintiff V. TANYA GIBB (formerly TANYA LEACH), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4896 CIVIL TERM . CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 7th day of January, 2010, Sheri D. Coover, Esquire, is granted permission to withdraw her appearance. By the Court, ?- ?9??p Edward E. Guido, J. v/ Xuathan C. Wolf, Esquire Attorney for Plaintiff Sheri D. Coover, Esquire Attorney for Defendant e Oesterling, Esquire Attorney for Maternal Grandmother s. Tanya Gibb c/o Barbara and Gregory Fisher 230 Leeds Road Newville, PA 17241 srs cop [ 'E'S7 rlla' I C7 o C=, r -gym rn c? cn DAVID E. RICHMOND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-4896 CIVIL TERM TANYA GIBB (formerly TANYA LEACH), Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 7th day of January, 2010, after hearing, our Order of August 26, 2009, is ratified and affirmed and shall remain in full force and effect. Provided, however, that if Mother vacates the Fisher household without having a valid lease on another premises, our Order of December 14, 2009, shall supersede our Order of August 26, 2009, until such time as another hearing can be held. By the Court, Edward E. Guido, J. ? Nathan C. Wolf, Esquire Attorney for Plaintiff ?/ Sheri D. Coover, Esquire Attorney for Defendant Zee Oesterling, Esquire Attorney for Maternal Grandmother / s. Tanya Gibb c/o Barbara and Gregory Fisher 230 Leeds Road Newville, PA 17241 srs CC> cis SILL C - ? C7 N C ?m 6J i