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HomeMy WebLinkAbout05-3704Jerald L. Metcalf : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05 - 3'70 `/- Marie W. Metcalf : CIVIL DIVISION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 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, PA 17013 (717) 249-3166 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. Jerald L. Metcalf : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL DIVISION -LAW : NO. 2005 -,&7o CIVIL TERM Marie W. Metcalf Defendant IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff, by his attorney, John H. Broujos of Broujos & Gilroy, P.C... and avers as follows: COUNT I - COMPLAINT Plaintiff is Jerald L. Metcalf, an adult individual residing at 43 Burgner's Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Marie W. Metcalf, an adult individual residing at 775 Marsh Road, Apt # 4, Menlo Park, CA 94025. 3. Plaintiff seeks custody of Child James Austin Metcalf, residing in shared residences at 43 Burgner's Mill Road, Carlisle, Cumberland County, Pennsylvania 17013 and 775 Marsh Road, Apt # 4, Menlo Park, CA 94025. 4_ Plaintiff seeks custody to Child who has spent the winter months of 2004 to 2005 with Defendant and the summer months with Plaintiff at the above addresses. 5. Child was born November 10, 1997. Child has presently resided with Defendant temporary by agreement by the parties with Defendant from September 2004 to beginning of June 2005 and subsequently for the summer with Plaintiff June 2005 to the present time. 7 8. 9. 10 II 12 13 During the past five years, Child has resided with the following persons and at the following addresses: Person Father & Mother Father & Mother Address Dates 32460 Edith Way Union City, CA 94025 43 Burgner's Mill Rd Carlisle, PA 17013 Mother 775 Marsh Road Apt. 9 4 Menlo Park, CA 94025 Father 43 Burgher's Mill Rd Carlisle, PA 17013 Nov. 10, 97 to May 02 May 02 to Sept. 04 Sept.04 to May 05 May 05 to Present Mother of Child is currently residing at 775 Marsh Road, Apt. # 4, Menlo Park, CA 94025. Plaintiff and Defendant were married on November 6, 1983. The relationship of Plaintiff to Child is that of Father. Plaintiff currently resides with the following persons: Name Relationship Gavyn H. Metcalf Son of Plaintiff Christina M. Brown Companion Plaintiff has not participated as a party or witness, or in any other capacity or in other litigation concerning the custody of Child in this or another Court. Plaintiff has no information of a custody proceeding concerning Child pending in a Court of this Commonwealth or any other state. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of Child or claims to have custody or visitation rights with respect to Child. 15. 16. 17 18. 19. The best interest and permanent welfare of Child will be served by granting the relief requested because Child had been in the custody of both Plaintiff and Defendant since birth, until September 04, at which time Defendant voluntarily left the residence of Mother and Father and took Child without consent with Defendant to California, away from his Father and Brother. Plaintiff is capable of providing and has provided for Child since birth. Child has numerous relatives and his Brother and Father here in Pennsylvania and Maryland. Each parent who has parental rights to Child, which have not been terminated; and all persons who have physical custody of Child are parties to the action. COUNT II - REQUEST FOR EXPEDITED CONFERENCE AND HEARING There is no written Order of Custody and no prior Court Actions. Defendant insisted on taking Child to California, where apparently Defendant has placed Child in school. Plaintiff submits that there are sufficient and good reasons for Plaintiff to have full custody of Child with visitation rights in Defendant. Child resided with both parents in Cumberland County from May 02 to September 04. 20. Plaintiff requests from Court an expedited hearing before the Court after Plaintiff requests an expedited conciliation conference, since Plaintiff believes and avers that Plaintiff should have primary physical custody of Child and wants to enroll the child in a local school timely, believing that the arguments for custody are sufficiently sound that the registration of the child for education will take priority over registration of the child in a California school. WHEREFORE, Plaintiff requests this Court to grant custody of Child to Plaintiff, and to order an expedited hearing to assure timely registration in a school. Date: 7 2d C > 1 Respect Ii ubnjitte John If. Bro}ajos, Esquire Attorney for Plaintiff BROUJOS?"& GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 7 1 71243-45 74; 7 1 717 66-1 690 FAX# 7 1 71243-822 7 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Date: 7/9CV/QS Je Id L. Metcalf ?. ? ?` \`\? \? ?? ? C w ?` ?; u+ j L. -1'.?. i.7 _- r r, ?.. ?; ?? in ? u t? - i C.J -a - - t:.: JERALD L. METCALF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, MARIE W. METCALF DEFENDANT 05-3704 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 29, 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, September 13, 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: Is/ Jacqueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ? E .Z N-i 6Z 7-f GGG2 ,,•, :,, .. 1 -ILL 0 RECEIVED AUG 2 a M JERALD L. METCALF, : IN THE COURT OF' COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW MARIE W. METCALF, : NO. 2005-3704 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this ZS ( day of A ? 2005, upon consideration of the attached Custody Conciliation t is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the ///X day of ?' A w 2005, at/-' 30 o'clock, J. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Jerald L. Metcalf, and the Mother, Marie W. Metcalf shall have shared legal custody of James Austin Metcalf, born November 10, 1997. 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. 4. Father shall have primary physical custody of the child pending the hearing. 5. Mother shall be entitled to liberal telephone contact with the child pending the hearing. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. N ? ? ' Q -i r i.U? '. a' ?:i 1 c,?? :I3 r: r4c°?, N ; t, wt? ? } _:. i CL `r' ' J U BY THE COURT, cc: John H. Broujos, Esquire, counsel for Father Sean M. Shultz, Esquire, counsel for Mother F, a 9-0-1" JERALD L. METCALF, Plaintiff V. MARIE W. METCALF, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005-3704 CIVIL TERM : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF James Austin Metcalf November 10, 1997 Father 2. A Conciliation Conference was held on August 22, 2005 with the following individuals in attendance: The Father, Jerald L. Metcalf, with his counsel, John H. Broujos, Esquire, and Mother's counsel, Sean M. Shultz, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having physical custody of the child during the summer and other extended holiday vacations. Mother lives in California and had primary physical custody of the child for first grade. The child attended kindergarten at Plainfield the year before while the family was still intact. Father has concerns for the child's education and has an appointment for special education services. Father also has concerns about Mother's health. She is disabled. Father maintains that Mother has not cared appropriately for the child's dental care. Father has extended family in the area and an eighteen year old son by a previous marriage lives with Father. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the child with Father having physical custody of the child all summer and other extended holiday periods. Mother maintains that she has been the primary caregiver of the child. She asserts that the parties had a verbal agreement whereby the child would live with her during the school year. She is a stay at home Mother who receives disability for a back condition. She has two older daughters who live in California. She has been pursuing Special Education services for the child. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, with Father having primary physical custody pending the hearing. It is expected that the Hearing will require one- half day. Date acq line M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, • No. 05-3704 Plaintiff CIVIL ACTION - LAW V. MARIE W. METCALF, IN CUSTODY Defendant /, MOTION FOR CONTINUANCE AND NOW, this t(-"h day ofDecember, 2005, comes Marie W. Metcalf, by and through her counsel, Knight & Associates, P.C., hereby respectfully files this Motion for Continuance and in support thereof avers as follows: I . A Custody Hearing has been scheduled in the above-captioned matter for December 14, 2005, at 1:30 p.m. 2. Undersigned counsel has attempted numerous times to contact Defendant and has had no response from Defendant. 3. Undersigned counsel has contacted John H. Broujos, Esquire, Attorney for the Plaintiff. Mr. Broujos has been unable to reach his client and has neither consented to nor objected to the continuance. WHEREFORE, Defendant respectfully requests that this Honorable Court continue the hearing scheduled for December 14, 2005, at 1:30 p.m. & ASSOCIATES, P Sean M. Shultz, Esc quire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant FVU'er FolderAFimi Doc'VGlndaa'200538661 mo?ioawmiaunwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, • No. 05-3704 Plaintiff CIVIL ACTION- LAW V. MARIE W. METCALF, IN CUSTODY Defendant CERTIFICATE OF SEA I hereby verify that on December A, 2005, I served a true and correct co foregoing Motion for Continuance by United States First Class Mail, postage prepaid, addressed tas follows: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff KNIGHT & ASSOCIATES, P.C. Sean?1C Shultz, Esquire_? Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant JERALD L. METCALF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARIE W. METCALF, : Defendant NO. 05-3704 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of December, 2005, upon consideration of Defendant's Motion for Continuance, and the court's schedule being unable to accommodate a rescheduled hearing prior to April of 2006, the motion is denied. BY THE COURT, %ohn H. Broujos, Esq. Attorney for Plaintiff VS-15an M. Shultz, Esq. Attorney for Defendant CA" 4K%00ta?c-s :rc Q ,?. ,JERALD L. METCALF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW MARIE W. METCALF, : Defendant NO. 05-3704 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 16th day of December, 2005, the prior order of court previously entered in the above matter dated December 13, 2005, is hereby amended to reflect that Defendant's Motion for Continuance is granted, and the hearing previously scheduled for December 14, 2005, is rescheduled for Monday, April 3, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. This amendment is based upon the attached letter from Defendant's counsel, Sean M. Shultz, Esq., dated December 13, 2005. BY THE COURT, hn H. Broujos, Esq. Attorney for Plaintiff Lean M. Shultz, Esq. Attorney for Defendant r \\\^ :rc X \? l5? 1 r?/?Y $n - - .ten 12/13/2005 14:35 7172490457 KNIGHT & ASSOCIATES PAGE 02/04 KNIGI-IT & ,ASSOCIATES PC. Attorneys at Law December 13, 2005 VIA FACSIMILE ONLY (240-6462) The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Re: Jerald L. Metcalf v. Marie W. Metcalf No. 2005-3704 Our Pile No. 3866.1 Dear Judge Oler: I represent Marie W. Metcalf in the above-referenced case. Attached is the Consent to Continuance filed by Attomey Brouj os on December 8, 2005. Apparently, the reason I have been unable to contact my client is that she has been very ill. Therefore I have been unable to fully prepare her case, and she is unable to attend the hearing scheduled tomorrow. Based upon this new information and Attorney Broujos' consent, I ask that you consider amending your Order and continue the hearing scheduled for December 14, 2005 in this matter. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact my office. I have spoken to Attorney Broujos today and he sitated that he is available should you have any questions of him. Very truly yours, & ASSOCIA M. SMS/dmh Attachment cc: John Broujos, Esquire Marie W- Metcalf Hum PPueFinn DOC6\CeM2COS3654-?jo. 1'w d 11 Rrnulwav Drivc Suice R Carlisle, PA 17013.6806 717,249.5373 717.2490457 fax 12/13/2005 14:35 12/08/2005 16:34 7172490457 7172438227 KNIGHT & ASSOCIATES PAGE 04/04 BROlJJOS & GILROY, PG PAGE 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff y, CIVIL DIVISION-LAW MARIE W. METCALF NO. CIVIL TERM Defendant : IN CUSTODY J. Wesley Oler, Jr. CONSENT TO CONTINUANCE IN THE ABOVE CAPTIONED CASE NOW THIS eighth day of December, 2005, John H. Broujos of Broujos & Gilroy, P.C. counsel to Plaintiff Jerald L. Metcalf, in behalf of my client consents to the motion for continuance, based on the information obtained on the condition of Defendant located in California, communicated to my client Plaintiff. The consent is based on information that Defendant has a medical problem foreclosing her ability to appear at any hearing on custody for a presemly u detemaned period. Date: December 8, 2005 A*ry(ey for Plaintiff BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 7171243-4574; 7171766-1690 FAX# 717/243-8227 c: Jerald L. Metcalf, Plaintiff Sean M. Shultz, Esquire, Attorney for Marie W. Metcalf FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff V. CIVIL ACTION MARIE W. METCALF, Defendant PETITION FOR RULE TO SHOW CAUSE NOW comes Sean M. Shultz, Esquire, attorney for Defendant, and presents this petition for a rule to show cause, representing as follows: Petitioner is Sean M. Shultz, Esquire, attorney for Defendant, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17013. Respondent is Marie W. Metcalf, an adult individual residing at 775 Marsh Road, Apt. 4, Menlo Park, California 94025. Respondent was mailed a fee agreement with Petitioner's law firm on August 30, 2005 in regard to legal fees for the above-captioned matter. A copy of the letter is attached hereto as Exhibit "A" 4. Petitioner has represented Respondent in this matter since August 30, 2005. The parties are presently engaged in a custody proceeding. 6. Over the past few months Petitioner has left numerous messages for Respondent to which Respondent has not responded. 7. Respondent has not paid Petitioner in full for services rendered to her to date. 8. In addition Petitioner wrote a letter to Respondent on December 20, 2005 asking her if she wishes for Petitioner to continue representing her in this matter and requesting that she respond to Petitioner by January 13, 2006. A copy of Petitioner's December 20, 2005 letter to Respondent is attached hereto as Exhibit "B". 9. On January 11, 2006, Petitioner spoke with Respondent's daughter, Holly Metcalf, who informed Petitioner that Respondent wished to proceed pro se in this matter. On January 13, 2006, as requested Petitioner mailed a Praecipe to Withdraw Appearance to Respondent for her signature. A copy of Petitioner's January 13, 2006 letter to Respondent is attached hereto as Exhibit "C„ 10. On January 31, 2006, Petitioner sent a follow-up letter to Respondent asking that she return the Praecipe. A copy of Petitioner's January 31, 2006 letter to Respondent is attached hereto as Exhibit "D". 11. To date despite leaving numerous messages, Petitioner has not heard from Respondent nor received the Praecipe. 12. A hearing is scheduled in this matter for April 3, 2006, at 9:30 a.m. and Petitioner believes and therefore avers that Respondent has adequate time to find substitute counsel, if necessary, should this Court grant Petitioner's request herein. WHEREFORE, Petitioner requests your Honorable Court to enter a rule upon the Respondent to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Respondent. Respectfully submitted, r'& AS ACIATE P.C. Se . Shultz, Esquire 'Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff V. CIVIL ACTION MARIE W. METCALF, Defendant CERTIFICATE OF SERVICE AND NOW, this Z??h day of 44afeh, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition for Rule to Show Cause by first class, United States Mail, postage pre-paid, addressed as follows: John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Marie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 Defendant Marie Metcalf c/o Holly Metcalf 600 Crane Avenue Livermore, California 94551 Defendant Respectfully submitted, KNJr& ASSOCIATE ?V-- M , 7? Shultz, Esquir Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Petitioner VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of IS Pa. C.S.A. Section 4044, relating to unsworn falsification to authorities. Date: 21 man M. Shultz, Esquire Petitioner Exhibit "A" KNIGHT&ASSOCIATES PC. Attorneys at Law August 30, 2005 Marie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 RE: Jerald L. Metcalf v. Marie W. Metcalf (Custody) Our File No. 3366.1 Dear Marie: Please accept this letter to acknowledge that you have engaged us to represent you in the above-referenced custody matter. The scope of our representation may change depending upon developments in this matter and further instruction from you. In accordance with the Rules of Professional Conduct applicable to attorneys authorized to practice law in the Commonwealth of Pennsylvania, it is our firm's practice to disclose in writing the manner in which our fees will be determined before or within a reasonable time after our representation is commenced. We trust you will find this letter helpful in explaining the basis and procedure for the billing and payment of fees and disbursements. The enclosed memorandum describes the billing policies that apply generally to our clients and the elements we consider in determining fees. In this instance, the number of hours spent by professional personnel will be the principal basis for the determination of our fee. I have reduced my hourly billing rate from S 140.00 to $105.00 for this matter, which is the 25% reduction required of me by Knight & Associates, P.C.'s contract with Pre-Paid Legal. Please be advised that we accept Visa and Mastercard. In keeping with our policy regarding new clients or significant new matters for existing clients, we requested from you an advance against fees in the amount of 5500.00, which was paid by credit card on August 4, 2005. An advance against fees is not a flat fee. If your matter does not use up all of the advance, the remainder would be refunded to you. You will be billed for time that exceeds the advance against fees. We reserve the right to request further advances or to increase the amount of the advance as it is exhausted or as may be warranted by developments that indicate a substantial additional commitment of time and other resources. F Tsa PoIda'J' mO 5GmlV2W538e IfmI,-np l l Roadway Drive SLHre B Cartisle, PA 17013-8506 ¦ 717-249-5373 717-249-0457 fax If either our description of the services we are asked to provide or our billing procedures are contrary to your understanding, please advise us in writing, addressed to us at the address listed above, as soon as possible. In the absence of such notification, we will assume that you approve and agree to the above terms of our engagement on your behalf. Enclosed please find a copy of this fee letter. If this fee letter is' accurate as to your understanding of our engagement, please sign and date page two where indicated and return the copy to us. We look forward to assisting you in this matter, and we appreciate the confidence you have shown in us by permitting us to be of service to you. Very truly yours, SMS/dmh Enclosure I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND REPRESENTATION BY KNIGHT & ASSOCIATES, P.C. Dated: Marie Metcalf F:\Uv:r Fol.l[tFi.m Oc[a'Genl V:W5U866-II[e lei\nry! KNIGHT & ASSOCIATES, P.C. Financial Arrangements with Clients 1. Fees. Many factors are taken into account in billing for our services, including the hourly billing rates of the lawyers and paralegals who work on the matter, the novelty and complexity of the issues involved, the urgency with which the services must: be performed, the extent to which an undertaking precludes us from representing other clients and the results achieved. In most instances, the number of hours spent by professional personnel is the principal basis for our fees. For your convenience, we accept Visa and Mastercard. 2. Hourly Billing Rates. Currently, my hourly billing rate is S140.00. Gregory H. Knight's hourly billing rate is $150.00. Our law clerk's, legal assistant's and paralegal's hourly rate is currently $75.00. The hourly rates are reviewed periodically and may increase or change during the course of our engagement on your behalf. 3. Determination of Final Fee. You may receive interim billings which will be based on the hourly billing rates of attorneys and paralegals involved in the undertaking. Determination of the total final fee will await ultimate conclusion of each matter so that all factors may be considered properly. 4. Disbursements. Most engagements require that certain advances be made on your behalf by us from time to time. Out-of-pocket expenses for travel, toll-calls, filing fees and similar items, and for certain administrative services such as photocopying, telecopy or fax transmissions and receipt, computer assisted research, special delivery and secretarial overtime specifically related to this matter will be separately billed and identified on our statements. As a result of delays in billings to our office, certain disbursements may not be billed by us on the statements on which related services are billed. 5. Periodic Billings. Unless we have made other arrangements„ it is our policy to render monthly statements for professional services. Usually, we prepare and mail statements at the end of the month in which substantial services have been rendered and/or disbursements have been incurred. We expect that our statements will be paid upon presentation, but, in any event, within 30 days after you receive the statement. The amounts paid on our interim billings are applied to the total final fee. 6. Administrative Charge. In the event our statements for fees and disbursements are not paid within thirty days after you receive them, we reserve the right to impose a charge at the rate of eighteen percent (18%) per annum on the balance due to help defray the additional cost of carrying and administering a delinquent account. F.: L- 1.111Firm M.'a!Gen1 V $UOS 38111(- kl- v,d 7. Advance Aaainst Fees. In accordance with our policy, we generally require an advance from new clients or with respect to significant new matters for existing clients in an amount appropriate to the engagement. The advance is in the nature of a deposit held by us on account of our continuing investment of time and effort. Even though we may hold an advance, we expect payment periodically as statements are issued for services rendered as reflected by interim billings. We will apply the advance to the final billing. 8. Funds Held in Escrow. During the course of our engagement, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and disbursements before remitting the balance to you. 9. Termination. You may terminate this firm's representation in a matter at any time. However, we have the same right and will exercise that right if the balance due for legal fees exceeds $500.00 and we have not agreed on a payment plan acceptable to this firm Please do not hesitate to ask us any questions you may have with regard to our billing practices or the nature and extent of our undertaking on your behalf. P:'L'ur Fo1JVe'Flm? pxrvi<nI VEW5U96611ee IevecwpJ Exhibit "B" KNIOHT&AssocIATES P.C. Attorneys at Law December 20, 2005 Marie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 RE: Jerald L. Metcalf v. Marie W. Metcalf (Custody) No. 2005-3704 Our File No. 3866.1 Dear Marie: Enclosed please find a copy of an Order of Court dated December 16, 2004 continuing your Custody Hearing to April 3, 2006, at 9:30 a.m. Please contact me or have someone from your family contact me on your behalf as soon as possible. I need to know ifyou want me to continue to represent you. If you do want me to continue to represent you, we will need to be in communication in order to prepare for the hearing. Please contact me by January 13, 2006. I have not petitioned to withdraw as your counsel because I discovered that your lack of communication with me may have been due to illness. If I do not hear from you by January 13, 2006, I will assume that you no longer want me to represent you and I will petition the Court to withdraw as your counsel. Very truly yours, Enclosure SMS/dmh rWm FWd,'f-pxrceduM'Jg 9-1-, 2.uye 11 Roadway Drive Suite B Carlisle, PA 17013-8806 ¦ 717-249-5373 717-249-0457 fax Exhibit "C" KNIGHT & ASSOCIATES P.C. Attorneys at Law January 13, 2006 Marie Metcalf c/o Holly Metcalf 660 Crane Avenue Livermore, California 94551 RE: Jerald L. Metcalf v. Marie W. Metcalf (Custody) No. 2005-3704 Our File No. 3866.1 Dear Marie: Pursuant to my conversation with your daughter, Holly, enclosed please find a Praecipe to Withdraw Appearance. Please sign the Praecipe where indicated and mail it back to me. I will file it and forward a time-stamped copy to you after filing. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, HT ASSOCIATES Se Shultz Enclosure SMS/dmh n n rwM FMdR Fim, aK:m?,iv,aomiem.m?.t.ye 11 Roadway Drive Suite B Carlisle, PA 17013-8806 ¦ 717-249-5373 717-249-0457 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff CIVIL ACTION - LAW V. MARIE W. METCALF, IN CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Marie W. Metcalf, Defendant in the above- captioned matter, and enter Ms. Metcalf's appearance as pro se. ASSOCIATES, P Date: 1/ /- 06 Date: F:\Us,,F.I&eFi-Dow\Gand«s2006U866-1,.,. cwiNdnw u,d Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Marie W. Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 (717) 448-4601 Exhibit "D" 1 n F KNIGHT & AssoclATES) PC. Attorneys at Law January 31, 2006 Marie Metcalf c/o Holly Metcalf 660 Crane Avenue Livermore, California 94551 RE: Jerald L. Metcalf v. Marie W. Metcalf (Custody) No. 2005-3704 Our File No. 3566.1 Dear Marie: On January 13, 2006, I mailed a Praecipe to you for your signature. To date I hate not received the Praecipe or heard from you. If you have not done so already, please sign the Praecipe and return it to me as soon as possible. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, T & ASSOCIATEEEESP.C. KITi Sin-Pvt. Shultz SMS/dmh cc: Marie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 F Ca FoLtu Fnn OI-zC",11 nM@on-Imoi]vpJ I l IL n«hc.n Dmc Jultr 11 C'..irli'lc, f'.-A 1701 } yA?h 12 !17-22#`>-33i3 r11-'41>-,4?7 t.?? ?...:> y i CEIVE7 MAR U U "t-_ k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff V. MARIE W. METCALF, Defendant CIVIL ACTION ORDER OF COURT NOW, this -- (- day of March, 2006, on Petition of Sean M. Shultz, Esquire, a Rule is hereby issued upon Defendant, Marie W. Metcalf, and Plaintiff, Jerald L. Metcalf, to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant. Rule returnable - 2- o days after the date of this order. Service to be by certified mail upon Defendant and upon Plaintiffs attorney of record, John H. Broujos, Esquire. By the Court, D C? ., ?? -, ? v <; . , j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff V. CIVIL ACTION MARIE W. METCALF, Defendant MOTION OF SEAN M. SHULTZ, ESQUIRE TO MAKE RULE TO SHOW CAUSE ABSOLUTE Sean M. Shultz, Esquire, respectfully moves this Court to make absolute the rule to show cause which was issued in the above-captioned matter on March 8, 2006, and in support states the following: Sean M. Shultz, Esquire, filed a Petition for Rule to Show Cause on March 2, 2006. On March 8, 2006, this Court issued a rule on Defendant, Marie W. Metcalf, and Plaintiff, Jerald L. Metcalf, to show cause why Petitioner, Sean M. Shultz, Esquire, should not be permitted to withdraw as counsel for Defendant, returnable 20 days after the date of the Order, which is March 28, 2006. On March 10, 2006, Sean M. Shultz, Esquire, caused a copy of the rule to be served on Defendant, Marie W. Metcalf, and Plaintiff, Jerald L. Metcalf, by certified and regular mail. A true and correct copies of the transmittal letters are attached as Exhibit "A." 4. Plaintiff, Jerald L. Metcalf was served on March 13, 2006. A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof Defendant, Marie W. Metcalf was served on March 16, 2006. A copy of the US Postal Service Certified Mail Receipt and Track & Confirm from the United States Postal Service is attached hereto as Exhibit "C"and by reference incorporated herein and made a part hereof. 6. Plaintiff, Jerald L. Metcalf and Defendant, Marie W. Metcalf have failed to answer the petition of Sean M. Shultz, Esquire to date. WHEREFORE, Sean M. Shultz, Esquire requests that this Court make the rule to show cause absolute and grant the petition to withdraw as counsel. Respectfully submitted, PLIQHT & ASSO TES ean M. Shultz, squire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Petitioner VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unworn falsification to authorities. Date: 7 rennoner Exhibit "A" KNIGHT&AssociATES PC Attorneys at Law March 10, 2006 VIA U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED John H. Broujos, Esquire Broujos K Gilroy, PC 4 North Hanover Street Carlisle, Pennsylvania 17013 RE: Jerald L. Metcalf v. Marie W. Metcalf Civil Action No. 05-3704 Our File No. 3866.1 Dear Attorney Broujos: Enclosed please find a copy of an Order of Court dated March 8, 2006 in the above- referenced matter. Should you have any questions, or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, NIGHT & AS? Iltz Sean . Sl SMS/dmh Enclosure F4px FoW, Finn ?xg G<nIV Gunlv`OU£ 3"""b +p? I I Ra:,?1 'N.ic L>rlvc tiuim R C.,rl i.lr. CA 1701 3-t3ti06 a 717-_24) 5',73 717-24`>--N 7 r.?? IwICHT&AssoclATES P.C. Attorneys at Law March 10, 2006 VIA U.S. CERTIFIED S REGULAR MAIL RETURN RECEIPT REQUESTED Marie Metcalf Marie Metcalf 775 Marsh Road, Apt. 4 c/o Holly Metcalf Menlo Park, California 94025 600 Crane Avenue Livermore, California 94551 RE: Jerald L. Metcalf v. Marie W. Metcalf Civil Action No. 05-3704 Our File No. 3566.1 Dear Marie: Enclosed please find a copy of an Order of Court dated March S, 2006 in the above- referenced matter. Should you have any questions, or wish to discuss this matter further, please do not hesitate to contact me. SMS/dmh Enclosure I l Roa.hc,,c hrloc juiic R Curl i;Ic, PA 170 I 3-SR1'6 V 717--L40-537 717-241)-J4i, Ltv Very truly yours, Exhibit "B" HARRISBURG PA ] 7 ¦ 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: ?JAYI H. 13rovjosI Lsq t0bJ054C7iIrv y,Pc 4 N. 4aAove( sf. A. / v ,tom`. ? Addressee B. eceived by A;W d Name) C Date of Delivery 0. Is delave address different from item 1? 0 Yes If YES, ente/r delivery address below: ? No 3. ?S.e/0yce Type Ocertifed Mail ? Express Mail ? Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (E+fra Fee) 13 Yes z. Arta` (rran 7005 1160 0002 1108 9377 PS Form 3811, February 2004 Domestic Return Receipt 102505-02-1,4-1540 I HI III If 11 11 It 11 If Ii Exhibit "C" USPS - Track & Confirm Pale I oC I UNITEDSTATES J PO5TAL SERVICE: Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7005 1160 0002 1108 9384 Status: Delivered Track & Confirm Enter LabeUReceipt Number Your item was delivered at 11:26 am on March 16, 2006 in MENLO PARK, CA 94025 Additional Details> Rearm to USPS.corn!lame Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go POSTAL INSPECTORS site map contact us government services jobs Nationi Premier Accounts Preserving the Trust Copyright J 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy GLR I IHtU MAP (OomeaNc Mail Only; Ne m ------------------ D - ra Postage N 0 Cenlfied Fee Postrnsark Return Receipt Fee (Endorsement Required) Hen ore -B E3 Restdcted Delivery Fee (Endrsememivery e „ / 1 .? ( ? . rl Total Postage & Fees 1 e1 O --- St t-A.-. ---- ------------ Cs e PS Form 3800, June 2002 25 See Reverm for histru http://trkcnfrml .srni.usps.com/PTSInternetWeb/InterLabcllnquiry.do 3/27/2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff v. CIVIL ACTION MARIE W. METCALF, Defendant q CERTIFICATE OF SERVICE AND NOW, this I?day of March, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion to Make Rule Absolute by first class, United States Mail, postage pre-paid, addressed as follows: John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Marie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, California 94025 Defendant Marie Metcalf c/o Holly Metcalf 600 Crane Avenue Livermore, California 94551 Defendant Respectfully submitted, GHT & ASS elYj Sean M. Shultz, re Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Petitioner ? _? (. r) it C. ?., ,. - - _. , _ _i ? ?-:.^? I n.7 ?i.? _ i P- _? _.r ?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERALD L. METCALF, No. 05-3704 Plaintiff V. CIVIL ACTION MARIE W. METCALF, Defendant ORDER OF COURT AAR 2 11 2006 NOW, this-2A It dayof (Hyt-U,2006, on Motion of Sean M. Shultz, Esquire to make this Court's March 8, 2006 Rule to Show Cause absolute, it is hereby ordered that the Rule is made absolute and Sean M. Shultz, Esquire is withdrawn as counsel for Defendant, Marie W. Metcalf, and Defendant shall proceed pro se unless and until she has secured other counsel. 6) a G v ta;jt JERALD L. METCALF, Plaintiff v MARIE W. METCALF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-3704 CIVIL TERM IN CUSTODY IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 3rd day of April, 2006, upon consideration of Plaintiff's Complaint for Custody in the above-captioned matter, and pursuant to a motion made orally in open court by Plaintiff's counsel on today's date at a proceeding which the Defendant did not attend, the hearing in this matter is continued until Thursday, May 25, 2006, at 1:30 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending further Order of Court, the custodial terms of the order dated August 25, 2005, shall remain in full force and effect. John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 For Plaintiff Marie W. Metcalf 775 Marsh Road Apartment #4 Menlo Park, CA 94025 Defendant, pro se 41 mae By the Court, ti ;?; i' ,:?; ?- ;.. ?;,'_: «. ?- c,_ i:, t` Z?J kk JERALD L. METCALF, Plaintiff V. MARIE W. METCALF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3704 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 26 h day of May, 2006, upon consideration of Plaintiff's complaint for custody with respect, to the parties' child, James Austin Metcalf (d.o.b. November 10, 1997), and following a hearing held on May 25, 2006, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in the father; 3. Temporary or partial physical custody of the child shall be in the mother at the following times: a. During the school year: (1) During Christmas vacation, from the day after commencement of the vacation until the day before the resumption of school; (2) At any other time when the mother is in Cumberland County, Pennsylvania, for a visit; b. During the summer, from three days after commencement of the summer vacation until three days prior to resumption of school; provided, that the father shall have one week of custody during this period, Vin,," t1 ,?1 r k which week shall be selected by the mother and shall be noticed to the father at the beginning of the summer. 4. Financial responsibility for transportation for all exchanges of custody provided for herein, with the exception of those occasioned by visits of the mother to Cumberland County, shall be that of the father. 5. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. BY THE COURT. J ,466 H. Broujos, Esq. Attorney for Plaintiff Aarie Metcalf 775 Marsh Road, Apt. 4 Menlo Park, CA 94025 Defendant, pro Se :rc 4 IOU 3 JERALD L. METCALF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARIE W. METCALF, Defendant 05-3704 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 25th day of May, 2006, upon consideration of the complaint for custody filed by the Plaintiff in the above-captioned matter with respect to the parties' child, James Austin Metcalf, and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, Wesley Oke , Jr., J. John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 For Plaintiff Marie W. Metcalf 775 Marsh Road, Apt. 4 Menlo Park, CA 94025 Pro se Defendant c.es 5, 3e OL :mae {4! +^ a et31??C `uvr _ i ; a 3Hi 3C) 31.-?f:--3113 JERALD L. METCALF, Plaintiff V. MARIE W. METCALF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-3704 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: PETITION TO MODIFY CUSTODY AND NOW, the Plaintiff, Jerald L. Metcalf, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., avers the following: 1. The Petition of Plaintiff/Father Jerald L. Metcalf respectfully represents that on May 26, 2006, the Honorable J. Wesley Oler, Jr. entered an Order of Court for custody. A true and correct copy of the custody order is attached as Exhibit "A". 2. According to the terms of the May 26, 2006 Order, Plaintiff/ Father and Defendant/Mother share legal custody of their child: James Austin Metcalf, born November 10, 1997, with Plaintiff/Father having primary physical custody and Defendant/Mother having temporary physical custody as follows: a. During the school year, (1) during Christmas vacation, from the day after t of the vacation until the day before the resumption of school; (2) at any other time when the mother is in Cumberland County, Pennsylvania, for a visit; b. During the summer, from three days after commencement of the summer vacation until three days prior to resumption of school; provided, that the father shall have one week of custody during this period, which week shall be selected by the mother and shall be noticed to the father at the beginning of the summer. 3. This Order should be modified because: a. Plaintiff/Father is petitioning this Honorable Court to alter the summer custody schedule to provide Plaintiff/Father with the first full week of custody at the beginning the summer break and the last full week of custody prior to the resumption of school. b. Plaintiff/Father is petitioning this Honorable Court to alter the holiday custody schedule to allow the parties to alternate the holidays of Thanksgiving and Christmas. Plaintiff/Father is proposing that for 2009 and all odd-numbered years, Father would exercise custody for the child's Thanksgiving break and Mother would exercise custody for the child's Christmas break, and for 2010 and all even-numbered years, Father would exercise custody for the child's Christmas break and Mother would exercise custody for the child's Thanksgiving break. c. Plaintiff/Father is requesting a change to the summer schedule because the child has been diagnosed with ADHD and it has been recommended by his medical providers as well as his school to have the child return earlier in order to adjust to his schedule for school. d. Plaintiff/Father is requesting the change to the holiday schedule because the subject minor child now has a sister, age 3, at his home with his Father and he would like the opportunity for the children to spend alternating Christmases together. e. The current custody Order places the financial responsibility for travel costs for custody solely on Plaintiff/Father. f. Plaintiff/Father is requesting that the Defendant/Mother be responsible for the travel costs for one of the custodial visits per year. g. Plaintiff/Father has experienced a significant financial burden by being solely responsible for travel costs. h. Defendant/Mother is the parry that relocated to California and should therefore be responsible for some of the travel costs for the minor child. i. Plaintiff/Father believes that a modification as requested above would provide stability and permanency to the child and be in the best interest of the child. WHEREFORE, the Petitioner requests that this Honorable Court modify the existing Order for custody because it will be in the best interests of the child. Respectfully submitted, DATE 12- Oz ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty F Attorney for Plaintiff ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, JERALD L. METCALF, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date /> I JERALD L. METCALF CERTIFICATE OF SERVICE AND NOW, this; '"`d'ay of December, 2009, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Petition to Modify Custody on the Defendant, via Certified U.S. mail, First Class, postage prepaid, addressed as follows: Marie Metcalf Pro Se Defendant 4347 Fair Oak Avenue Menlo Park, CA 94025 Kara W. Haggerty, s t e t'iy`_-.J k 1 i rl nn- A, f. TA rs? THE 2009 GcC -2 Fri 23, - "i I aJilt ?,?.? X30 7 ,? ,31q/q OM & &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 JERALD L. METCALF, Plaintiff V. MARIE W. METCALF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 05-3704 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Jerald L. Metcalf, in the above- captioned action. DATE 12-1123 0 C Respectfully submitted, ABOM&KUTULA"S, L.L.P. 4z ' ?Cht, Kara W. Haggerty Attorney for Plainti ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 FILE 20Q9 DEC -3 AM 9: 22 JERALD L. METCALF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARIE W. METCALF DEFENDANT 2005-3704 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January. 12, 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. By: /s/ Jacqueline M. Verney, 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 OF nHPioiF?CE Zip! DEC -7 F 3= 00 JERALD L. METCALF, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3704 CIVIL TERM . t r< ^ MARIE W. METCALF, Defendant. < J CIVIL ACTION - LAW IN CUSTODY a ? PRAECIPE TO ENTER APPEARANCE To the Prothonotary: _f Please enter the appearance of the Family Law Clinic on behalf of Marie Metcalf, the Defendant, in the above captioned matter. March 18, 2010 am D. Truong Certified Legal Intern Megan Itiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JERALD L. METCALF, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3704 CIVIL TERM MARIE W. METCALF, CIVIL ACTION - LAW Defendant. IN CUSTODY n CERTIFICATE OF SERVICE co J I, Lam D. Truong, Certified Legal Intern, Family Law Clinic, hereby certify that I am -. t serving this date a true and correct copy of the foregoing Praecipe to Enter Appearan& bf thF3 n -J +N Family Law Clinic by sending copies of the same in the United States mail, first class, postage prepaid, to the following persons: Kara Haggerty, Esq. Counsel for the Plaintiff Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013 Jacqueline M. Verney, Esq. Custody Conciliator 44 S. Hanover St. Carlisle, PA 17013 Dated: /,?(O d/ am D. Truong Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 0 % JERALD L. METCALF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 05-3704 CIVIL TERM MARIE W. METCALF, CIVIL ACTION - LAW Defendant IN CUSTODY r, Zc) }i AFFIDAVIT OF SERVICE C7 z-; :L- 1.71 I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and co ct c6iy CM of the Custody Complaint upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Marie Metcalf at Menlo Park, Carlifornia, addressed as follows: Marie Metcalf 4327 Fair Oaks Avenue Menlo Park, CA 94025 Return card acknowledging receipt on March 8, 2010, is attached as Exhibit "A". ABOM & KUTUL 11f s, LLP z? _ ?Z- Date: Kara W. Haggerty, ZI Attorney LD. No: 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff n hip- N :1-7 Z5 ?` cc w ¦ 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 maiipiece, or on the front If space permits. 1. Article Addressed to: KU- A. Signature x%/ /1w ? Agent B. Reeved by ( Printer! Name) Y C. Date of Delivery Oarit mela/A D. Is delivery address different from item 1? ? Yes If YES, enter delivery ? No 9T 0 3. "Type y C ed Mail ? Registered for,Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Anicle um ( from ?008 1830 0003 5942 5340 r-ww from service ?abetJ r?anster - PS Form 3811, February 2004 Dwnft c Rstum RsoW 10269E-0Q#t640 EXHIBIT "A" CERTIFICATE OF SERVICE AND NOW, this 22" day of March, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTUI.AKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Affidavit of Service by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Marie Metcalf 4327 Fair Oaks Avenue Menlo Park, CA 94025 Respectfully submitted, f1BOM & KUTUL 4ias, L IMP Kara W. Haggerty, S 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for plaintiff MAY i T 2010 JERALD METCALF, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-3704 CIVIL ACTION -LAW MARIE W. MECALF, C o "~ Defendant : IN CUSTODY ~ ~~ r; 7 r.-.~ ° 3 ' C~ -~.~ ~~t T ORDER OF COURT ~=. ~ ~~~~ ~'``' 1 ~ , ~~ ~~. L? ~ ~{ ,~ c AND NOW, this ~~ day of z , 2010, upon, o ;~ ~ consideration of the attached Cust ody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Order of Court dated May 26, 2006 is hereby vacated. 2. The Father, Jerald Metcalf and the Mother, Marie W. Metcalf, shall have shared legal custody of James Austin Metcalf, born November 10, 1997. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody. 4. Temporary or partial physical custody of the child shall be in the mother at the following times: A. During the summer from seven (7) days after commencement of the summer vacation until seven (7) days prior to the resumption of school; and B. At any other time when the Mother is in Cumberland County, Pennsylvania for a visit. Holidays shall be exercised as follows: A. Thanksgiving: Father shall exercise custody for the child's Thanksgiving break from school in all odd-numbered years, and Mother shall exercise custody for the child's Thanksgivings break from school in all even-numbered years. B. Christmas: Father shall exercise custody for the child's Christmas break from school in all even-numbered years and Mother shall exercise custody for the child's Christmas break form school in all odd-numbered years. 6. Financial responsibility for transportation for all exchanges of custody provided for herein, with the exception of those occasioned by visits of the Mother to Cumberland County, shall be that of the Father. 7. 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. cc: Ira W. Haggerty, Esquire, Counsel for Father ./Megan Riesmeyer, Esquire, Family Law Clinic, Counsel for Mother s~r3~,o ~rY1 BY THE COURT, JERALD METCALF, Plaintiff V. MARIE W. MECALF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-3704 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 James Austin Metcalf November 10, 1997 Father 2. A Conciliation Conference was held in this matter on May 11, 2010, with the following in attendance: Counsel for Father, Kara W. Haggerty, Esquire and counsel for Mother, Megan Riesmeyer, Esquire, Family Law Clinic. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated May 26, 2006 providing for shared legal custody, with Father having primary physical custody and Mother having physical custody in the summer. 4. The parties agreed to an Order in the form as attached. Date: S - l I - / v r" ` v acq ine M. Verney, Esquire Custody Conciliator PROTHONOTARY FOR THE COUNTY OF CUMBERLAND IN THE COMMONWEALTH OF PENNSYLVANIA IN RE: =''r --? -v METCALF V. METCALF IN CUSTODY 2005-3704 5 , PRAECIPE TO WITHDRAW AS COUNS EL TO THE PROTHONOTARY PLEASE WITHDRAW MY APPEARANCE AS COUNSEL IN THE ABOVE-REFERENCED MATTER SINCE I HAVE RETIRED FROM PRACTICE AND HAVE NOT BEEN INVOLVED FOR SOME TIME. KARA HAGGERTY IS THE ATTORNEY WHO REPLACED ME. i DATE: 10-24-2011 Jo H. BROUJOS ATTORNEY ID #6268 4 NORTH HANOVER ST. CARLISLE, PA. 17013 PHONE: 717-243-4574