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Home My WebLink About05-3319 v, Deborah P. Wise, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, O~ - 33/9 C;ulC-~1 CUSTODY /VISITATION Kenneth A. Wise, Plaintiff COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Kenneth A. Wise. by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: 1. The plaintiff is Kenneth A. Wise an adult individual residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania, 2. The defendant is Deborah P. Wise an adult individual residing at 1707 English Drive, Mechanicsburg, Pennsylvania, 3, Plaintiff seeks custody of the following children: Name Alexa Deborah Wise Present Address 1707 English Drive Mechanicsburg, P A Date of Birth April 13, 1996 Eric Christopher Wise 1707 English Drive Mechanicsburg, P A March 17, 1999 The children were not born out of wedlock, The children are presently in the custody of Deborah P. Wise, who resides at 1707 English Drive, Mechanicsburg, Pennsylvania, MEYERS, DESFOR, SAlTZGIVEA & BOYLE 410 NORTH SECOND STREET . p.o. BOX 1062 . HARRISBURG, PA 1710B (717) 236-9428 . FAX (717) 236-2817 During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates Plaintiff and Defendant 4206 Franklin Court Chester Springs, P A 2000 to 2001 Plaintiff and Defendant 1 3 1 State Run Road Douglasville, P A 2001 to 2002 Defendant 1 707 English Drive Mechanicsburg, P A 2002 to Present The mother of the children is Deborah P. Wise, currently residing at 1707 English Drive, Mechanicsburg, Pennsylvania, She is single, The father of the children is Kenneth A. Wise, currently residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania. He is single, 4, The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: Name Candice Williams Relationship Girlfriend , o MEYERS, DE8FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ) 5, The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: Name Relationship Alexa Deborah Wise Daughter Eric Christopher Wise Son 6. 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 or claims to have custody or visitation rights with respect to the children, 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Defendant has failed to maintain proper schooling for the children during the past school year. Defendant has poor judgement when making decisions effecting the children and fails to encourage a relationship with Plaintiff. Moreover, the children have expressed a desire to live with Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 4 MEYERS, DESFOR. SAL TZGIVER & BOYLE 410 NORTH SECOND STREET" P,O. BOX 1062 .. HARRISBURG, PA 171013 (717) 236-9428 .. FAX (717) 236-2817 WHEREFORE, Plaintiff, Kenneth A. Wise, requests the court to grant him custody of the children, Respectfully submitted, atherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P,O. Box 1062 Harrisburg, P A 17108 (717)236-9428 Attorney for Plaintiff 5 MEYERS, OESFOR, SAlTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 VERIFICATION I, Kenneth A. Wise , verify that the statements made in this Complaint For Custody are true and correct to the b of my knowledge, information and belief. I understand that fa statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /. fli!, U' 6/23/2005 ( X) l'la:l-n~"i..~~ Defendant II I Ii Ii MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 , . A:J 0 1Q. ~ l' "- :\t ~ . Vr ......... ......... () () "-' @ f'- 6"- c- = ~ = -o&~ c.n CJ( ~ p:j <... ..... r2~;' r.~' c::: m:n (J ...:- ",: :;::: "71"-" e ")J.-, N -o~ ~' , \D '0 E r-"~ () ~ KL: ~~ ...-;c.. -" 7<'-' "C' :J:: 02:1 :J:-::' _J ''C'(") C- ry Csrn '--f... :z :;! :2 W ':0 \0 --< KENNETH A. WISE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN[A v. 05-3319 CIVIL ACTION LA W DEBORAH p, WISE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 07, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, AUllust 02, 2005 , the conciliator, at 1:00 PM 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 hearinll. FOR THE COURT, By: IsI Dawn S. Sunday. Esq. Custody Conciliator .Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi[ites Act of [990. For information about accessible facilities and reasonable accommodations availab[e to disabled individuals having business before the court, please c:ontact our office, All arrangements must be made at [east 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 Te[ephone (7 [7) 249-3 [66 4~ b ~ ~ ~ 5J-d/-,- -~ ~ ~ ~ .5O'o/c. ~?~~~~ 5O.~.t.. V!N\/l\lA~~NN3d IJjNnrj'--" tc,.." r-ii. '-''I'i,ln'' I ; ;'...,__' ," "::~_'(:hl v cc :8 f~d L - lor souz Ab'VLONOHlOl::ld 3Hl :lO 308.:lO-Cl31I:l w Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant NO. NO, 05-3319 Civil Term CUSTODYIVISIT A TION EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kenneth A. Wise, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files this Emergency Petition for Special Relief and in support thereof avers as follows: 1. Plaintiff is Kenneth A. Wise an adult individual residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania (hereinafter "Father"). 2. Defendant is Deborah p, Wise an adult individual residing at 1707 English Drive, Mechanicsburg, Pennsylvania (hereinafter "Mother"), 3. The parties are former husband and wife having been divorced by decree dated January 12,2004, 4, The parties are the parents of two minor children namely Alexa Deborah Wise (date of birth April 13, 1996) and Eric Christopher Wise (date of birth March 17, 1999). 5. Recently, Father learned that the children were not properly schooled during the past school year. 6, In the beginning of the 2004-2005 school year, the children were enrolled and attended the Circle School located in Harrisburg, Pennsylvania. 7. In 2005, Mother failed to pay the children's tuition and the children were asked to MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2:36.2817 leave the school. 8, Mother then decided to home school the children for the remainder of the 2004-2005 school year, 9, The Mechanicsburg School District (hereinafter "School District"), the district in which Mother resides, is responsible for registering and tracking all school age children, whether they attend in the district, attend a private school, such as the Circle School, or are home schooled. 10. Father has learned that Mother never registered the children, II. The Circle School reported to the School District that the children are no longer attending the school. Thereafter, when the Mother failed to register the children, on two separate occasions, the School District dispatched an official to Mother's home, Neither Mother nor the children were at home for either visit. 12. Father has also learned that in order for the School District to track home schooled children, the parent must provide certain information to the school, including the lesson plan, periodic reports and completed assignments and immunization records. 13, Mother failed to send any of the required information to the school. 14. Father believes that Mother did not actually home school the children. 15, Father has also learned that Mother has not registered the children with the School District for the 2005-2006 school year. 16, Father believes that the registration deadline for the School District has now passed. 17. Father also believes that Mother intends to home school the children for the 2005- 3 MEYERS, DESFOR, SALTZGIVER ~, BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 23Ej.2817 2006 school year. 18. Thus far, Mother has not filed her lesson plan or any immunization records for the upcoming school year and the deadline for filing has now passed. 19, Father does not believe that Mother has any intention of providing proper schooling for the children. 20. The School District has indicated an intention of pursuing a neglect charge against Mother for failure to provide proper schooling for the children. 21. Father is very concerned that the children have fallen behind their peers academically. 22. Father is also concerned that the children may not be current with their immunizations. 23. Father is capable of providing a proper education to the children. 24, Father is concerned that if this matter is not addressed immediately, the children will suffer irreparable harm. 25. Accordingly, Father believes that custody of the children should be transferred to him immediately and that the children should be enrolled in Spring-Ford School District, the school where Father resides, 4 MEYERS, DESFOR, SALTZGIVER lli BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 23'5-2817 WHEREFORE, Plaintiff, Kenneth A. Wise, requests the court to grant his Emergency Petition for Special Relief and order that custody of the children is immediately transferred to him and the children shall attend school in the Spring-Ford School District. Respectfully submitted, ~~. Catherine A. Boyle, Esquire Attorney LD. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street 1'.0, Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 5 MEYERS, DESFOR, SAl.lZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-942B . FAX {717} 236-2811 VERIFICATION I, Kenneth A. Wise , verify that the statements made in this Emergency pet:ition For Special Relief are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: fiLt ~. 7/15/2005 6- xl Plaintiff Defendant II Ii II I, MEYERS, DESFOR. SALTZGIVEA & BOYLE 410 NORTH SECOND STREET. p,o, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant NO, NO. 05-3319 Civil Term CUSTODY /VISITATION CERTIFICATE OF SERVICE I hereby certify on this \ ~ day of ~r-' 2005, that a copy of the foregoing Emergency Petition for Special Relief was sent, \igular first-class mail, postage pre- paid to: Deborah Wise 1707 English Drive Mechanicsburg, P A 17055 ~~& Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-28H ~ ~ ~ l.rt (') ....' C) .::::::::> C <;;-'~j '--n C> o,;f'\ ..., <- :r.""'7'\ n , c:: rni""'''' () c- -i3\~:(, - ~ - () co f'" ,'..-' fl ~ -'\,") __-:;:-1 0- '>!(') ..J:: 0- ~,-,,:.\ n LJ " l.r1 (,) :;'J -l .-<,. ~ k - Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah p, Wise, Defendant NO. 05-3319 Civil Term CUSTODYIV1SIT A TION PROOF OF SERVICE MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-~!817 Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, Deborah P. Wise, Defendant NO, 05-3319 Civil Term CUSTODYIVISIT A TION CERTIFICATE OF SERVICE I hereby certify on this I ~ day Of~ ,2005, that a copy of the foregoing Proof of Service was sent, regular first-class mail, ostage pre-paid to: Deborah Wise 1707 English Drive Mechanicsburg, P A 17055 ~c, Catherine A. Boyle, Esq Attorney for Plaintiff MEYERS. DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.2817 ,.., C;.:} C) t,"';;;;"' -0 c.n ., '- '-:-' !2 C' rii -.. " r-. r::':: ;;, --oi'!': (J CO ;~~~ ~- !< ~ ~/ .,,,,- ~ :;; "/? -. (~J a. Kenneth A. Wise, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant NO. 05-3319 Civil Term : CUSTODYIVISlTATION STIPULATION FOR CUSTODY AND NOW, this _ day of ,2005, the Plaintiff, Kenneth A. Wise, and the Defendant, Deborah p, Wise, agree as follows: I, Plaintiff, Kenneth A. Wise, (hereinafter "Father"), filed a Complaint for Custody on June 30, 2005 and an Emergency Petition for Special Relief on July 18,2005, which are attached hereto and referred to as Exhibit "A." 2, By entering this Stipulation, the parties are resolving the issues raised in Father's Complaint and Emergency Petition for Special Relief. 3. The parties are the parents of two minor children, namely, Alexa Deborah Wise, date of birth April 13, 1996 and Eric Christopher Wise, date of birth March 17, 1999. 4, The parties agree to share legal custody of the minor children. 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 gen'~ral well-being including, but not limited to, all decisions regarding their health, education and religion. 5. The parties agree to the following physical custody schedule: a, Beginning August 27,2005, and for six (6) months thereafter, the children shall reside primarily with Father. Mother may see the children every other weekend. b. The children shall attend school in the school district closest to Father's residence, c. Thereafter, provided Defendant, Deborah P. Wise (hereinafter "Mother"), has relocated to the school district closest to Father's residence, the parties shall share physical custody. d, The parties shall share the transportation of the children, with the party commencing herlhis period of custody providing the transportation, 6, The parties agree to enter this Stipulation as an Order of Court f)0? ~ -Z~..ri~ ~Wise ~,~ Witness II .;./ JL ).5P ~. KENNETH A. WISE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUl\TY, PENNSYLVANIA v, 05-3319 CIVIL ACTION LAW DEBORAH P. WISE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, July 07, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. S~~day, Esq. . the conciliator. at 39 West Maiu Street, Mechanicsburg, PA 17055 on Tuesday, AU2ust~, 2005 ~ at 1:00 PM 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 mav provide grounds for entry of a temporary or penn anent 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 hearine. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator .Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation 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 HA VE 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] 70]3 Telephone (717) 249-3166 ''!.lI!." '1li;tfE COP:'r ImOM: RECORD Jm 1leslimonv.' wJler.etrl;, It hene unto- set: my billlli -llQulllll$liilJ ~tr~~!d~. !K,,' JWs- 7 ~; ~~ f!f .-~-, ~ , " PntabcooIllfV r- Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant : NO. 0::; - .]]/9 C,'u,L~~ : CUSTODYNISITATION RECEIVED JUN 3 0 ZOO~W ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2005, at ,m., 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. FOR THE COURT, By: Custody Conciliator 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, You must attend the scheduled conference or hearing, 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 32 S, Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3] 66 I I. MEYERS, DESFOR. SALTZGIVEFI & BOYLE 410 NORTH SECOND STAEET . P.O. BOX 1062 . HARRISBURG. PA 17108 n17) 236-9428 . FAX (717\ nFi-7R17 Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant : NO. : CUSTODYIVJSITATJON COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Kenneth A. Wise, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: J. The plaintiff is Kenneth A. Wise an adult individual residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania. 2. The defendant is Deborah p, Wise an adult individual residing at 1707 English Drive, Mechanicsburg, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Alexa Deborah Wise Present Address 1707 English Drive Mechanicsburg, P A Date of Birth April 13, 1996 Eric Christopher Wise 1707 English Drive Mechanicsburg, PA March 17, 1999 The children were not born out of wedlock. The children are presently in the custody of Deborah P. Wise, who resi~ at~07o _= . ~ 11 -vf7i '- -r English Drive, Mechanicsburg, Pennsylvania. mh = :!:"T' ?_2~ .:;.:: m= 'C~ ll~~ ,,> :g 0 ~'"'-.. \.0 :;:;:. I "..c:. ':"">c: ~ kC; -0 ~~ ~(J :3: o-r"l ~o - zmo ....-c NOli '" ,.... - ~ =< ~ -< MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (17) 236.9428 . FAX (717'\ 236-2817 During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates Plaintiff and Defendant 4206 Franklin Court Chester Springs, P A 2000 to 2001 Plaintiff and Defendant 131 State Run Road Douglasville, PA 2001 to 2002 Defendant 1707 English Drive Mechanicsburg, P A 2002 to Present The mother of the children is Deborah p, Wise, currently residing at 1707 English Drive, Mechanicsburg, Pennsylvania. She is single. The father of the children is Kenneth A. Wise, currently residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania, He is single. 4. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: Name Candice Williams Relationship Girlfriend , ~ \ . MEYERS, OESFOR. SALlZGIVEFI & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717)236-2817 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: Name RelationshiJ2 Alexa Deborah Wise Daughter Eric Christopher Wise Son 6, PJaintiffhas 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 infonnation 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 or claims to have custody or visitation rights with respect to the children. 7. The best interest and pennanent welfare of the children will be served by granting the relief requested because Defendant has failed to maintain proper schooling for the children during the past school year. Defendant has poor judgement when making decisions effecting the children and fails to encourage a relationship with Plaintiff. Moreover, the children have expressed a desire to live with Plaintiff. 8. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action. 4 MEYERS, DESFCR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 WHEREFORE, Plaintiff, Kenneth A. Wise, requests the court to grant him custody of the children. Respectfully submitted, tJA' -{:, Catherine A, Boyle, Esquire Attorney 1.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, P A 17] 08 (717)236-9428 Attorney for Plaintiff \ I \. 5 MEYERS, DESFOR, SALTZGJVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 106:~ .. HARRISBURG. PA 17108 (717) 236.9428 .. FAX (717) 236-2817 VERIFICATION I, Kenneth A. Wise , verify that the statements made in this Complaint For Custody are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/23/2005 , ;li~ kt. , ( X) Plaintiff Defendant I I I I i I I I I I I \ I \ i 1 I I i I I !I MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.2817 Kenneth A. Wise, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant NO, 05-3319 Civil Term : CUSTODYIVISITATION ORDER OF COURT AND NOW, this day of , 2005, in consideration of Plaintiff, Kenneth A. Wise's, Emergency Petition for Special Relief, it is hereby Ordered that: that custody of the children is immediately transferred to Plaintiff and the children shall attend school in the Spring-Ford School District. By the Court, J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1U62 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (717) 236-2817 Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant NO, NO. 05-3319 Civil Term CUSTODY /VIS1T A TI ON EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kenneth A. Wise, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files this Emergency Petition for Special Relief and in support thereof avers as follows: I. Plaintiff is Kenneth A. Wise an adult individual residing at 1806 Foxmeadow Circle, Royersford, Pennsylvania (hereinafter "Father"). 2. Defendant is Deborah P. Wise an adult individual residing at 1707 English Drive, Mechanicsburg, Pennsylvania (hereinafter "Mother"). 3, The parties are former husband and wife having been divorced by decree dated January 12, 2004. 4. The parties are the parents of two minor children namely Alexa Deborah Wise (date of 6. birth April 13, 1996) and Eric Christopher Wise (date of birth March 17, 1999). CJ ~ 0 Recently, Father learned that the children were not properly schooled <!,ufibg t~e pa~ ~~""' . . ::: r-:i F school year. ". C0 ]~j ; ,~~;) In the beginning of the 2004-2005 school year" the children were enrol1J:~and~en~~~ s;:;~~ G:J ~lln the Circle School located in Harrisburg, Pennsylvania. :;! (...~ ~ In 2005, Mother failed to pay the children's tuition and the children were asked to ~ 5. 7. MEYERS, DESFOR, SALTZGIV'ER,& BOYLE 410 NORTH SECOND STREET . P.o. BOX 10Ei2 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (7"') 236,2817 leave the school. 8. Mother then decided to home school the children for the remainder of the 2004-2005 school year. 9. The Mechanicsburg School District (hereinafter "School District"), the district in which Mother resides, is responsible for registering and tracking all school age children, whether they attend in the district, attend a private school, such as the Circle School, or are home schooled. 10. Father has learned that Mother never registered the children. 11. The Circle School reported to the School District that the children are no longer attending the school. Thereafter, when the Mother failed to register the children, on two separate occasions, the School District dispatched an official to Mother's home. Neither Mother nor the children were at home for either visit. 12. Father has also learned that in order for the School District to track home schooled children, the parent must provide certain infonnation to the school, including the lesson plan, periodic reports and completed assignments and immunization records. 13. Mother failed to send any of the required information to the school. 14, Father believes that Mother did not actually home school the children. 15. Father has also learned that Mother has not registered the children with the School District for the 2005-2006 school year. 16. Father believes that the registration deadline for the School District has now passed. 17. Father also believes that Mother intends to home school the children for the 2005- " ~ MEYERS, DESFOR. SALlZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9426 . FAX (717) 236-2617 2006 school year. 18. Thus far, Mother has not filed her lesson plan or any immunization records for the upcoming school year and the deadline for filing has now passed. 19. Father does not believe that Mother has any intention of providing proper schooling for the children. 20. The School District has indicated an intention of pursuing a neglect charge against Mother for failure to provide proper schooling for the children. 21. Father is very concerned that the children have fallen behind their peers academically. 22. Father is also concerned that the children may not be current with their immunizations. 23. Father is capable of providing a proper education to the children. 24. Father is concerned that if this matter is not addressed immediately, the children will suffer irreparable harm. 25. Accordingly, Father believes that custody of the children should be transferred to him immediately and that the children should be enrolled in Spring-Ford School District, the school where Father resides. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 _ HARRISBURG, PA 17108 (717) 236.9428 . FAX (7117) 236-2817 WHEREFORE, Plaintiff, Kenneth A. Wise, requests the court to grant his Emergency Petition for Special Relief and order that custody of the children is immediately transferred to him and the children shall attend school in the Spring-Ford School District. Respectfully submitted, /dlw. Catherine A. Boyle, Esquire Attorney I.D, 76328 Meyers, Desfor, Saltzgiver & Boyle 4] 0 North Second Street P.O. Box ]062 Harrisburg, P A ] 7] 08 (717)236-9428 Attorney for Plaintiff \ ~ 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1Qt;2 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (7fT) 236-2817 VERIFICATION I, Kenneth A. Wise , verify that the statements made in this Emergency Petition For Special Relief are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904, relating to unsworn falsification to authorities. 1 Dated: %fLti kv-' 7/l5/2005 L'- xl plaintiff Defendant I I I Ii I I , I I I 1 i I I I I I I . i MEYERS, DESFOA, SALTZGiIVEA & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (7'17) 236-2817 Kenneth A. Wise, Plaintiff : JN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant : NO. NO. 05-33 I 9 Civil Term : CUSTODY /VISIT A TION CERTIFICATE OF SlmVICE I hereby certify on this I ~ day of ,2005, that a copy of the foregoing Emergency Petition for Special Relief was s~nt. leguIar first-class mail, postage pre- paid to: Deborah Wise 1707 English Drive Mechanicsburg, P A ] 7055 ~S~ Attorney for Plaintiff .1 MEYERS, DESFOR, SAlTZGIVEA &: BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HAI=1RISBUAG, PA 17108 (717) 236,9428 . FAX (717) 236,2817 () (-~, '""" c"" = c." ~ :r, :JJ ",-: -om -nO ~'~("') :.~.~~ 9t "<.- ~ ". c:: b N -0 _. ' - \':' c" ~ RECEIVED AUG 15 2005f Kenneth A. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Deborah P. Wise, Defendant : NO, 05-3319 Civil Term : CUSTODYNISITATION ORDER OF COURT AND NOW, this 1(,' day of a..p.r ,2005, the attached Stipulation for Custody between Plaintiff, Kenneth A. Wise, and Defendant, Deborah P. Wise, is hereby entered as an Order of Court as if set forth in full. BY THE COURT: ,A tk 1. >- ..:r ~ j?:: b N z: ~:Z ,o:J -0 ::c (-:)S Ii: :C a.. .~..,7 l~ .~~ .0 .,,~ ,~"," ?- wo- .\~!~ --' (.,:) o:lU F :::> ,.:i'{dj "'" .;~~. r.L u.. u:> ~:;.~ 0 = ::::> = c-.. (.) - RECEIVED AUG 1 7 7nnfr' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH A. WISE vs. 05-3319 CIVIL ACTION LAW DEBORAH P. WISE Defendant IN CUSTODY ORDER AND NOW, this 9th day of AUl!ust.2005 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today, is cancelled. FOR THE COURT, M Dawn S. Sunday, Esquire Custody Conciliator , ,,"'"' o C;;;, "'.."~, -O\..,;.,~ \~;-. f ' _,,,,,0' "".- __,V o (~;: '.. " '.~... .. ".,'- "-::c' 'Y'C: :.:;, ...... ~ ~ ~ G") - cP ',' Q, -::e..,-, f\i.-c- ~ ::j?,q I:J,() .-1...:'\', -1. ....,.... (~~..; 0.,,0 .S:.tn ~ ';,.to C< -<.1 ..-,~ ...' ..s N N -