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HomeMy WebLinkAbout05-2396Misty Carothers, Plaintiff V. Charles E. Carothers, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - „Z3-76 CIVIL TERM IN DIVORCE / CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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. Misty Carothers, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles E. Carothers, III, NO. 05 - -2y96 CIVIL TERM Defendant IN DIVORCE / CUSTODY COUNTI COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Misty Carothers, an adult individual, who resides at 7 Piney Court, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Charles E. Carothers, III, an adult individual, who resides at 438 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 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 September 29, 2001 in Carlisle, Cumberland 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. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II COMPLAINT FOR CUSTODY 9. 10 12. 13. Previous paragraphs are incorporated by reference. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Marquell Andrew Carothers 7 Piney Court Gardners, PA Chantell Elise Carothers 7 Piney Court Gardners 4/15/01 4 yrs. 3/21/04 1 yr. 1 mo. The children, Marquell was born out of wedlock and Chantell was not born out of wedlock. The children are presently in the custody of Misty Carothers, residing at 7 Piney Court, Gardners, Cumberland County, Pennsylvania 17324. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Misty Carothers 7 Piney Court 3/05 to present Gardners, PA Charles & Misty 438 Factory Street 10/02 to 03/05 Carothers Carlisle, PA Charles & Misty 330 College St. 10/01 to 10/02 Carlisle, PA Misty Carothers 7 Piney Court 4/01 to 10/01 Gardners, PA The mother of the children is Misty Carothers, residing at 7 Piney Court, Gardners, Cumberland County, Pennsylvania 17324. She is married. The father of the children is Charles E. Carothers, 111, residing at 438 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 14. 15 16. 17 The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Debra & McClellan Roush Relationship Parents The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Self Relationship Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: - - O ,?7 /r l i?-?.f _ lr J Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff Misty Carothers, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles E. Carothers, III, NO. 05 - CIVIL TERM Defendant IN DIVORCE / CUSTODY VERIFICATION 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Misty Carothers, Plaintiff Cj c:? ?5Y l ? ?? M1 Cll -" l6? r? 1 „? ? i J ^C.? i ? _ c J3 . 5 i o?cl 2 0. MISTY CAROTHERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2396 CIVIL ACTION LAW CHARLES E. CAROTHERS, III IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 13, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 09, 2005 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/ Hubert? Gilroy 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 I /1"I i tc, RECEIVED JUN 13 100??5?? Yn MISTY CAROTHERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2396 CIVIL TERM CHARLES E. CAROTHERS, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /'S' day of 2005, upon consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: 1. The Mother, Misty Carothers and the Father, Charles E. Carothers, 111, shall have shared legal custody of Marquell Andrew Carothers, born April 15, 2001 and Chantell Elise Carothers, born March 21, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Beginning June 17, 2005, alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. Every Wednesday from 5:00 p.m. to 8:00 p.m. C. Such other times as agreed by the parties. 4. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 5. Thanksgiving shall be alternated between the parties at times agreed by the parties with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. 6. Christmas shall be divided into two Blocks. Block A shall be from 5:00 p.m. Christmas Eve to Christmas Day at 5:00 p.m. Block B shall be from Christmas Day at 5:00 p.m. to December 26 at 5:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. FILED-OFFICE (lic A,gOTI-?O?lO7ARY AN 15 AM 10* 56 7. Father shall always have physical custody of the children on July 4 from 9:00 a.m. to 8:00 p.m. 8. In the event a Monday holiday coincides with Father's alternating weekend custody, Father shall be entitled to custody of the children until Monday at 5:00 p.m. 9. Each party shall have physical custody of the children for one uninterrupted week in the summer provided they give the other party 30 days prior notice and a telephone number and address where the children may be reached. 10. Transportation shall be shared such that the relinquishing party shall transport the children. 11. The non-custodial party shall have reasonable telephone contact with the children. 12. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. c,g X-ichael J. Whare, Esquire, for Mother ,Jfiarles E. Carothers, III, pro se 507 Hamilton Street Apt 1 Carlisle, PA 17013 14 0? BY THE COURT, RECEIVED JUN 13 200q? MISTY CAROTHERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-2396 CIVIL TERM CHARLES E. CAROTHERS, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Marquell Andrew Carothers April 15, 2001 Chantell Elise Carothers March 21, 2004 Mother Mother 2. A Conciliation Conference was held in this matter on June 9, 2005. The Mother, Misty Carothers, appeared with her counsel, Michael J. Whare, Esquire. Father, Charles E. Carothers, appeared pro se. The parties agreed to the entry of an Order as attached. & - 9 -& 6' Date J qu ne M. Verney, Esquire Custody Conciliator MISTY CAROTHERS, Plaintiff V. CHARLES E. CARTOTHERS, 111, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.05-2396 IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 6, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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: i1U1 OCIe a"`-cl'-(n -r Misty Carothers/Plaintiff -Ti _- . J CD .' MISTY CAROTHERS, Plaintiff V. CHARLES E. CARTOTHERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO.05-2396 IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT AND ACKNOWLEDGEMENT i. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 6, 2005 and I acknowledge receipt of a copy of the same, which was served on me on May 16, 2005, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 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: !_; Charles E. Carothers, III, efendant 3 ?? G-? ' S1 ?_- C P ? t.- ` f 7 r .Gf: ? - ?? - : ?: C] >?= Q .? MISTY CAROTHERS, Plaintiff V. CHARLES E. CARTOTHERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO.05-2396 IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I 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. I 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 unworn falsification to authorities. Date: k g16GL.I ` Mi y Carothers, Plaintiff N am C , G L , Ul (y) ti MISTY CAROTHERS, Plaintiff v. CHARLES E. CARTOTHERS, III, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO.05-2396 IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I 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. I 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 unswom falsification to authorities. Date: Charles E. Carothers, I ant ??? M1? (''1 `? f? v'1 11 - ?? 1 n Z . ` 1.f? r-- '""ii'i': ? ":Ll .. ?.? .. ?+. I'll ? C? ? MISTY CAROTHERS, Plaintiff V. CHARLES E. CAROTHERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO.05-2396 IN DIVORCE/CUSTODY PROOF OF SERVICE Lis ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r A. X B. Received by (Pnn dllFame) C. Dtfte of Delivery 10- / G-'d "s 5"/U -(.)J, D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: J?A 3. Se a Type Certified Mail ress Mall ? ? Registered etum Receipt for ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7003 1010 0001 1191 8720 (Transfer /mm service labeo -rrm 3311. February 2004 Domestic Return Receipt 102595102-M-r MISTY CAROTHERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW : NO.05-2396 CHARLES E. CAROTHERS, III, Defendant : IN DIVORCE/CUSTODY 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, Return Receipt, Restricted Delivery, May 16, 2005. Attached as Exhibit "A". 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff, November 15, 2005; by the Defendant, November 15, 2005. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 18, 2005. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 18, 2005. Date: /V?rr - / , 2005 /? 41 Z- --,/I Michael J. Whare, Esq re 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 89028 -r' - :r- -' rn?r __ =c.! ?-?. `a? -_ -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS Charles E. Carothers, III Defendant N O. 05-2396 Civil DECREE IN DIVORCE AND NOW, hOV Z3 2(50!> , IT IS ORDERED AND DECREED THAT Misty Carothers PLAINTIFF, AND Charles E. Carothers 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 ENTERED; None E A A6v ?V sI Vie, ar X. i f 50, MISTY WILLIAMS, formerly Misty Carothers Plaintiff V. CHARLES E. CAROTHERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-2396 CIVIL, TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Misty Williams by and through her counsel, Michael J. Whare, Esquire and in support of her Petition for Special Relief avers as follows: 1. Misty Williams (hereinafter referred to as "Mother") is an adult individual who resides at 7 Piney Court, Gardners, Pennsylvania. 2. Charles E. Carothers, III, (hereinafter referred to as "Father") is an adult individual who resides at 1909 Reservoir Drive, Carlisle, Pennsylvania. 3. On June 15, 2005, the Honorable Kevin A. Hess entered a Custody Order concerning the parties minor children, Marquell Andrew Carothers, born April 25, 2001 and Chantell Elise Carothers, born March 21, 2004,(hereinafter referred to as "Children") based on an agreement reached by the parties at the conciliation conference. (Attached as Exhibit "A") 4. In December 2006, Mother remarried. Mother's new husband is serving in the United States Navy and has been stationed in San Diego, California. 5. Mother is pregnant with husband's child and is due sometime in August 2007. 6. In January 2007, Mother had discussions with Father about relocating the Children to San Diego. 7. Mother and Father continued to have ongoing discussions on the idea of the Children moving to San Diego and had reached an oral agreement in which Mother would have custody of the children during the school year and Father would have the Children during the summer. 8. On or about May 13, 2007, Father indicated he no longer agreed to the Children moving to San Diego. 9. Based on Father's earlier agreement to the move, Mother made plans to move to San Diego on June 25, 2007. 10. Based on the above facts, Petitioner believes it is necessary for this Honorable Court to hold an expedited hearing on the matter to determine if Mother can relocate to San Diego with the Children. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her request for an expedited hearing on this matter to determine if mother can relocate the children to San Diego where mother would have primary physical custody of the children subject to father's partial custody during the summer. Respectfully submitted, Date: Michael J. Whare, E uire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff MISTY WILLIAMS, formerly : IN THE COURT OF COMMON PLEAS OF Misty Carothers : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Civil Action- Law : No. 2005-2396 CIVIL TERM CHARLES E. CAROTHERS, III, : Defendant : IN CUSTODY VERIFICATION 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.S. & 4904 relating to unsworn falsification to authorities. Date: S I 0-1 MaAcs ? Misty Williams, Petitioner It. MISTY WILLIAMS, formerly Misty Carothers Plaintiff V. CHARLES E. CAROTHERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-2396 CIVIL TERM IN CUSTODY I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles E. Carothers, III 1909 Reservoir Drive Carlisle, PA 17013 Dated: to Michael J. Whare squire Attorney for Plaintiff ? ?n ?' ? c^ ? ? ? ? 1 ` ! i? ?.?.T ? r-:• 4 `?? _ r MAY 18 7007 o MISTY WILLIAMS, formerly : IN THE COURT OF COMMON PLEAS OF Misty Carothers : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law No. 2005-2396 CIVIL TERM CHARLES E. CAROTHERS, III, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1 day of I?La , 2007, upon consideration of the within Petition for Special Relief, it is hereby ordered that a hearing is scheduled for the o?1&O - day of UIf? 2007, in Courtroom # _ at a,36 o'clock m. at the Cumberland County Courthouse in Carlisle. Pennsylvania. By the Court: Distribution: de(iv? ?Michael J. Whare, Esquire 5,1g-6'1 ?/Charles Carothers, Pro Se r Mpu. ?'F ?? ca - ^x 7-3 MISTY WILLIAMS, formerly Misty Carothers, Plaintiff vs. CHARLES E. CAROTHERS, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2396 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2Z. day of June, 2007, the petition for special relief of the plaintiff seeking permission to relocate to San Diego, California, is GRANTED. Primary physical custody of the children, Marquell Andrew Carothers, born April 15, 2001, and Chantell Elise Carothers, born March 21, 2004, shall continue in their mother subject to periods of partial custody with their father as agreed upon by the parties which will include, at a minimum, the summertime from one week after the end of school until one week prior to the beginning of the following school year, and a period at Christmastime. In addition, it is directed that the parties establish weekly communication via internet video conferencing between the homes of the parties at the expense of the plaintiff. The court understands that this will entail, potentially, the purchase of a compatible computer, and/or internet access and/or a webcam/headset. BY THE COURT, X chael J. Whare, Esquire For the Plaintiff iarles Carothers, III, Pro Se 1909 Reservoir Drive Carlisle, PA 17013 /n T Kevin . Hess, J. J P13.SY1 C,-I A" t4-?.et 4i o 6 t• I I WV Z4 N it LOOZ AdVIONU'-" Ad 10 301.