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HomeMy WebLinkAbout05-1276TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r11P NO. 05- I)COVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW rile NO. 05- )CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tabitha M. McCartney, who currently resides at 1020 Centerville Rd, Newville, Cumberland County, Pennsylvania, 17241, duration of time. 2. Defendant is Martin V.B. McCartney, IV, who currently resides at 1020 Centerville Rd Newville, Cumberland County, Pennsylvania, 17241, duration of time. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 30, 1999, in Dillsburg, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. By: Attorney for Plaintiff 50 E. High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: ' ?C ?1 00 j/4 bitha M. McCartney, Plaintiff, t J ? CJ C hJ _._ G3 TABITHA M. MCCARTNEY, : IN THE COURT OF COMMON PLS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARTIN V.B. MCCARTNEY, IV, Defendant CIVIL ACTION - LAW NO. 05- 1276 CIVIL TERM IN DIVORCE ACCEPTANCE, OF SERVICE: I hereby accept service of' the Complain(in Divorce on beliall of my client, the Martin V.13. McCartncy, IV, in the above-captioned action. By: i 37 PA 17013 t9 c.n T S , ( _ . i? - t1 ? ?:? c'? .,_: ?N .i.! ?? ?, .-p ?.1„r? r3' ?? U ? -L NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87360 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAWI NO. 2005 -1276 CIVIL TERM IN DIVORCE COMPLAINT FOR CUSTODY NOW comes the defendant, by his attorney, Nathan C. Wolf, Esquire, and files this complaint for custody, representing as follows: 1. The plaintiff is Tabitha M. McCartney, an adult individual residing at 15 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Martin V.B. McCartneyIV, an adult individual residing at 1020 Centerville Road, Penn Township, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one minor child namely, Martin V.B. McCartney, V (born August 25, 2000, age 5). 4. The child resided with both of the parties from the birth of the child until the parties' separation on January 29, 2005, and said residences have been within this Court's jurisdiction. The child has primarily resided with the defendant since the parties' separation. 5. Mother and Father are the natural parents of the child. 6. The patties are separated and are in the pendency of a divorce action before this Honorable Court. 7. Father has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Father has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 9. Father 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested herein because Mother left the marital residence voluntarily and has initiated divorce proceedings leaving the child in the care of Father. Father has since allowed Mother periods of visitation and partial physical custody by agreement of the parties and Father encourages the development a strong and meaningful relationship between the child and both parties. 11. Father is concerned that Mother may attempt to disrupt the status quo and seeks an Order issued by this Court to confirm primary custody of the child with him and to establish a schedule of visitation and partial physical custody with Mother. 12. Mother has, on previous occasions, indicated that she will take the child from Father and not return him to Father's custody. 13. Father believes that without an order confirming shared legal and primary physical custody of the child with him, that Mother will continue to threaten to take action to disrupt the status quo, and Father believes that such actions would be detrimental to the child's. best interests and permanent welfare. 14. Father maintains a stable household and environment within which to continue to care for the child. WHEREFORE, for the reasons set forth herein, Defendant, Martin V.B. McCartney, IV, respectfully requests that this Honorable Court enter an order confixrrring shared legal custody in the parties, granting primary physical custody of the child to Defendant Father and establishing a schedule for partial physical custody of the child with the plaintiff Mother, along; with granting any other relief the Court deems appropriate. Respectfully submitted, July 2005 NAT C. , ESQUIRE Atto efendant 37 South Hanover Street, Suite 201 Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D.. No. 87380 VERIFICATION I do hereby verify that I am the defendant in the foregoing action and that the facts set forth in this complaint 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. Section 4904, relating to unworn falsification to authorities. July, 2005 Z9 Martin V.B. McCartne NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT TABITHA M. McCARTNEY, Plaintiff v. MARTIN V.B. McCARTNEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2005 -1276 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVI(M I, Nathan C Wolf, Esquire, attorney for defendant, do hereby certify that this date, I have served a copy of the foregoing Complaint for Custody upon the following person, by United States Mail, addressed as follows: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (Counsel of record for Plaintiff) Respectfully submitted, Na C , Esquire 37 over Street, Suite 201 Carlisle, PA 17013 (717) 241-4436 Supreme Coup ID # 87380 Attorney for Defendant Date: July 2005 (?E) c? ? n TABITHA M. MCCARTNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1276 CIVIL ACTION LAW MARTIN V.B. MCCARTNEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 22, 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, August 30, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac 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 AW 7eV Sa s? 1 ss : i I Id Sz "Tir HE ??'1 C J L'': a -D-ll -10 RECEIVED SEP 0 62005 r TABITHA M. MCCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1276 CIVIL TERM MARTIN V. B. MCCARTNEY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _71\ day of S 2005, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The Father, Martin V. B. McCartney, and the Mother, Tabitha M. McCartney shall have shared legal custody of Martin V. B. McCartney, born August25, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody as agreed by the parties. 4. This Order is entered pursuant to an agreement of the parties 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. BY THE C,01JRT, i? J. cgitvathan C. Wolf, Esquire, Counsel for Father ,?Tabitha M. McCartney, pro se 15 East Main Street Newville, PA 17241 q.0 0 TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1276 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY 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 Martin V. B. McCartney, V, August 25, 2000 Father 2. A Conciliation Conference was held in this matter on September 6, 2005, with the following individuals in attendance: Father's counsel, Nathan C. Wolf, Esquire. Mother did not appear although she received notice of the conference. 3. Father requested an Order in the form as attached. Date acq me M. Verney, Esquire Custody Conciliator fy; K.? t? L? erg t.y TA$ITHA M. McCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1276 CIVIL ACTION - LAW MARTIN V. B. McCARTNEY, IV,: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliation Report, i ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. A , of the Cumberland County Court House, on the 30 day of , 2006, at (:36 o'clock, P . M., at which time testimony will e taken. For purposes of this Hearing, the Mother 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 September 7, 2005 shall remain in full force and effect with the following modifications: 3. During the School Year: A. Father shall have primary physical custody of the child during the school year. B. Mother shall have periods of partial physical custody on Alternating weekends from Friday to Sunday at times agreed by the parties. C. Mother shall have physical custody on alternating Wednesday evenings, at times agreed by the parties on the Wednesday after her weekend custody period. 4. During the Summer: The parents shall share physical custody on a week on/week off basis with the exchange day being Fridays at times agreed by the parties. Mother shall begin the week on/week off schedule on June 16, 2006, however to accommodate Mother's summer vacation, she shall have physical custody of the child from June 27, 2006 at 9:00 a.m. to July 7, 2006 at times agreed by the parties. Thereafter the week on/week off schedule will continue. 5. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from December 24 at 12:00 noon to December 25 at 12:00 noon. Block B shall be from December 25 at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both at times as agreed by the parties. C. The following holidays shall be alternated from year to year: Memorial Day, July 0, Labor Day, Thanksgiving and Easter. Father shall have Memorial Day 2006. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may partake in alcohol to the point of intoxication or illegal drugs while the child is in their physical custody. 8. In the event that either party takes the child from the jurisdiction on vacation or other temporary trip, they shall provide the non-custodial parent with a telephone number and address where the child may be reached. 9. Neither party shall do or say anything, nor permit a third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: _ E. Rominger, Esquire, counsel for Mother than Wolf, Esquire, counsel for Father Edgar B. Bayley, i >-- N ) LZ , ` N ii t!J - is © ?+ c v 0 ti? TABITHA M. McCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MARTIN V.B. McCARTNEY : NO. 2005 -1276 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW, this t 6 day of June, 2006, the Custody Hearing, which was scheduled for Monday, July 3, 2006, at 1:30 p.m., has been rescheduled to Thursday, July 27, 2006, at 1:30 p.m., in Courtroom 2. Distribution: Nathan C. Wolf, Esquire Karl E. Rominger, Esquire ?'? < 9E .s tIv 91 i(li Bona 3Hi ?a _A TABITHA M. MCCARTNEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARTIN V.B. MCCARTNEY, IV, : NO. 05-1276 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on March 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: G?a4foG ?/L ? 0C- Martin V.B. McC ey,IV ??r ? y? ? ?'_ ", ?'.? ? r.n a,!,i -?7 - ^? - ..1 _ C I' 1.,`. \,?. ?: ?' l 77 _ r.: A TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 05-1276 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) or 3301 (d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. n Date: G?aG/?( dYi /`' of Martin V.B. MO! artney, IV C ? -n r ... i5- ea TABITHA M. MCCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW MARTIN V.B. MCCARTNEY, IV, : NO. 05-1276 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on March 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?? ? ??? Tabitha McCartney M1] U - - ? _ . ^i " °i i= ,?;, GJ _ r _. I_c'. tC? - fJ - f. ,. y, TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1276 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) or 3301 (d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 96ax? `- Tabitha M. McCa TABITHA M. MCCARTNEY, Plaintiff V. MARTIN V.B. MCCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1276 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) & (d) of the Divorce Code. 2. Date and manner of service of the complaint: March 13, 2005, by hand delivery, Acceptance of Service signed by Nathan Wolf, Esquire. 3. Date of execution of the affidavit of consent required by Section 3301(c) & (d) of the Divorce Code: by the Plaintiff on June 26, 2006; by Defendant on June 26, 2006. 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice in §3301(c) & (d) Divorce was filed with the Prothonotary: June 28, 2006. 6. Date Defendant's Waiver in §P301 (c) & (cV CAT6(ce was filed with the Prothonotary: June 28, 2006. LAW Date: 612,1106 By:_ Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 ORR F7 :r* ;C: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TABITHA M. MCCARTNEY, l Plaintiff VERSUS MARTIN V.B. MCCARTNEY, IV, Defendant No. 1276 DECREE IN DIVORCE of 2005 r-- AND NOW, 1 IT IS ORDERED AND DECREED THAT TABITHA M. MCCARTNEY , PLAINTIFF, AND MARTIN V.B. MCCARTNEY, IV DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENT€RED; i BY THeCOURT: ATTEST: v ROTHONOTARY ,J,r7410, ,:7 ooor?? ?42? 7,?:52 ".,,?,? .? -Y2rJ °JOfL TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1276 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of July, 2006, this matter having been called for a hearing this date, and upon the agreement of the parties, the following order is entered: 1. The hearing is rescheduled for 8:45 a.m., Wednesday, October 4, 2006. 2. Pending that hearing and further order of court, the mother and father shall have alternate week periods of physical custody with Martin McCartney, V, born August 25, 2000. 3. The mother shall not allow any cursing around Martin. 4. This order is without prejudice to/the position of both parties on the merits. By ar vffarl E. Rominger, Esquire For Plaintiff than C. Wolf, Esquire For Defendant J Sheriff prs ,D 0`V W -? ? _. i=? Ci r_ ?:?.i =,,;r ?- '_i ' i" c- ?.?1 <?3 TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO.: 2005-1276 CIVIL TERM IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Tabitha M. McCartney, by and through her privately retained counsel, Karl E. Rominger, Esquire, and in support of this Motion avers as follows: 1. The above-captioned case is scheduled for Custody Trial on October 4, 2006. 2. Plaintiffs counsel is attached to argument court at the Superior Court in Pittsburgh on this day, said Order is attached as Exhibit "A". 3. Opposing counsel was contacted and is opposed to this continuance request. WHEREFORE, the Plaintiff respectfully requests that the above-captioned case be continued. Respectfully submitted, Rominger & Whare Date: September 26, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA .,r Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Prothonotary Eleanor R. Valecko Deputy Prothonotary Karl Ernst Rominger, Esq. Rominger & Whare 155 S Hanover St Western District August 30, 2006 Carlisle, PA 17013 RE: Comm. v. Arnsparger, Fred No.: 211 WDA 2006 Dear Attorney Rominger: Lov, U r-47 4 ? v. 310 Grant Street. Suite 600 Pittsburgh. PA 15219-2297 412-565-7592 www.superior.cou rt.state.pa.us This is to advise that the above-captioned appeal has been.aisted for argument as stated below: Panel: 31 Daily List Number: 7 Location: 801 City County Building, Pittsburgh Date: 10/4/2008 Time: 9:30 am In the event the Court finds it necessary to change this listing, we will give as much advance notice as possible. We regret that requests for scheduling changes cannot be entertained. Court convenes at the time shown above. All counsel are requested to be present at that time. If you or your client(s) have requirements under The Americans With Disabilities Act, please contact this office so that the appropriate arrangements can be made. Your acknowledged receipt of this letter is requested by signing the enclosed copy and promptly returning the same to us. Please note that if you have an e-mail address on the docket, the Court's decision in this appeal will be sent to you by e-mail only. Very truly yours, Eleanor R. Valecko Deputy Prothonotary C?? )v "? 3 _? kk.R It TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO.: 2005-1276 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion For Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Whare Date: September 26, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff rra ? 17 t --? .?.? psw K: TABITHA M. MCCARTNEY, PLAINTIFF V. MARTIN V.B. MCCARTNEY, IV, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-1276 CIVIL TERM ORDER OF COURT 72-73 day of September, 2006, counsel for plaintiff being ordered to appear to argue a case before the Superior Court of Pennsylvania in Pittsburgh on October 4, 2006, the hearing scheduled that date, IS CANCELLED. The hearing is reset for Thursday, October 5, 2006, at 1:30 p.m., in Courtroom Number 5, before Judge M.L. Ebert. arl E. Rominger, Esquire For Plaintiff athan C. Wolf, Esquire For Defendant Judge Ebert Court Administrator sal By the Court,'-- Edgar B. Bay fey, J. i 0 0 c?+ TABITHA M. MCCARTNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARTIN V. B. MCCARTNEY, IV, DEFENDANT NO. 05-1276 CIVIL ORDER OF COURT AND NOW, this 51h day of October, 2006, after hearing, IT IS HEREBY ORDERED AND DIRECTED that Tabitha M. McCartney and Martin V. B. McCartney, IV, shall have shared legal custody of the child Martin V. B. McCartney, V, born August 25, 2000. IT IS FURTHER ORDERED AND DIRECTED that physical custody of the child shall be shared on an alternate week basis. Transfer of custody of the child each week shall take place as agreed to by the parties. By the Court, Noil- M. L. Ebert, Jr., J. ./arl Rominger, Esquire For Plaintiff athan C. Wolf, Esquire For Defendant y bas fig ?`d ? ? "'VI 1?.1 '_ o :!, I IJ4 j.00 9,30Z t LYNN A. JOHNSON, Plaintiff V. DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC., Defendants CRETE CARRIER CORPORATION, Plaintiff V. ; DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-2275 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Damon Becknel, served Interrogatories and Request for Production of Documents addressed to Plaintiff, Crete Carrier Corporation, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 5* day of October, 2006. MARSHALL, DENNEHEY, WARNER, COLEMAN &-F.,QGGIN DATE: /()?5; - 0 (Z? BY: DCKALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Damon Becknel CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Sl day of October, 2006, I served a true and correct copy of the Notice of Serving Discovery via U.S. first-class mail, postage pre-paid, as follows: Douglas B. Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 1.69 11 . ? 1?1 0 1 .'10 1AInk '_QAL SUSAN M. WILLIAMS ?? z`> .:? .? C_ ?} ..7 .f 'ft1'C'V ? "t ?') 1 G"` . -,' ; > .` .{ ' ? ? .? r-j ? .... s NATHAN C. %'OLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TABITHA? M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 -1276 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF NOW comes the defendant, by his attorney, Nathan C. Wolf, Esquire, and files this petition for special relief, representing as follows: 1. The plaintiff is Tabitha M. McCartney, an adult individual residing at 15 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Martin V.B. McCartney IV, an adult individual residing at 1020 Centerville Road, Penn Township, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one minor child namely, Martin V.B. McCartney, V (born August 25, 2000, age 5). 4. The parties are subject to this Court's custody Orders dated May 26, 2006, July 27, 2006 and October 5, 2006. (Copies of said orders are attached hereto as Exhibits A and B and C respectively) 5. At the hearing on October 5, 2006, the Court orally indicated that it would provide Mother with the opportunity to prove that she had moved beyond her substance abuse issues and illegal behaviors. 6. In so doing, the Court granted her petition to modify and ordered that custody of the child would be shared on a weekly basis. 7. However, the Court orally instructed the parties that if Mother was to have substance abuse issues or new criminal charges, that Father should petition the Court to restore primary custody with Father. 8. Upon information and belief, on or about December 13, 2006, Mother was stopped by Middlesex Police Department and was subsequently charged with two counts of driving under the influence and a charge of possession of a small amount of marijuana and possession of drug paraphernalia. 9. Mother's blood alcohol content was reportedly 0.096%. 10. Mother's passenger, one Caliph White, was likewise charged by the Middlesex Police with a charge of possession of a small amount of marijuana and possession of drug paraphernalia. 11. Mother is scheduled for a preliminary hearing on these charges on February 28, 2007 before Magisterial District Judge Susan K. Day: 12. Father learned of the charges through a newspaper article in the Carlisle Sentinel which was published on December 15, 2006 but which he did not see until approximately December 18, 2006. 13. Father believes and therefore avers that Mother's actions are indicative of his concerns presented at trial on October 5, 2006, namely that Mother's behaviors present a significant risk to her welfare and thus, put the best interests of the child at risk as well. 14. The best interest and permanent welfare of the child will be served by granting the relief requested herein because Mother continues to demonstrate that she is unable to adequately care for herself, and as such, should not have shared custody of the child. Father requests that the Court issue an Order granting Father primary physical custody of the child and shared legal custody. Father seeks an Order granting Mother alternating weekends with the child from Friday afternoon until Monday morning and shared holidays. WHEREFORE, for the reasons set forth herein, Defendant, Martin V.B. McCartney, IV, respectfully requests that this Honorable Court enter an order confirming shared legal custody in the parties, granting primary physical custody of the child to Defendant Father and establishing a schedule for partial physical custody of the child with the Plaintiff Mother, along with granting any other relief the Court deems appropriate. WOLF §vWOXJ?, Attorneys at Law l? January 2007 BY: LF, ESQUIRE G NAT H!KN Atto7e,, r D endant 10 WStreet Carli ennsylvania 17013 (717 -4436 Supreme Court I.D. No. 87380 VERIFICATION I, the undersigned, do hereby verify that I am counsel the defendant in the foregoing action and that the facts set forth in this petition are true and correct to the best of the knowledge, information and belief relayed to me by my client. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. January. _3 , 2007 Ex1.? 6.+ Q TABI'THA M. McCARTNEY, Plaintiff V. RECEIVED MAY 3 0 2006 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1276 CIVIL ACTION - LAW MARTIN V. B. McCARTNEY, IV,: Defendant : IN CUSTODY ORDER OF COURT at AND NOW, this ,- ;o _ day of 2006, upon consideration of the attached Custody Conciliati 'n Re ort, it is ordered and directed as follows: opm No. , of the Cumberland r?R A_ 1. A Hearinis scheduled in COLT Country Court House, on-the rj day of 2006, at ,. j o'clock, M., at which time testimony will be tal 9,&. For purposes of this FIearing, the klother shall be deemed to be the roving party aid shall proceed initially with testin-ilony. 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 clays prior to the HCUI-1110 d<<te. 2. Pending further Order Of Court or agreement of the parties, the prior Order of Court dated September 7, 2005 shall remain in full force and effect with the following modii1cat] oils: ?. During the School Year: A. Father shall have primary physical custody of the child during the school year. P. Mother shall have periods of partial physical CLlstody on alternatil-12 weekends from Friday to Sunday at times agreed by the parties. C. Mother shall have physical custody on alternating Wednesday evenings, at times agreed by the parties on the Wednesday after her weekend custody period. d. DL1171112 the Summer: The parents shall share physical custody on a week 011/ week off basis with the exchange clay being Fridays at times agreed by the parties. Mother shall begin the week on/week off schedule on June 16, 2006, however to accommodate Mother's summer vacation, she shall have physical custody of the child from June 27, 2006 at 9:00 a.m. to July 7, 2006 at times agreed by the parties. Thereafter the week on/%veek off schedule will continue. 0 5. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from December 24 at 12:00 noon to December 25 at 12:00 noon.. Block B shall be from December 25 at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on F'ather's Day, both at times as agreed by the parties. C. The following holidays shall be alternated from year to year: Memorial Day, July 0', Labor Day, Thanksgiving and Easter. Father shall have Memorial Day 2006. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may partake in alcohol to the point of intoxication or illegal drugs while the child is in their physical custody. S. In the event that either party takes the child from the jurisdiction on vacation or other, temporary trip, they shall provide the non-custodial parent with a telephone number and address where the child may be reached. 9. Neither party shall do or say anything, nor permit a third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. The parties may modify this Order by mutual. agreement. In the absence of Mntual consent, the terms of this Order shall control. BY THE COURT, Edgar B. B? ley, fop cc: Karl E. Romin?(,er, Esquire, counsel for Mother Nathan Wolf, Esquire, counsel for Father 71941 O b OR ?,,.1 ! ;arc, tinti # my rid 6 ECEDVEDOCR bi f (8 TABI!THA M. MCCARTNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARTIN V. P. IUICCARTNEY, IV, : DEFENDANT : NO. 05-12761 CIVIL ORDER OF COURT AND NOW, this 5'h day of October, 2006, after hearing, IT IS HEREBY ORDERED SAND DIRECTED that Tabitha M. McCartney and Martin V. B. McCartney, IV, shall have shared legal custody of the child Martin V. B. McCartney, V, born August 25, 2000. IT IS FURTHER ORDERED AND DIRECTED that physical custody of the child shall be shared on an alternate week basis. Transfer of custody of the child each week shall take place as agreed to by the parties. By the Court, ti '( M. L. Ebert, Jr., J. Karl Rominger, Esquire For Plaintiff Nathan C. Wolf, Esquire For Defendant bas C)4 r • °k 6ibbi?l( Evcki b:f O TAEITHA Ma McCAR.TNEY, Plaintiff V. IN THE COURT OF COMMON PLEAS -F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - Li MARTIN V.B. McCARTNEY, i,`1, Defendant NO. 05-1276 CIVIL TERM ORDER OF COURT I AND NOW, this 27th day of July, 2006, this mater having been called for a hearing this date, and upon the agreement of the parties, the follow ng order is entered: The hearing is rescheduled for 8:45 a .Jj ?. Wednesday, October 4, 2006. 2. Pending that hearing and further order of court, the mother and father shall have alternate week periods of physical custody with. Martin McCartney, V, born August 25, 2000, 3. The mother shall not allow any cursing around Martin. 4. This order is without prejudice to he position of both parties on the merits. By th't? Cour , Edgar B. Baylty, J./ Karl E. Rominger, Esquire For Plaintiff Nathan C. Wolf, Esquire For Defendant Sheriff prs ?1l 7^. '/ Vi l i °0 cf"t3 un%c) s•--r r-y hand are v- sai Cou at ar( ?;, P Thi a? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY Defendant I, Nathan C. Wolf, Esquire, attorney for defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following person, by United : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 -1276 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE States Mail, addressed as follows: January J , 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel of record for Plaintiff) BY: Respectfully submitted, WOLF & WOLF. Attornevs at Law NXIIIAiggrh C. , ESQUIRE Attorney r Defendant 10 West Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 t.J t. _ ? 1; :1 J J V C-N ,x TABITHA M. MCCARTNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVNAIA V. MARTIN V. B. MCCARTNEY, IV DEFENDANT NO. 2005-1276 CIVIL ORDER OF COURT AND NOW, this 22nd day of January, 2007, upon consideration of the Petition for Special Relief filed by the Counsel for Defendant, and upon receipt of a letter from Counsel for Defendant wishing to withdraw the Petition for Special Relief IT IS HEREBY ORDERED AND DIRECTED that the hearing that was scheduled for Tuesday, January 23, 2007 at 10:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania is cancelled and the Petition for Special Relief is WITHDRAWN. By the Court, M. L. Ebert, Jr., J. Karl E. Rominger, Esquire Attorney for Plaintiff -y r - a a - 0 7 Nathan C. Wolf, Esquire Attorney for Defendant IIJ4 bas SC :6 H N NU LODZ ? FILM-4-*;z-°,r,c fF 7,_ .J ia'Y 2010 FEB 23 Pfi 2: 0 i CUO f .., 1 TABITHA M. McCARTNEY, Plaintiff V. MARTIN V.B. McCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2005-1276 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Tabitha M. McCartney, who resides at 36 Big Spring Terrace, Newville, Pennsylvania 17241. 2. Respondent is Martin V.B. McCartney, IV, who resides at 1020 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. On October 5, 2006, the Honorable M.L. Ebert, Jr. entered the following an Order of Court, attached hereto as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Father has no job, spent over one (1) year in prison, and is not a fit principle care giver. b. Mother has a drivers license, father does not and cannot arrange reliable transportation. 5. The best interest of the child will be served by the Court in modifying said Order. ??3? X133 WHEREFORE, petitioner prays this Court to grant the modification of the existing Custody Order to grant Petitioner primary physical custody of the child. Respectfully submitted, ROMINGER & ASSOCIATES Date: February 23, 2010 Kaz . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Tabitha M. McCartney VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authorities. Tabitha M. McCartney, Plainti v TABITHA M. McCARTNEY, Plaintiff v. MARTIN V.B. McCARTNEY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2005-1276 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this date served a copy of the within Petition to Modem Custody upon the following by depositing the same in the United States Mail, postage pre- paid, first class, addressed as follows: Nathan C. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 Respectfully submitted, ROMINGER & ASSOCIATES Date: February 23, 2010 Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Tabitha M. McCartney TABITHA M. MCCARTNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARTIN V. B. MCCARTNEY, IV, DEFENDANT NO. 05-1276 CIVIL ORDER OF COURT AND NOW, this a day of October, 2006, after hearing, IT IS HEREBY ORDERED AND DIRECTED that Tabitha M. McCartney and Martin V. B. McCartney, IV, shall have shared legal custody of the child Martin V. B. McCartney, V, bom August 25, 2000. IT IS FURTHER ORDERED AND DIRECTED that physical custody of the child shall be shared on an alternate week basis. Transfer of custody of the child each week shall take place as agreed to by the parties. By the Court, N\? `" M. L. Ebert, Jr., J. ./arl Rominger, Esquire For Plaintiff athan C. Wolf, Esquire For Defendant y bas oV() II-- , P X VII u`,A j TABITHA M. MCCARTNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1276 CIVIL ACTION LAW MARTIN V. B. MCCARTNEY, IV IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 24, 2010 , 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 30, 2010 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, Bv: /s/ ac ueline M. Verne Es ij, 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 FORTII 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 OF THE WHONMARY 2010 MAR -1 PM 3: 24 CUM?3i.: ;',( UNTY PENNSYLVANIA 3-J`? ? ? MAR 312010 TABITHA M. McCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1276 CIVIL ACTION - LAW MARTIN V.B. McCARTNEY, IV,: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of l%P? , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ---I-- , of the Cumberland County Court House, on the 0212:?-day of 2010, at q.,A y o'clock, . M., at which time testimony will bet en. For purposes of this Hearing, the Mother 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 October 5, 2006 shall remain in full force and effect. BY THE COURT, - 1tq,--JL -4. cc;/ 1 E. Rominger, Esquire, counsel for Mother than C. Wolf, Esquire, counsel for Father ?z, N C O • ? i C p " MAR 3 -1 Zulu TABITHA M. McCARTNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1276 CIVIL ACTION - LAW MARTIN V.B. McCARTNEY, IV,: Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., 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 Martin V.B. McCartney, V August 25, 2000 shared 2. A Conciliation Conference was held March 30, 2010 with the following individuals in attendance: The Mother, Tabitha M. McCartney, with her counsel, Michael 0. Palermo, Jr., Esquire (substituting for Karl E. Rominger, Esquire) and the Father, Martin V. B. McCartney, IV, with his counsel, Nathan C. Wolf, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated October 5, 2006 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother advises that Father was incarcerated for one year and she had primary physical custody. Since shared physical custody has resumed, the child is having behavior problems in school. Mother also asserts that Father is unemployed and cannot financially care for the child. 5. Father's position on custody is as follows: Father seeks to maintain the status quo. Father maintains that the child's behavior at school results from Mother being too lenient with the child at her house by not enforcing a bedtime. 6. The parties did agree to schedule a joint meeting with the child's guidance counselor to discuss his school behavior issues. 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 day. 3- 3b -?o l?'? y Date acq ine M. Verney, Esquire- Custody Conciliator