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HomeMy WebLinkAbout05-4572Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN MARIE COMENSKY, Plaintiff V. :NO. DS- 9S7J- l?tci ( Tr_ SCOTT GLENN BATSON, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, ANN MARIE COMENSKY, by and through her attorney, Maryann Murphy, Esquire, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is ANN MARIE COMENSKY who resides as 324 Pinewood Drive, Shiremanstown, Cumberland County, Pennsylvania 17011 2. The Defendant is SCOTT GLENN BATSON who resides at 46o Division Street, Apartment 5, Pleasanton, California 94566. 3. The Plaintiff seeks primary physical custody of the following children: MAXIMILLIAN MATTHEW BATSON, born June 21, 1997 and ALEXANDER JAMES BATSON, born July 26, 1999 4. The children were born out of wedlock. They currently reside with the Plaintiff. 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address WithWhom birth-6/1999 Camp LeJeune Plaintiff and Defendant North Carolina 6/1999-2/2000 Camp Weune Plaintiff North Carolina 2/2000-5/2000 Oceanside, California Plaintiff and Defendant 5/2000-5/2001 Oceanside, California Plaintiff 5/2001-5/2003 Temecula, California Plaintiff (Defendant someweekends) 5/2003-6/2004 Camp Pendleton Plaintiff California 6/2004-present 324 Pinewood Drive Plaintiff Shiremanstown, PA 6. The father of the children is SCOTT GLENN BATSON. He is single. 7. The mother of the children is ANN MARIE COMENSKY. She is single. 8. The children currently reside with Plaintiff. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other Court. u. The 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. 12. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical custody, with shared legal custody in Plaintiff and Defendant. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of MAXIMILLIAN and ALEXANDER- Respectfully submitted, J?A't A( Maryann M hy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff VERIFICATION I, ANN MARIE COMENSKY, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. r> ?.> ca C, - .' C.17 i ?3 CA CIO . < ANN MARIE COMENSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT GLENN BATSON DEFENDANT 05-4572 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, October 07, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greew, Esq. ?y 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 *,?q, i, Saba RECEIVED O T 17 779dy/ ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT GLENN BATSON, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this t,8 1? day of D A, , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born January 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or alternate holidays by mutual agreement. The parties shall.confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW NO. 05-4572 CIVIL TERM 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: J. Dist: -1fa;ann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Cott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 iD IS ? S RECEIVED OCT 17 2005 A ANN MARIE COMENSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. SCOTT GLENN BATSON, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Maximillian Matthew Batson January 21, 1997 Alexander James Batson July 26, 1999 Mother Mother 2. A Custody Conciliation Conference was scheduled for October 7, 2005 following Mother's filing of a September 6, 2005 Complaint for Custody. Attending the Conference were: the Mother, Ann Marie Comensky, and her counsel, Maryann Murphy, Esquire. The Father, Scott Glenn Batson, did not appear. However, the Conciliator was able to speak with him by telephone during the Conference to gain his input. Counsel did not appear on Mr. Batson's behalf. 3. Mother's position on custody is as follows: Mother resides in Shiremanstown, Pennsylvania where she and the children have lived since June of 2004. Prior to moving to Pennsylvania in June of 2004, Mother visited from California in the fall of 2003 in order to purchase a home. She subsequently returned to California for several months prior to her move. Mother reports that Father was aware of her impending move and not only assisted her in that endeavor but took no steps to stop her. She seeks an Order confirming primary physical custody of the children. She does not seek a specific Order of partial custody because Father resides in California and his work schedule does not make a predictable pattern of custody practical for the boys. The boys are presently enrolled in Elmwood Elementary School in the Mechanicsburg School District. Last academic year, they attended Shiremanstown Elementary School. Because this school has closed by the district, they were transferred to their present school. NO. 05-4572 CIVIL TERM Mother reports that Father has provided a cell phone to facilitate telephone contact between himself and the children and that she has no objection to his having reasonable telephone contact with the children. She also reports that parties have agreed to share time at holidays and have already agreed to some arrangements for Thanksgiving 2005 and Christmas 2005. 4. Father's position on custody is as follows: Father resides in California where he is employed full-time. The Conciliator spoke with Father who acknowledges that the children live in Pennsylvania and acknowledges that he received papers from the attorney with regard to the Conference. Father indicated that because he was at work, it would be difficult to participate by phone. Father was given the opportunity to express his concerns which include his desire to have frequent telephone contact with the children and to be informed of where the boys are "at all times." He stated his belief that he has a right to know where the children are at all times because they are his children. Father indicated that he believed that he had not been properly served for the Conference in accord with legal advice he claims to have obtained. Father also stated his opinion that Mother left California with the children without his agreement. 5. The Conciliator recommends an Order in the form as attached which provides for confirmation of the status quo which appears to have been in place in excess of twelve (12) months. The provisions of the Order address Father's concerns for reasonable telephone contact and provide an expectation that the parties will work cooperatively for periods of partial custody while providing Mother with some advance notice of those periods so that she and the children can make plans and have activities which would not be subject to cancellation in the absence of adequate notice. The Conciliator recommended a one- week notice period for non-holiday and non-vacation times based in part on an assumption that an employer would likely require at least one week's notice for an employee to have time off from work. The Order further provides for periods of vacation and holiday time with both parents so that the children can continue to enjoy these times with both sides of the family. /V D to Custody Conciliator :260755 ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4572 CIVIL TERM V. SCOTT GLENN BATSON, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of N V , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or alternate holidays by mutual agreement. The parties shall confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) CIVIL ACTION - LAW i, i • i r ', 7 c .., ..., ? ._?;?i ' ?11 ?:; ri =i?'c? NO. 05-4572 CIVIL TERM 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. Dist: vMaryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 :.8cott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 O, l? \0 ANN MARIE COMENSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. SCOTT GLENN BATSON, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Maximillian Matthew Batson June 21, 1997 Alexander James Batson July 26, 1999 Mother Mother 2. A Custody Conciliation Conference was held on October 7, 2005 following Mother's filing of a September 6, 2005 Complaint for Custody. Subsequent to the Conference and the Court's issuance of the Order, the Conciliator was notified of an error in the Report and Order regarding the birth date of one of children. The Order attached is issued to correct the birth date. Lg-105 Date Melissa Peel Greevy, Esquire Custody Conciliator :262837 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN MARIE E. COMENSKY, ) Plaintiff ) V. ) No. 05-4572 SCOTT G. BATSON, ) Defendant ) Petition for Contempt and Modification 1. Petitioner is Defendant, SCOTT G. BATSON, who currently resides at 4435 First St PMB 161, Livermore, Alameda County, CA 94551. 2. Respondent is Plaintiff, ANN MARIE E. COMENSKY, who currently resides at 324 Pinewood Dr, Shiremanstown, Cumberland County, PA 17011. 3. Petitioner and Respondent are the natural parents of the following children: Name Age MAXIMILLIAN M. BATSON 11 years ALEXANDER J. BATSON 9 years 4. A custody order was entered on 18 October 2005, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Ms. Comensky has continually hidden the children from me (first in January 2006, and several more times since then). She has repeatedly kept me from talking to them by shutting off their phones. I contacted her by phone and e-mail on July 30, 2008 and notified her of the days that I wanted to visit the children for the remaining holidays in 2008. She called back at 11:09 a.m. (PST) and stated that she was not going to let me see the children anymore. 6. Petitioner seeks to modify the custody order because: Ms. Comensky's past and current actions and behavior have forced me to file for a restraining order in California. Ms. Comensky has struck me on several different occasions, including once in the presence of our Petition for Contempt and Modification Page 3 of 6 children. A complaint was filed with the Lower Allen Township police department after that incident. On at least one occasion Ms. Comensky has gone out and then forgotten to pick up our children because of drinking. In July 2008, during our children's last stay in California, Ms Comensky started drinking by herself early in the afternoon. By 5:30 that afternoon Ms. Comensky was passed out on the floor. Her family continuously makes disparaging remarks about me to the children, including her mother repeatedly telling our children that I am not their father. Currently I have been receiving harassing phone calls from her boyfriend who has left quasi religious messages on my phone stating that I am an evil force and he will rebuke and defeat me. Ms. Comensky has stated that he also makes similar statements around our children. I believe his extremist religious statements and views interfere with my right as a parent to choose what religious elements my children are exposed to. Further, Ms. Comensky has stopped bringing my youngest son to church and has started attending her boyfriend's church. Because of the erratic behavior of Ms. Comensky, and her inability to manage the behavior of the people that our children are exposed to, I believe our children would be in a much more stable and safe environment with their father. 7. Petitioner believes the custody order should be changed as follows: Physical custody should be awarded to the father. W Petition for Contempt and Modification Page 4 of 6 Verification I, SCOTT G. BATSON, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unworn falsification to authorities. Date: 3 j J U LY 2009 y l!? ? - SCOTT G. BATSON, Defendant Petition for Contempt and Modification Page 5 of 6 ANN MARIE COMENSKY, Plaintiff V. SCOTT GLENN BATSON, Defendant TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this _L_ day of (UP1. , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born January 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or alternate holidays by mutual agreement. The parties shall. confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) OFt- av?or?a r RECEIVED OCT 177 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW NO. 05-4572 CIVIL TERM (}?_ c?vtiqu? r 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual-agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COUR J. Dist: Maryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Scott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 Ttlf w1h reof YR he 0d r: e s I said o rt T ......... of. CM I/ 0...... nyiy hand ? . Pa. ,J .f ANN MARIE COMENSKY, Plaintiff V. SCOTT GLENN BATSON, Defendant 08-00G059 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersighed Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Maximillian Matthew Batson January 21, 1997 Alexander James Batson July 26, 1999 CURRENTLY IN THE CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was scheduled for October 7, 2005 following Mother's Ming of a September 6, 2005 Complaint for Custody. Attending the Conference were: the Mother, Ann Marie Comensky, and her counsel, Maryann Murphy, Esquire. The Father, Scott Glenn Batson, did not appear. However, the Conciliator was- able to speak with him by telephone during the Conference to gain his input. Counsel did not appear on Mr. Batson's behalf. 3. Mother's cosition on custody is as follows: Mother resides in Shiremanstown, Pennsylvania where she and the children have lived since June of 2004. Prior to moving to Pennsylvania in June of 2004, Mother visited from California in the fall of 2003 in order to purchase a home. She subsequently returned to Califomia for several months prior to her move. Mother reports that Father was aware of her impending move and not only assisted her in that endeavor but took no steps to stop her. She seeks an 'Order confirming primary physical custody of the children. She does not seek a specific Order of partial custody because Father resides in California and his work schedule does not make a predictable pattern of custody practical for the boys. The boys are presently enrolled in Elmwood Elementary School in the Mechanicsburg School District. Last academic year, they attended Shiremanstown Elementary School. Because this school has closed by the district, they were transferred to their present school. AAA (_> %, - a0 to 0 5`l NO. 05-4572 CIVIL TERM Mother reports that Father has provided a cell phone to facilitate telephone contact between himself and the children and that she has no objection to his having reasonable telephone contact with the children. She also reports that parties have agreed to share time at holidays and have already agreed to some arrangements for Thanksgiving 2005 and Christmas 2005. 4. Father's position on custody is as follows: Father resides in California where he is employed full-time. The Conciliator spoke with Father who acknowledges that the children live in Pennsylvania and acknowledges that he received papers from the attorney with regard to the Conference. Father indicated that because he was at work, it would be difficult to participate by phone. Father was given the opportunity to express his concerns which include his desire to have frequent telephone contact with the children and to be informed of where the boys are "at all times." He stated his belief that he has a right to know where the children are at all times because they are his children. Father indicated that he believed that he had not, been properly served for the Conference in accord with legal advice he claims to have obtained. Father also stated his opinion that Mother left California with the children without his agreement. 5. The Conciliator recommends an Order in the foram as attached which provides for confirmation of the status quo which appears to have been in place in excess of twelve (12) months. The provisions of the Order address Father's concerns for reasonable telephone contact and provide an expectation that the parties will work cooperatively for periods of partial custody while providing Mother with some advance notice of those periods so that she and the children can make plans and have activities which would not be subject to cancellation in the absence of adequate notice. The Conciliator recommended a one- week notice period for non-holiday and non-vacation times based in part on an assumption that an employer would likely require at least one week's notice for an employee to have time off from work. The Order further provides for periods of vacation and holiday time with both parents so that the children can continue to enjoy these times with both sides of the family. ? Defte Custody Conciliator :260755 V 0?' viJ tov? ? ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4572 CIVIL TERM V. SCOTT GLENN BATSON, Defendant CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this, day of U d - , 2005, upon consideration of the attached Custody. Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be- entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school 'records, the residence address of the children and of 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. 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or alternate holidays by mutual agreement. The parties shall confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for. the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School: District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) c.G - vv tg va 7 NO. 05-4572 CIVIL TERM 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Teleohone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual, agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the temps of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: Dist: Maryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Scott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 In Testimony wht.rcoF, I,- unto sLt my hand andRhe seal of said C1) t Carlisle, Pa. of.F.JU..V....... . 08- c6Gc59 ANN MARIE COMENSKY, Plaintiff V. SCOTT GLENN BATSON, Defendant IN THE COURT OF COMMON- PLLAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW • IN CUSTODY CUSTODY CONCIUAT10N SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Maximillian Matthew Batson June 21, 1997 Alexander James Batson July 26, 1999 CURRENTLY IN Tt1E CUSTODY OF Mother Mother 2. A Custody Conc illiation Conference was held on October 7, 2005 following Mother's filing of a September 6, 2005 Complaint for Custody. Subsequent to the Conference and the Court's issuance of the Omer, the Conciliator was notified of an error in the Report and Osier regarding the birth date of one of children. The Order attached is issued to correct the birth date. /I tfi- In .6 - Date Melissa Peel Greevy, Esquire Custody Conciliator :262837 J a w CPI ° C ANN MARIE E. COMENSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-4572 CIVIL ACTION LAW SCOTT G. BATSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 05, 2008 at 10:30 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/ Hubert X. Gilroy, Es q. ,4 Lr 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.-?q n 10 .C Wd L- MV BOOZ )&IQN H1Q8d 3HI JO 30P.Q- J ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Debra D. Cantor, Cheryl B IN THE COURT OF COMN CUMBERLAND COUNTY, NO. 05-4572 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY DN PLEAS OF 'ENNSYLVANIA an and McNees Wallace & Nurick LLC on behalf of Plaintiff in the above-captioned' m McNEES, WALLACE & NURICK, LLC By DelWa D. Cantor Attorney ID No. 6637 Cheryl B. Krentzman Attorney ID No. 2034 100 Pine Street Harrisburg, PA 1710 (717) 237-5297 (717) 260-1667 facsi 1166 file Dated: Z -7d9 CERTIFICATE OF SERVICE AND NOW, on this 27th day of August, 2008, 1 hereby certify a true and correct copy of the foregoing Answer and Counterclaims Petition for Contempt and Modification of Custody Order by first paid, as follows: Scott G. Batson 1671 Maralisa Court Livermore, CA 94551 Scott G. Batson 4435 First Street PMB 161 Livermore, CA 94551 I have served Defendant's mail, postage Ile Armour, Lejal Secretary Cl co r' w 1,0 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor@mwn.com ckrentzman@mwn.com Attorneys for Plaintiff ANN MARIE COMENSKY, IN THE COURT OF COM ON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY PLAINTIFF'S ANSWER AND COUNTERCLAIMS O DEFENDANT'S PETITION FOR CONTEMPT AND MODI ICATION AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Answer and Counterclaims to Defendant's Petition for Contempt and Modification and in support thereof avers as follows: 1. Denied. Petitioner/Defendant resides at 1671 Maraliso Court, Livermore, California 94551. By way of further answer, Petitioner/Defendant shill hereinafter be referred to as "Father." 2. Admitted. By way of further answer, Respondent/Pla be referred to as "Mother." 3. Admitted. 4. Admitted. By way of further answer, the most recent November 23, 2005, which was entered by Judge Oler after a shall hereinafter er is dated was held before Melissa Peel Greevy, Esquire. The November 23, 2005 Order replaced the October 2005 Order due to an error in one child's birth date. Both Orders granted Mother primary physical custody of the children, with Father having rights of partial custody as the parties agree. A true and correct copy of the November 23, 2005 Order is attached hereto as Exhibit "A." 5. Denied. Mother has not hidden the children from Father, she has not kept the children from talking with Father, nor has she stated that she is of going to permit Father to see the children anymore. To the contrary, as described i more detail in Mother's Counterclaim for Contempt, Father denied Mother the right to speak with and to see the children during his most recent period of partial custody in July 2008, and refused to relinquish the children at the end of his custodial period. Because of Father's actions, Mother was forced to seek the assistance of the police and the Alameda County Family Law Center in California to enforce the existing custody Order. 6. Denied. This averment sets forth the reasons why Father seeks to modify the custody order, and Mother is without sufficient knowledge to confirm or deny the reasons why Father seeks to modify custody. By way of further answer, Mother specifically denies any and all representations and allegations made lby Father in this 2 averment. The statements made by Father are inaccurate and co misrepresentation of facts. For example, although Father did file fora restraining order in California, Father's request was unsupported by the facts and was denied after a hearing in front of Judge Sue Alexander. As more specifically set forth below in Mother's Counterclaims for Contempt and Modification, Mother seeko to modify the current custody order because Father has displayed an inability to comply with the terms of that Order and because Father has exhibited irrational behavior that is contrary to the best interests of the children. 7. Denied. This averment sets forth what Father believes the custody order should be changed to, and Mother is without information to admit or deny that which Father may or may not believe. By way of further answer, Mother denies that physical custody should be awarded to Father. To the contrary, as set forth in Mother's Counterclaim for Modification, below, Mother believes that it is in thel best interests of the children for Mother to retain primary physical custody of the child having periods of supervised visitation to be exercised in Pennsylvania. WHEREFORE Plaintiff Ann Marie Comensky respectfully deny Defendant's Petition for Contempt and Modification. MOTHER'S COUNTERCLAIM FOR CIVIL CONTEMPT ISOBEDIENCE OF THE NOVEMBER 23.2005 CUSTO 8. The answers contained in paragraphs 1 through 7 are i by reference. , with Father that the Court FATHER'S rporated herein 9. The November 23, 2005 Order contemplates that Father shall have periods of partial custody as the parties mutually agree, with no less than one week's 3 notice to Mother. Father is also entitled to two weeks of vacation each year, which may be consecutive or non-consecutive. The holiday schedule is also to The arranged by mutual agreement. 10. Since the entry of the November 23, 2005 Order, and willfully failed to abide by the terms of said Order. 11. Most recently, Father refused to return the children to period of partial custody in July 2008 in California. The details su contemptuous acts are as follows: a. The parties agreed that Father's period of has repeatedly following his ing Father's n custody would begin on July 2, 2008 when Mother would travel to California with the children, and would end on July 28, 2008, when Mother would travel back to children. It was agreed that Mother would be in Pennsylvania for time, but that she would return to California on July 25, 2008 to spe children before the trip back to Pennsylvania. b. Immediately after Father's period of partial cu began harassing Mother by telephone. Father also indicated in his he was not going to allow the children to return to Mother's custody. nia with the majority of this time with the began, Father lephone calls that c. Unbeknownst to Mother, Father began acting or? his decision to withhold the children from Mother as early as July 10, 2008. On thatl, date, Father filed a request for modification of the support order claiming the following acts in support of his request: "I am now unemployed and have physical custody of bo h children." A copy of Father's request for modification of support is attached hereto as iixhibit "B." 4 d. When Mother returned to California on July 25, 2008, Father refused to abide by the pre-arranged plans. Mother was unable to contact Father and did not know where he or the children were located. e. Mother was forced to contact the local police who, in turn, contacted Father. According to various police reports, Father acknowledged that the parties had agreed that the children would return to Pennsylvania on July 28, 2008. Father, however, indicated that we would not be returning the childr n to Mother as agreed. Father also stated that he would not let Mother see the children, although Mother was ultimately able to obtain minimal contact with the children f. On or about July 27, 2008, Mother contacted th airline to rearrange the early morning travel scheduled for the next morning b cause Father had still refused to return the children as planned. During this phone calll? Mother was informed that Father had cancelled the children's return flights to Pennsylvania. g. On July 28, 2008, instead of returning to Pennsylvania with the children as planned, Mother went to the courthouse where she was directed to the I Family Law Center of Alameda County. Mother was again put into contact with the local police. h. In the afternoon of July 28, 2008, the police metl Mother at Father's house, but Father was not at the home. The police contacted Father and approximately fifty minutes later, Father returned the police officer's call. Father returned home approximately one hour later but the children were not with him. The police directed that Father have the children brought home. Three hours after Mother met the police at 5 Father's residence, the police returned the children to Mother. Mother rearranged the travel arrangements and ultimately returned with the children to Pennsylvania on July 29, 2008. 12. In addition to his blatant contemptuous acts in July 2008, Father has failed to comply with many provisions of the Custody Order since it was entered in 2005. For example, Father has refused to provide Mother with notice of his travel to Pennsylvania and would instead show up unannounced to take custody of the children in violation of Paragraphs 2, 3 and 4, and Father has consistently placed harassing telephone calls to Mother's house in violation of Paragraph 5. 13. Father's actions constitute willful violations of the November 23, 2005 Order. Father is unable to claim that he has made a good faith attempt to comply with the Order. 14. As a result of Father's failure to abide by the terms of the Order, Mother has incurred significant expenses. Mother incurred expenses in California due to Father's refusal to abide by the parties' agreement. In addition, Mother has and will continue to incur legal fees due to Father's contempt relating to the preparation and presentation of Mother's Answer and Counterclaims. 15. In conjunction with a finding of civil contempt, the court has authority to impose sanctions to compensate the complainant for losses sustained and for expenses that were necessary due to the conduct of the contemnor. Diamond v. Diamond, 792 A.2d. 597, 600 (Pa. Super. Ct. 2002). 6 WHEREFORE, Mother requests that Father be held in Civil Contempt of the Order entered on November 23, 2005 and that this Honorable Court direct Father to compensate Mother for costs associated with Father's contempt, including but not limited to an award of reasonable attorney's fees. MOTHER'S COUNTERCLAIM FOR MODIFICATION 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. It is in the best interests of the children for the November 23, 2005 Custody Order to be modified. 18. Father is exhibiting irrational and harassing behavior that is contrary to the best interests of the children. 19. Father has repeatedly threatened to remove the children from Mother, who has been their primary caretaker throughout their entire lives, by picking them up from school and disappearing with the children. 20. Father's past actions of refusing to return the children to Mother in July 2008 furthers Mother's concerns that Father may follow through with his threats. 21. Father's most recent threat to remove and conceal the location of the children was on August 11, 2008. On that date, Father stated that he would remove the children from school prior to the Labor Day holiday and that Mother will never see the children again. 22. Mother believes that the children will be placed in emotional harm should the children be removed from her primary physical custody. 23. Father has demonstrated to Mother and the children that his actions are 7 largely motivated by the fact that Mother has a boyfriend. In July 2008, Father repeatedly placed harassing telephone calls to Mother regarding her boyfriend and constantly told the children that they were not returning home with Mother because of Mother's boyfriend. 24. Father has also engaged in a pattern of using the children to find out information about Mother and Mother's boyfriend. For example, Father calls the children at night and has them report as to whether Mother's boyfriend's car is at the house. 25. Father's inappropriate behavior also includes filing unwarranted and unsupported legal claims against Mother. The events surrounding Father's request for a restraining order against Mother in July 2008 exemplify Father's behavior in this regard as follows: a. On July 28, 2008, Father filed a request for a restraining order in California. b. This request was filed at the same time that Mother was seeking the assistance of the Family Law Center for the return of the children to Mother pursuant to the parties' agreement and the custody order. C. Father's request sought relief that would prevent Mother from traveling with the children from California. d. A hearing was held before Judge Alexander in California on August 11, 2008, on Father's request for a restraining order. Following the hearing, Father's 8 request was denied. Father's petition contained factual inaccuracies and misrepresentations. 26. Father's transparent decision to file for a restraining order in California demonstrates the lengths to which Father will go to harass Mother and to keep the children from Mother despite the fact that Mother has always been the primary custodian and despite the terms of the current custody Order. 27. In addition, Father's act of filing for a support modification during his period of partial custody in July 2008 leads to serious questions as to what Father's actual motivations are with regard to seeking additional custodial time with the children. 28. Father attempts to alienate the children from their Mother, both while the children are in his physical custody and when the children are with Mother. Recent examples of Father's attempts to alienate the children are as follows: a. Father initially refused to allow Mother to speak with the children while they were in his custody in July 2008. b. On or about August 5, 2008, Father mailed copies of his request for a restraining order against Mother and his request for modification of support directly to the children. A copy of the priority mail label used to ship these documents that is addressed to the parties' children is attached hereto as Exhibit T." C. Father also had told the children that Mother is a liar and will not allow Father to see the children again. 9 29. Father continuously calls Mother's house and makes harassing and other inappropriate comments. As a result of these calls, Mother has had to file numerous complaints with the police. 30. For all of these reasons, Mother believes that the November 23, 2005 custody Order is no longer in conformity with the children's best interests, and that said Order should be modified as follows: a. Mother shall remain the primary physical custodian of the children; b. Father's periods of partial physical custody (in California or otherwise) shall be terminated and Father shall be entitled to periods of supervised visitation with the children in Pennsylvania; C. The children shall be placed in counseling to address the various issues that have arisen as a result of Father's actions; d. Father's telephone calls to Mother's household shall be limited to one time every other day; e. Father shall undergo a psychological evaluation. 31. After Father filed his Petition, a conciliation conference was scheduled for September 5, 2008 before Hubert X. Gilroy, Esquire, at which time Mother's counterclaims can be addressed as well. 10 WHEREFORE, Mother respectfully requests this Honorable Court to modify the existing Custody Order by entering an Order stating: 1. Mother shall have primary physical custody of the children; 2. Father shall have periods of supervised visitation with the children to be exercised in Pennsylvania; 3. Father shall not be entitled to any periods of custody, supervised or unsupervised, in California until agreement of the parties or further Court Order. 4. The children shall be placed in counseling; Father's telephone calls to Mother's household shall be limited to one time every other day; 5. Father shall undergo a psychological evaluation. Respectfully submitted, McNEES WALLACE & NURICK LLC By b4l&117 br . C or Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff Dated: August 27, 2008 11 Uri- Uv wvz? ) f, if-189 ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT GLENN BATSON, NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW Defendant TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this ,?? rd day of k)? d . , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is.hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school 'records, the residence address of the children and of 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- 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or afternate holidays by mutual agreement. The parties shall confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School,District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) NO. 05-4572 CIVIL TERM VG - UUeou3 7 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual, agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: Dist: Maryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Scott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 TRUE C'_:,9j? In Testimony whurca' and a seal of said CJ? Th;?..?.lJ.... c??( unto S:;t my hand 14at Carlisle, Pa. of?,., av..... x. .r ,,. ins hap -fit' ? o a .?0 r? t ATTORN PARTY VAT NUUT ATTOMMY ITY&M Sbf! &V nifteg, &V Yot-? iddrp 4L-tas FJ.RST ST P,-16 161 r>:rgvNOnIE i?i o mo p-E t C 1"1 FAX NO, rovwnap E-MAtl-AOORESS fOp?(760-) ??•? ` Q? d aJ® A"l' j . NE t b ATTORNEY FOR PV=W: 4. SUPERIOR COURT OF CALIFORNIA, COUNTY OF q j-flr7E bA 411111 11111 _ 87193572 ' rtM ruvn. w.. JNLY umuNCADOra=ss ? ? (}M ??d Q ?T i(AgkJA P.a Q(} CITY AND D3 CODE BRANCH NAME e PETMONER/PLAINTIFF:'.,T7_rhj ._ M I RR2E -CdJ.*1Er?$'rt`? CAOCS} RESPONCfEtJi7DEFENDANT:Z G' _ - - -" t]ROIE TO SHOW CAUSE MODIFICATION Child Custody Vleltadon lNunctive Order Child Support = Spousal Support Other (speci)d: Attorney Fees and Costs FILED ALA1MA COUNTY JUL 1 0 2008 I OF THB' ? OR32L Deputy CABS NUMBER 4r3 (. 2y 9 0g? TO (name): A r! PJ M R Q.S?t C6 M F irk Y YOU ARE ORDERED TO APPEAR IN THIS COURT AS FOLLOWS TO GIVE ANY LEGAL REASON WHY THE RELIEF SOUGHT IN THE ATTACHED APPLICATION SHOULD NOT BE GRANTED. If child custody or visitation is an issue In this proceeding, Family Code section 3170 requires mediation before or concurrently with the hearing listed below; a. Date: Time: 9! 0 0, ?. 0 Dept.: b. The address of the court is 5K:1 same as noted above 0 other (specify): Q. [_] The parties are ordered to attend custody mediation services as follows: 0 Room: THE COURT FURTHER ORDERS that a completed Applleatlon for-0iderand Supporting Declaration (form FL-310), a blank Responsive DeclarafPon (form FL-320), and the following documents be served with this outer a. (1) 0 Completed Income and Expense Declaration (form FL-150) and a blank Income and Expense Declamfion (2) Completed Financial Statement (SimplNer!) (form FL-155) and a blank Financial Statement (Simplified) (3) Completed Property Declaration (form FL-1130) and a blank Properly Declaration (4) 0 Points and authorities (5) Other (specify): b. = Time for 0 service = hearing' is shortened. Service must be on or before (date): Any responsive declaration must be served on or before (date). C. C You are ordered to comply with the temporary orders attached, d. Q Other (spa*): Date: 4C4?? JUDICIAL OFFICER NOTICE: If you have children from this relationship, the court is required to order payment of child support based on the incomes of both parents. The amount of child support can be large, It normally continues until the child is 18. You should supply the court with information about your finances. Otherwise, the child support order will be based on the information supplied by the other parent You do not have to pay any fee to file declarations in response to this order to show cause (including a completed Income and Expense Declaration (form FLA 50) or Financial Statement (Sfmplffied) (form FLA 55) that will show your finances). In the absence of an order shortening time, the original of the responsive declaration midst be filed with the court and a copy served on-the other party at least nine court days before the hearing date, Add five calendar days if you serve by mail within California. (See Code of Civil Procedure 1005 for other situations.) To determine court and calendar days, go to www. courtinfo. ca, gov/selfh eWcourtcel endars/, Requests for Accommodations Assistive listening systems, computer-assistad real-lime captioning, or sign language Interpreter services are available If YOU ask at least five days before the proceeding. Contact the clerk's office or go to www.courfinlo.ca.gov/forms for Request for Accommodations by Persons With DisablI las and Response (Form MC-410), (CIv# Code, § 54.8,) Pape 1 or 1 Jud?coi cwnrA ar C WaNa F-0- ap1idf0fA1-,d""'Us° ORDER TO SHOW CAUSE FamiyCods,If?15.279atseq.3oooat FL-300 tRw. iurtay 1. 20071 sect., 8300 31 sect., 4300 Mi G0Uf0111hCa4VV Amarican Lpa(Nsl, Y7G w=FormeworJ?af:cam ' FL-310 PETMONER Q©TT t"a [?f}TS case NUMBER: RESPONDENT: P, yu WL t= ?? t( APPLICATION FOR ORDER AND SUPPORTING DECLARATION THIS IS NOT AN ORDER- _,Petitioner 0 Respondent O Claimant requests the following orders: 1• -.;CHILD CUSTODY To be ordered pending the hearing a. Sk0 (name, age) ? - - b. Lanai custody b c. Physical gustodv to --- -?_? .-_-_ _ (person who makes decisions (person with whom child lives.) _ _ -,--_-_- _-_-? about health, education, etc.) (name) (name) ??`. . E ivtodify existing order (1) flied on (date): (2) ordering (specify): As requested in form FL-311 Q FL-312 = FL-341(C) = FL-341(D) FL-341(}7 2. 0 CHILD VISITATION Q To be ordered pending the hearing a. As requested in: (1) Attachment 2a (2) = Form FL-311 (3) Other (specify). b. = Modify existing order, (1) filled on (date). (2) ordering (specify): c. 0 One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one.) The orders are from the following court or courts (specify county and state): (1) = Criminal: County/stab: (3) Q Juvenile: County/state: Case No. (f known): (2) = Family: County/state: (4) 0 Case No. (If known): Case No. (Iflmown). Other. County/state:.. Case No. (if known): 3. CHILD SUPPORT (An earnings ass?gnment order maybe issued) a. Child (name, age) b. Month amount (if not by guideline) t?1 AXsr1S LL?q? QATS&) if $ ???x???? Bc?T•so?? g ?4 jt t?$ c. PR Modify existing order PR (1) filed on (date): e)CT 16 160 G (2) ordering (specify): t f ? 17 /inoa/Tt H 0 L-} iL b gU DIN KT 4. = SPOUSAL OR PARTNER SUPPORT (An earnings assignment order maybe issued. a. = Amount requested (monthly)' *$ C. Modify existing order b• 0 Terminate existing order (1) filed on (date): (1) filed on (date): (2) ordering (specify): (2) ordering (specify): 5• = ATTORNEY FEES AND COSTS a. = Fees: $ b. = Costs: $ NOTE: To obtain domestic violence restraining orders, you must use thelorms Request for Order (Domestic Violence Prevention) (form DVA DO) and Temporary Restraining Order and Notice of Nearing (Domestic Violence Prevention) (farm DVA 10).' Form adOPled for Mmdaiay We APPLICATION FOR ORDER AND SUPPORTING DECLARATION Fwv*Coda, 31 2045. SV4.6226. Judinal Counal of C&Won* FL-310IRav Janu y 1, 20671 - 83205328, 638D•Wo WW-r c&j4Ab.C640V Arttdkau LepeWe? Ire, rvww.FdrmsSAd6?IrAnw.mm FL-3'1 ( PETITIONER: case NUMBER ` RESPONDENT: S. 0 PROPERTY RESTRAINT 0 To be ordered pending the nearing a. The = petitioner 0 respondent = alalnrant Is restrained from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. The applicant will be notified at least five business days before any proposed extraordinary expenditures, and an accounting of such will be made to the court b, Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, Including life, health, automobile, and disability, held for the benefit of the parties or their minor children. c. O Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of We. 7, = PROPERTY CONTROL 0 To be ordered pending the hearing a. Q The petitioner = respondent Is given the exclusive temporary use, possession, and control of the following property that we own or are buying fapscify): b. = The petitioner = respondent is ordered to make the following payments on liens and encumbrances coming due while the order is in effect Deb Amount of pang Pav to I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documents may be served no less than (specify number): days before the time set for the hearing. I need to have the order shortening time because of the facts specified in the attached declaration. 9. O OTHER RELIEF fspeoffy): 1017-ni FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify): 0 contained in the attached declaration. ol Now V WF-r, PL, <3 6(E?j utgvo? ??44Ls?cA? CL)S'CC)INLy c? Qo7?+ P I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: %o vJLK O&§ ?- ` C E A T? t9a/ ` S&?..& . MPE OR PRINT NAME) (SKWATURE OF APMCAN7) FL-310 Rev. Jam,uy 5.20071 APPLICATION FOR ORDER AND SUPPORTING DECLARATION Page 2 or 2 ALL-STATE'"LEGAL 800-222-J510 ED11 EFCVCLED 6 o ?o n c 3 n?? ??Z C 4 -4 C 0 -3" 9) Ca r Qn :r C) _q ?' m 3C a?dC m rn Z. ' 01 3 01 ?' I CAMP HILL fp O ca iv =y ????m 0cm0R ' cl) ?a m OD 2+ j ?b am -Its 0 '(05 c0 ni=y0 m o a° o m o w Q o cyo m y m d n Za ? 3 + I I, C `G O l n y ? k- ti n Z C. F 0 m: a; a c° w ?iCD o y a x yo ma 2y I O C SO) in CD 5. a m n! i 0 o v°b, nbi Q 3 _ a Z crSNS NONE i .-. .-. O y •* ?. Z .3 Scn! ?n 04' TCS9999 CD a G •• O zoa :ai 03/08/05 012 j a) y? n c p c?m.?. ?ti ?w me wrC 3 N C a _ o 0. y o a s ?a 01 lb - o w a° n --4 m M 0 E3 3, y m `?°0' C 3ci ® m y N n ca rr rn :.COT f BATSON y BS 928 ) 246-0003 SHP W 1 1 1 THE I'PS STORE #4722 DATE: 05 AUG 2008 :yj 1452 N. VASCO RD LIVERMORE GA 94551 y C 1 SHIP MAX AND ALEX y O (a)- a TO. 324 PINEWOOD DR d _ H oZ`o sn r+ y ° ll soma v p CAMP HILL PA 17011.6527 m rn - N o m tip asr ,. ?? . ?' V !. I y }? .? f?•rti? ;its.'. H m. t, a P,A 171 9=14 ? a 4 A . 1} C^ s W O c:l '9FOR a- o b {p{? {p t?ti .. G1 (4 Pak % m 3.? .UPS 3 DAY SELECT A a n m I b rn H TRACKING #1Z 47R 14V 39 2391 6443 nn ` I N H i N y co ?ILLING: PIP SIGNATURE REQUIRED - - 1 8.00 E2844 81.5A 07/2008 ormnm8?? rm. iw..r wr es r?.rpu wa+w w.. wv-am.mrrh„. ?+.+awu?+bnoo of ? c«wn wr wrq a c.M.w w.. i.. .iaer w. n. r n..r?rar c.n.p. a omr nwa iw. crn r?.w?i mr.menaa.aw?w.aawrt..n ws a....?xtirma.ic...tnn.F?anrur nwwrvr a.w.bn m+m e°Yi xi.. p..qW. "1 ?? ,. -.,waWaoY?a Mrao6. _'?., _ -_ I.ilgv.W Bw.r.InYW..KY EP14F i VERIFICATION Subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Ann Marie Comensky Dated: CERTIFICATE OF SERVICE AND NOW, on this 27th day of August, 2008, 1 hereby certify that I have served a true and correct copy of the foregoing Answer and Counterclaims to Defendant's Petition for Contempt and Modification of Custody Order by first class mail, postage paid, as follows: Scott G. Batson 1671 Maralisa Court Livermore, CA 94551 Scott G. Batson 4435 First Street PMB 161 Livermore, CA 94551 helle Armour, Legal Secretary ("? N s:.a -,•r ?=? c? r?: ? _? rca ??= ? _] _? -; .? r_.,; ;? (x,) t`a.r -C McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor@mwn.com ckrentzman@mwn.com Attorneys for Petitioner ANN MARIE COMENSKY, Petitioner V. SCOTT G. BATSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION FOR APPOINTMENT OF CUSTODY EVALUATOR AND MOTION FOR CONTINUANCE Petitioner, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, files this Motion for the Appointment of a Custody Evaluator and Motion for Continuance as follows: 1. On August 1, 2008, Respondent filed a Petition for Contempt and Modification of the underlying Custody Order dated November 23, 2005 regarding two children, namely Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. 2. On August 8, 2008, Petitioner filed an Answer and Counterclaim to Respondent's Petition for Contempt and Modification. 3. Both claims of contempt arose from Respondent's unilateral withholding of the children in the State of California and violation of the custody order. Details regarding 4, the incident in California may be reviewed in Respondents filing attached here to as Exhibit "A." 4. A custody conference was held before Hubert F. Gilroy on September 5, 2008 at which time no resolution was made. At that time, Respondent was unrepresented. At the custody conference, Petitioner requested that an Order for Custody Evaluation be entered, but Respondent objected. 5. A custody hearing was set for December 31, 2008 at 9:30 a.m. before Judge Wesley Oler. Since that time, Respondent has obtained counsel, namely Kara Haggerty, Esquire, 36 South Hanover Street, Carlisle, PA 17013. 6. Pursuant to the terms of the original Custody Order, arrangements were made for Respondent to visit his children November 5-10, 2008 for his Thanksgiving break. The dates were earlier than the holiday, as this time period coincided with a harassment hearing which Respondent was required to attend in Pennsylvania. A copy of the arrangements made for the visitation are attached hereto as Exhibit "B". 7. Attached as Exhibit "C" is a summons regarding the harassment matter which was held over for trial. Respondent's bail conditions required that he have no contact with Petitioner. 8. Despite the bail conditions that no interactions between Petitioner and Respondent occur, Respondent engaged in a series of behaviors that were harassing and threatening. 9. Specifically, when picking up the children, Respondent told them to get in the car and away from that "faggot", referring to Petitioners boyfriend. He then began leaving a series of abusive and foul mouthed messages to Petitioner while the children were present and could hear every word. 2 t . 10. Two police complaints were made by Petitioner, and Respondent was arrested on bail violations. Petitioner was forced to go to Respondent's hotel and pick up the children, as Respondent could not care for them. 11. A hearing on bail violations was held with both Petitioner and Respondent present and further bail conditions were set. However, while leaving the hearing, the parties and the Sheriffs were together at the Courthouse elevator. At this time, Respondent threatened Petitioner by mouthing the words "you're dead" 12. Respondent was then charged with intimidating a witness, and terroristic threats, and remained in jail until bail was again set. Under his current bail conditions, Petitioner is prohibited from contacting his children or Petitioner. All contact must be made through the children's cell phones and be initiated by the children. 13. Immediately upon receipt of the threat, Petitioner filed a Petition for the Entry of a Protection from Abuse Order and such was entered and the hearing rescheduled for Monday, January 5, 2009. A copy of the Temporary Protection from Abuse Order and Petition is attached hereto as Exhibit "D". 14. Respondent remained in jail for the remainder of his custodial time. MOTION FOR APPOINTMENT OF A CUSTODY EVALUATOR 15. At the time of the Custody Conference, the appointment of an evaluator was sought by Petitioner with Respondent objecting. 16. Circumstances had calmed down and Petitioner elected not to petition the Court for the appointment of a custody evaluator and, at that time, was prepared to proceed to Court. 17. Since that time, Respondent has been engaged in offensive and threatening behavior which has resulted in additional charges of harassment, stalking, intimidating a 3 witness and terroristic threats to be made against him. Respondent's behavior also resulted in the entry of a Protection from Abuse Order. 18. Petitioner is very concerned about Respondent's mental stability and its impact on their ability to co-parent as well as the impact Respondent's actions may have on the children's mental health. Petitioner believes that the involvement of a custody evaluator would greatly assist the court in making this determination. 19. Petitioner wishes to have Riegler Shienvold appointed as custody evaluators in this matter. Because Respondent resides in California, psychological testing would be done in California. It is believed that Riegler Shienvold is best equipped to coordinate such testing. 20. Petitioner requests that this Honorable Court authorize the evaluators to perform any evaluation they deem necessary including a mental health assessment. 21. The delay in filing this request was due to conversations occurring between counsel wherein it was believed that Respondent may agree to Riegler Shienvold being appointed as a joint custody evaluator. To date, no such agreements have been made. 22. Counsel for Respondent could not be reached for her position on this matter. It is assumed that Respondent objects. WHEREFORE, Petitioner requests this Honorable Court to enter an Order requiring the parties to participate in a custody evaluation with Riegler Shienvold with costs to be divided between them. MOTION FOR CONTINUANCE 23. Petitioner requests a continuance of this matter due to the substantial incidents which have occurred since it was set for trial, such incidents make it ripe for a custody/psychological evaluation and requiring substantially more preparation time than originally thought. 4 24. Respondent only recently obtained counsel in this matter and both counsel agree to a continuance of this matter. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her request for an Continuance of this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By. D a 15. C for Attorney I o. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Petitioner Dated: December 10, 2008 5 4. Y ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for (custody) (partial custody) (visitation). If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on m., in Courtroom 2008, at of Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, partial custody or visitation you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 4' 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 BY THE COURT: J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box, 1166, Harrisburg, PA, 17108-1166, (717) 237-5297; (717) 260-1667 (fax); dcantor(@mwn.com Scott G. Batson, 1671 Maralisa Court, Livermore, California 94551. Scott G. Batson, 4435 First Street, PMB 161, Livermore, CA 94551 2 ANN MARIE COMENSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. SCOTT G. BATSON, Defendant IN CUSTODY ORDER OF COURT You, Scott G. Batson, Defendant, have been sued in Court to modify custody, partial custody or visitation of the children: Maximillian M. Batson, DOB: 6/21/97 and Alexander James Batson, DOB: 7/26/99. You are ordered to appear in person at on : CIVIL ACTION - LAW , 2008, at .m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or fhe court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 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. BY THE COURT: J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box, 1166, Harrisburg, PA, 17108-1166, (717) 237-5297; (717) 260-1667 (fax); dcantor@mwn.com Scott G. Batson, 1671 Maralisa Court, Livermore, California 94551. Scott G. Batson, 4435 First Street, PMB 161, Livermore, CA 94551 2 ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of 12008, upon consideration of Ann Marie Comensky's Answer to Father's Petition for Contempt and Modification, and Counterclaims for Contempt and Modification, it is hereby ORDERED as follows: 1. Mother shall have primary physical custody of the children; 2. Father shall have periods of supervised visitation with the children to be exercised in Pennsylvania; 3. Father shall not be entitled to any periods of custody, supervised or unsupervised, in California until agreement of the parties or further Court Order; 4. The children shall be placed in counseling; 5. Father's telephone calls to Mother's household shall be limited to one time every other day; and 6. Father shall undergo a psychological evaluation. 7. Father is in civil contempt of this Court's Order of November 23, 2005; 8. Father shall pay Mother $ as compensation for the reasonable costs and fees incurred by Mother as a result of Father's civil contempt. BY THE COURT: J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box, 1166, Harrisburg, PA, 17108-1166, (717) 237-5297; (717) 260-1667 (fax); dcantor(a)-mwn.com Scott G. Batson, 1671 Maralisa Court, Livermore, California 94551 Scott G. Batson, 4435 First Street, PMB 161, Livermore, CA 94551 2 McNEES WALLACE & NURICK LLC By: Debra D. Cantor (7) Attorney ID No. 66378 r_:a Cheryl B. Krentzman < <_ z 71 Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 n (717) 260-1667 facsimile dcantor@mwn.com - `? ckrentzman@mwn.com Attorneys for Plaintiff ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY PLAINTIFF'S ANSWER AND COUNTERCLAIMS TO DEFENDANT'S PETITION FOR CONTEMPT AND MODIFICATION AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Answer and Counterclaims to Defendant's Petition for Contempt and Modification and in support thereof avers as follows: 1. Denied. Petitioner/Defendant resides at 1671 Maralisa Court, Livermore, California 94551. By way of further answer, Petitioner/Defendant shall hereinafter be referred to as "Father." 2. Admitted. By way of further answer, Respondent/Plaintiff shall hereinafter be referred to as "Mother." 3. Admitted. 4. Admitted. By way of further answer, the most recent Order is dated November 23, 2005, which was entered by Judge Oler after a conciliation was held before Melissa Peel Greevy, Esquire. The November 23, 2005 Order replaced the October 2005 Order due to an error in one child's birth date. Both Orders granted Mother primary physical custody of the children, with Father having rights of partial custody as the parties agree. A true and correct copy of the November 23, 2005 Order is attached hereto as Exhibit "A." 5. Denied. Mother has not hidden the children from Father, she has not kept the children from talking with Father, nor has she stated that she is not going to permit Father to see the children anymore. To the contrary, as described in more detail in Mother's Counterclaim for Contempt, Father denied Mother the right to speak with and to see the children during his most recent period of partial custody in July 2008, and refused to relinquish the children at the end of his custodial period. Because of Father's actions, Mother was forced to seek the assistance of the police and the Alameda County Family Law Center in California to enforce the existing custody Order. 6. Denied. This averment sets forth the reasons why Father seeks to modify the custody order, and Mother is without sufficient knowledge to confirm or deny the reasons why Father seeks to modify custody. By way of further answer, Mother specifically denies any and all representations and allegations made by Father in this 2 s averment. The statements made by Father are inaccurate and constitute misrepresentation of facts. For example, although Father did file for a restraining order in California, Father's request was unsupported by the facts and was denied after a hearing in front of Judge Sue Alexander. As more specifically set forth below in Mother's Counterclaims for Contempt and Modification, Mother seeks to modify the current custody order because Father has displayed an inability to comply with the terms of that Order and because Father has exhibited irrational behavior that is contrary to the best interests of the children. 7. Denied. This averment sets forth what Father believes the custody order should be changed to, and Mother is without information to admit or deny that which Father may or may not believe. By way of further answer, Mother denies that physical custody should be awarded to Father. To the contrary, as set forth in Mother's Counterclaim for Modification, below, Mother believes that it is in the best interests of the children for Mother to retain primary physical custody of the children, with Father having periods of supervised visitation to be exercised in Pennsylvania. WHEREFORE Plaintiff Ann Marie Comensky respectfully requests that the Court deny Defendant's Petition for Contempt and Modification. MOTHER'S COUNTERCLAIM FOR CIVIL CONTEMPT FOR FATHER'S DISOBEDIENCE OF THE NOVEMBER 23, 2005 CUSTODY ORDER 8. The answers contained in paragraphs 1 through 7 are incorporated herein by reference. 9. The November 23, 2005 Order contemplates that Father shall have periods of partial custody as the parties mutually agree, with no less than one week's 3 notice to Mother. Father is also entitled to two weeks of vacation each year, which may be consecutive or non-consecutive. The holiday schedule is also to be arranged by mutual agreement. 10. Since the entry of the November 23, 2005 Order, Father has repeatedly and willfully failed to abide by the terms of said Order. 11. Most recently, Father refused to return the children to Mother following his period of partial custody in July 2008 in California. The details surrounding Father's contemptuous acts are as follows: a. The parties agreed that Father's period of vacation custody would begin on July 2, 2008 when Mother would travel to California with the children, and would end on July 28, 2008, when Mother would travel back to Pennsylvania with the children. It was agreed that Mother would be in Pennsylvania for the majority of this time, but that she would return to California on July 25, 2008 to spend time with the children before the trip back to Pennsylvania. b. Immediately after Father's period of partial custody began, Father began harassing Mother by telephone. Father also indicated in his telephone calls that he was not going to allow the children to return to Mother's custody. C. Unbeknownst to Mother, Father began acting on his decision to withhold the children from Mother as early as July 10, 2008. On that date, Father filed a request for modification of the support order claiming the following facts in support of his request: "I am now unemployed and have physical custody of both children." A copy of Father's request for modification of support is attached hereto as Exhibit "B." 4 r d. When Mother returned to California on July 25, 2008, Father refused to abide by the pre-arranged plans. Mother was unable to contact Father and did not know where he or the children were located. e. Mother was forced to contact the local police who, in turn, contacted Father. According to various police reports, Father acknowledged that the parties had agreed that the children would return to Pennsylvania on July 28, 2008. Father, however, indicated that we would not be returning the children to Mother as agreed. Father also stated that he would not let Mother see the children, although Mother was ultimately able to obtain minimal contact with the children. f. On or about July 27, 2008, Mother contacted the airline to rearrange the early morning travel scheduled for the next morning because Father had still refused to return the children as planned. During this phone call, Mother was informed that Father had cancelled the children's return flights to Pennsylvania. g. On July 28, 2008, instead of returning to Pennsylvania with the children as planned, Mother went to the courthouse where she was directed to the F Family Law Center of Alameda County. Mother was again put into contact with the local police. h. In the afternoon of July 28, 2008, the police met Mother at Father's house, but Father was not at the home. The police contacted Father and approximately fifty minutes later, Father returned the police officer's call. Father returned home approximately one hour later but the children were not with him. The police directed that Father have the children brought home. Three hours after Mother met the police at 5 Father's residence, the police returned the children to Mother. Mother rearranged the travel arrangements and ultimately returned with the children to Pennsylvania on July 29, 2008. 12. In addition to his blatant contemptuous acts in July 2008, Father has failed to comply with many provisions of the Custody Order since it was entered in 2005. For example, Father has refused to provide Mother with notice of his travel to Pennsylvania and would instead show up unannounced to take custody of the children in violation of Paragraphs 2, 3 and 4, and Father has consistently placed harassing telephone calls to Mother's house in violation of Paragraph 5. 13. Father's actions constitute willful violations of the November 23, 2005 Order. Father is unable to claim that he has made a good faith attempt to comply with the Order. 14. As a result of Father's failure to abide by the terms of the Order, Mother has incurred significant expenses. Mother incurred expenses in California due to Father's refusal to abide by the parties' agreement. In addition, Mother has and will continue to incur legal fees due to Father's contempt relating to the preparation and presentation of Mother's Answer and Counterclaims. 15. In conjunction with a finding of civil contempt, the court has authority to impose sanctions to compensate the complainant for losses sustained and for expenses that were necessary due to the conduct of the contemnor. Diamond v. Diamond, 792 A.2d. 597, 600 (Pa. Super. Ct. 2002). 6 WHEREFORE, Mother requests that Father be held in Civil Contempt of the Order entered on November 23, 2005 and that this Honorable Court direct Father to compensate Mother for costs associated with Father's contempt, including but not limited to an award of reasonable attorney's fees. MOTHER'S COUNTERCLAIM FOR MODIFICATION 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. It is in the best interests of the children for the November 23, 2005 Custody Order to be modified. 18. Father is exhibiting irrational and harassing behavior that is contrary to the best interests of the children. 19. Father has repeatedly threatened to remove the children from Mother, who has been their primary caretaker throughout their entire lives, by picking them up from school and disappearing with the children. 20. Father's past actions of refusing to return the children to Mother in July 2008 furthers Mother's concerns that Father may follow through with his threats. 21. Father's most recent threat to remove and conceal the location of the children was on August 11, 2008. On that date, Father stated that he would remove the children from school prior to the Labor Day holiday and that Mother will never see the children again. 22. Mother believes that the children will be placed in emotional harm should the children be removed from her primary physical custody. 23. Father has demonstrated to Mother and the children that his actions are 7 .y largely motivated by the fact that Mother has a boyfriend. In July 2008, Father repeatedly placed harassing telephone calls to Mother regarding her boyfriend and constantly told the children that they were not returning home with Mother because of Mother's boyfriend. 24. Father has also engaged in a pattern of using the children to find out information about Mother and Mother's boyfriend. For example, Father calls the children at night and has them report as to whether Mother's boyfriend's car is at the house. 25. Father's inappropriate behavior also includes filing unwarranted and unsupported legal claims against Mother. The events surrounding Father's request for a restraining order against Mother in July 2008 exemplify Father's behavior in this regard as follows: a. On July 28, 2008, Father filed a request for a restraining order in California. b. This request was filed at the same time that Mother was seeking the assistance of the Family Law Center for the return of the children to Mother pursuant to the parties' agreement and the custody order. C. Father's request sought relief that would prevent Mother from traveling with the children from California. d. A hearing was held before Judge Alexander in California on August 11, 2008, on Father's request for a restraining order. Following the hearing, Father's 8 request was denied. Father's petition contained factual inaccuracies and misrepresentations. 26. Father's transparent decision to file for a restraining order in California demonstrates the lengths to which Father will go to harass Mother and to keep the children from Mother despite the fact that Mother has always been the primary custodian and despite the terms of the current custody Order. 27. In addition, Father's act of filing for a support modification during his period of partial custody in July 2008 leads to serious questions as to what Father's actual motivations are with regard to seeking additional custodial time with the children. 28. Father attempts to alienate the children from their Mother, both while the children are in his physical custody and when the children are with Mother. Recent examples of Father's attempts to alienate the children are as follows: a. Father initially refused to allow Mother to speak with the children while they were in his custody in July 2008. b. On or about August 5, 2008, Father mailed copies of his request for a restraining order against Mother and his request for modification of support directly to the children. A copy of the priority mail label used to ship these documents that is addressed to the parties' children is attached hereto as Exhibit "C." C. Father also had told the children that Mother is a liar and will not allow Father to see the children again. 9 29. Father continuously calls Mother's house and makes harassing and other inappropriate comments. As a result of these calls, Mother has had to file numerous complaints with the police. 30. For all of these reasons, Mother believes that the November 23, 2005 custody Order is no longer in conformity with the children's best interests, and that said Order should be modified as follows: a. Mother shall remain the primary physical custodian of the children; b. Father's periods of partial physical custody (in California or otherwise) shall be terminated and Father shall be entitled to periods of supervised visitation with the children in Pennsylvania; C. The children shall be placed in counseling to address the various issues that have arisen as a result of Father's actions; d. Father's telephone calls to Mother's household shall be limited to one time every other day; e. Father shall undergo a psychological evaluation. 31. After Father filed his Petition, a conciliation conference was scheduled for September 5, 2008 before Hubert X. Gilroy, Esquire, at which time Mother's counterclaims can be addressed as well. 10 11 . WHEREFORE, Mother respectfully requests this Honorable Court to modify the existing Custody Order by entering an Order stating: 1. Mother shall have primary physical custody of the children; 2. Father shall have periods of supervised visitation with the children to be exercised in Pennsylvania; 3. Father shall not be entitled to any periods of custody, supervised or unsupervised, in California until agreement of the parties or further Court Order. 4. The children shall be placed in counseling; Father's telephone calls to Mother's household shall be limited to one time every other day; 5. Father shall undergo a psychological evaluation. Respectfully submitted, McNEES WALLACE & NURICK LLC By & bra . C or Attorney I D No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff Dated: August 27, 2008 11 EXHIBIT A ANN MARIE COMENSKY, Plaintiff V. SCOTT GLENN BATSON, Defendant TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this day of Va ?_,_ , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school 'records, the residence address of the children and of 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- 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidays. The parties shall share or alternate holidays by mutual agreement. The parties shall confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area School'District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) U(J - Uu LOUD t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW NO. 05-4572 CIVIL TERM G -- UU U Uzi / 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual, agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: -4 Dist: Maryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Scott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 TRUE In Testimony whi.rcolf and e seal of said r( Th>._.:,3, 6.. ?/ 7?. }.(? unto s::t my hand ?rttlat Carlisle, Pa. EXHIBIT B r 06 sup 3 eio g ? ?• o 'U *6763572* ATTORNEY DR PARTY VATHOIr ATTORNEY (Names, State ear number, and eddretV %Ot?- G . 1;? (vV307-/ n ?u1 A Lig3 s t= R-ST S Pr t o Val ?v? ?r ??-E t c f? ?J ? TELEPHONE D?rto7 FAX No. fopff=4n E4AAILADORESS tOPSw,0: 740 S J? A • NE ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF 0 Lo" e,bA sTREETAooREss: a.`4(40 S- AMA-boo 25T IfAgw A R:h Q(} MAIUNG ADDRESS: CITY AND ZIP CODE: l\I BRANCH NAME PET(FIONER/PLAINTiFF:' ,17_1 1-._ ri J} Z4_ Ct 1 e"1 r?$ is `? ?ACt S? RESPONDENT23EFFSII?AM':`sL1C?Z G'„ ? ----------•-------- _ - ORDER TO SHOW CAUSE MODIFICATION L-1 Child custody Visitation 0 injunctive Order [SRI Child Support Spousal Support Other (specify): Attorney Fees and Costs rum-UM wrJNLY FILED ALAMEDA COUNTY J U L 1 0 2008 11 OF THE SL,C ???Stt..rr ?1e 1 ?9.. Deputy CASE NUMBER 2.y9 1. TO (name): R rJlJ M R 9-XC C6 E Sic `tom YOU ARE ORDERED TO APPEAR IN THIS COURT AS FOLLOWS TO GIVE ANY LEGAL REASON WHY THE RELIEF SOUGHT IN THE ATTACHED APPLICATION SHOULD NOT 13E GRANTED. if child custody or visitation Is an issue in this proceeding, Family Code section 3170 requires mediation before or concurrently with the hearing listed below. a. Date: '6111 lox Time: °) ! p O q d Dept.: cj?$ = Room: b. The address of the court is 5-4!? same as noted above 0 other (specify): C. 0 The parties am ordered to attend custody mediation services as follows: THE COURT FURTHER ORDERS that a completed Application for Order and Supporting Declaration (form FL-310), a blank Responsive Declaration (form FL-320), and the following documents be served with this order a. (1) 0 Completed Income. and Expense Declaration (form FL-150) and a blank Income and Expense Declaration (2) 0 Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified) (3) Completed Property Declaration (form FL-1130) and a blank Property Declaration (4) Points and authorities (5) Other (specify): b. = Time for = service = hearing is shortened. Service must be on or before (date): C. [J d. Any responsive declaration must be served on or before (date): You are ordered to comply with the temporary orders attached. Other (specify): d? V!- JUDICIAL OFFICER NOTICE: If you have children from this relationship, the court is required to order payment of child support based on the incomes of both parents. The amount of child support can be large. It normally continues until the child is 18. You should supply the court with information about your finances. Otherwise, the child support order will be based on the information supplied by the other parent. You do not have to pay any fee to file declarations in response to this order to show cause (including a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FLA 55) that will show your finances), in the absence of an order shortening time, the original of the responsive declaration must be filed with the court and a copy served on the other party at least nine court days before the hearing date. Add five calendar days if you serve.by mail within California. (See Code of Civil Procedure 1005 for other situations.) To determine court and calendar days, go to www. co urtinfo. ca. gov/selfh eip/courtcal endaas?. Date: Requests for Accommodations Asslslive listening systems, computer-assistad real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courfinto.ce.gov/forms for Request for Accommodations by Persons With Disabilities and Response (Form MC-410), (Civil Code, § 54.8.) Page 1 of 1 Fran Adopted for Mandatory Use Judrdal Cain of C a0l rrJa FL-300 [Ray. January 1, 20071 ORDER TO SHOW CAUSE Family Code, §§ 215.270 at se4. 3000 at seq., 3500 e1 seq., 4300 wwwcour0nraeapov Amerk. LapafNel, 4n www.FormsWor*&w.cam FL-310 CASE NUMBER: _ PETTiONE2: CARTS &J DESPONDENT: R pV M E- C r1 ? 4' APPLICATION FOR ORDER AND SUPPORTING DECLARATION THIS IS NOT AN ORDER- Petltioner = Respondent Claimant requests the following orders: 1. ; CHILD CUSTODY ! - . To be ordered pending the hearing a. Child (name, age) b. Legal custody to c. Physical custody to (person who makes decisions (person with whom child lives.) about health, education, etc.) (name) (name) 1 modffy existing order (1) flied on (date): (2) ordering (specify): As requested in form 0 FL-311 FL-312 0 FL-341(C) 0 FL-3.41(D) 0 FL-341(E) 2. = CHILD VISITATION C] To be ordered pending the hearing a. As requested in: (1) 0 Attachment 2a (2) = Form FL-311 (3) = Other (specify): b. = Modify existing order (1) filed on (date). (2) ordering (specify): c, = One or more domestic violence restraining/protective orders are now In effect. (Attach a copy of the orders if you have one.) The orders are from the following court or courts (specify county and state): (1) [] Criminal: County/state: (3) Juvenile: County/state: Case No. (if known): Case No. (if known): (2) Family: County/state: (4) Other: County/state: Case No. (if known): Case No. (if known): 3. ® CHILI) SUPPORT (An earnings assignment order maybe issued.) J a. Child (name, age) b. Monthly amount (if not by guideline) t„t p}X-7:; rt1? I- t-aA L ?fl TSd.J c ( `t' ` D ?t EXr1,?DE? ?[}Tsa?? $ I C. ?R Modify existing order (1) filed on (date): (ALT 16 rXOO G (2) ordering (speclly): L t ? 17 lrtoa/?t1 H Ct43:Q(3 `aU CT6!',T 4. 0 SPOUSAL OR PARTNER SUPPORT (An earnings assignment order maybe issued. a. 0 Amount requested (monthly): $ c• Modify existing order b. 0 Terminate existing order (1) filed on (date): (1) filed on (date): (2) ordering (specify): (2) ordering (specify): 5. = ATTORNEY FEES AND COSTS a. = Fees: $ b. 0 Costs: $ DOTE: To obtain domestic violence restraining orders, you must use the'forms Request for Order (Domestic Violence Prevention) (form DV-100) and Temporary Restraining Order and Notice of Hearing (Domestic Vio/ence Prevention) (form DV-110). ?noel of I Form un Cal r APPLICATION FOR ORDER AND SUPPORTING DECLARATION Fanny Code,§47D45,6224,6226, Judimmalal C o,xxd a( ofCallrotria 6320-6326, 6360-sm FL-310 IRav Jamary 1, 2D6r1 wwx.coutkMa. ca.pov American LegaWeL Inc, WWW.F0rMs W0rbbW.MM - -- - saw - - _ s FL-310 r CASE NUMBER PETITIONER: RESPONDENT: S. 0 PROPERTY RESTRAINT D To be ordered pending the hearing d from transferring hypothecating, a. The 0 petitioner = respondent 0 claimant is restraine, encumbering, conceeling, or in any way disposing of any property, real or personal, whether community, quasi-community, or ,separate, except in the usual course of business or for the necessities of life. The applicant will be notified at least five business days before any proposed extraordinary expenditures, and an accounting of such will be made to the court. b Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, Including life, health, automobile, and disability, held for the benefit of the parties or their minor children. s business or for othe r liabilities for of which the other may be held responsible, other than in the c, Neither party may incur ordinary course of b life. 7, PROPERTY CONTROL To be ordered pending the hearing respondent is given the exclusive temporary use, possession, and control of the following a = The petitioner property that we own or are buying (specify): b = The petitioner [= respondent Is ordered to make the following payments on liens and encumbrances coming due while the order is In effect Amount of amen pay to p etst I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documents may days before the time set for the hearing. I need to have the order e. 0 be served no less than (specify number): shortening time because of the facts specified in the attached declaration. g. 0 OTHER RELIEF (specify): 10.? FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify): contained in the attached declarafion. M oow vwer) P???E?j A?b NAv Q?4Zs?cF?a; Cvq?©'ts L? car X071+ ey??,??ty> of the State of California that the foregoing is true and correct, I declare under penalty of perjury under the laws Date: \a (SIGNATURE OF APPLICANT) (fYP£ OR PRINT NAME) , Pag• 2 of 2 FL-310 1RSV. Januvy 1, 20071 APPLICATION FOR ORDER AND SUPPORTING DECLARATION EXHIBIT C c ? y ?- m W <? -2 ma c ??o m y b 4 ? 'b m o ? o j c w ?t CCD y 1 N b O o m z m q O ro C) w CD N 'oo N Q CD C/) c CD N v o `y o ab 3 q p b w Q, O I Q ? CD 4 Cl w`1,? y O O Cn m o. CA) ., ro o` ? w ? a y Q m O y co (D 1 N V o} ;n m d ? P?j O n N' N y m a ? ?rnov n y? Q b m n y ? n ? a ? b ^ b m m ? ? A H H, =4 d??b j; CL m a. -0 O,, k w' b m ? o w c ? ? O ? ro o 3 a ro N 5r y j ?- El o 0 O 1 j ro ro W .l SCni( BATSON ,925) 245-0003 F THE UPS STORE iF4722 I45"2' N. VASCO RD LIVERMORE. CA 94551 SHIP MAX AND ALEX TO: 324 PINEWOOD DR N -n 0 °c n ?j 1 0 ?q mz ? ? ?` ? ? r ? a i , cn • ( t A - m 3 D N c O o?? Z _m (DD ?3 -0 ,a ?1 ?Z k yo_ ma co i o c ?b O o z 3 o n t- 0 n m C y ? b ? ? ?m O h N a ; C O r o ? rt Z 0 'U N o zi -n y 1 LBS 1 OF 1 SHP WT: 1 LBS DA '(E 05 AUG 2008 CAMP HILL PA 17011-6527 t'. i. tt PA 171 % t.t• ?Y•ttl i •iy'•1 ?•{ ? '?t'?•• i •i•t 11 Po.tl'i?.ll:4YtkiJ'JtNiMASiIiCUti:MG:tlItHtl! ?M1M ? UPS 3 DAY SELECT MCKING #; 1Z 47R 14Y 39 2391 6443 3 O O' I- 00 ?m am na. i n. cc Oy; °oA y,?zr w go :1o = o rn - Z y. N CD m ?. hZn' CL E- 0 3 p? o T. I i ill lll?l II N III I IN III 11111 SIGNATURE REOUIRED H 0 N OD, ' 8.00 E2844.81.5R 0712008 m . ?.? 1...•., m., a _.?"e ? - _ ?.,,,,„. ?, „. n,.?.„..1 Illr. mmbnf•?i.tl.dwWT'a.de.u..•..rOUl.n baew?S.n.emNro.in n.EWU.Mnii.pmn.V+.maP Un.0Mno1?•S Uiw u.'la uww•'?.KV l G m ?ID a ?I. ---??5 NCNE 09' V9999 ? { ? z?as:o? ?siesios 2 I G ? 0 Rl ?' m a c as ® m C p " r+ b co m n rnrn Q ? ? U ?v=As Z " r V // C L w to 4p:' y L ? C ^ y r cD m w z b m cf) :Tj r 37 m. Z Cn --I O z 'O J 0-1 N v X H ? Z T O 0 v 9 m c? r VERIFICATION Subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Ann Marie Comensky Dated: CERTIFICATE OF SERVICE AND NOW, on this 27th day of August, 2008, 1 hereby certify that I have served a true and correct copy of the foregoing Answer and Counterclaims to Defendant's Petition for Contempt and Modification of Custody Order by first class mail, postage paid, as follows: Scott G. Batson 1671 Maralisa Court Livermore, CA 94551 Scott G. Batson 4435 First Street PMB 161 Livermore, CA 94551 Jhei- - = a,71? e Armour, Legal Secretary From: Ann Marie Comensky (rubyamc@verizon.net) Sent: Sun 10/26/2008 04:53 PM Rcvd: Sun 10/26/2008 04:53 PM To: sgbatson@att.net CC: Cantor, Debra (285) BCC: Subject. Visit 5 - 10 November 2008 Scott, this letter is in regards to your visit 5 - 10 November 2008. The boys (Max and Alex Batson) can be picked up at the Lower Allen Police Station at 6:30 pm on 5 November 2008. On 10 November 2008 1 will pick the boys up from the school bus stop at the end of the school day. The boys will stay overnight with you on the 5th, 6th, 7th, 8th, and 9th. It is expected that the boys will attend school during this time so below is the scheduled bus and start times: Alex Batson: 7:10am - morning bus at Shiremanstown Park 7:40am - is first bell at school 7:45am - 2:25pm is the school day 2:30pm - afternoon bus at Shiremanstown Park Max Batson: 7:40am - morning bust at Shiremanstown Park 8:10am - is first bell at school 8:20am - 3:20pm is the school day 3:35pm - afternoon bus at Shiremanstown Park Other commitments: Boys basketball/Elmwood Elementary School Gym Alex Batson: 8 Nov 2008 11:15 - 12:15 Max Batson: 8 Nov 2008 12:15 - 1:15 Neither child shall leave the state Pennslyvania without my written consent. If I do not hear from you by 31 October 2008 regarding any changes I will assume this is correct and will provide the agreement to the local police. Sincerely, Ann Marie Comensky BAIL BOND Scott Glenn Batson Pmb #161 4435 First Street Livermore, CA 94551 Short Caption Comm. v. Batson, Scott Glenn CP Docket No. CP-21-CR-0002938-2008 OTN: K 705926-4 NEXT COURT ACTION: DATE/TIME/LOCATION Jan 15, 2009 / 9:OOAM / No Assigned Location Lower Court No. MDJ-09-1-01 Lower Court Docket No.CR-0000371-08 Date of 07/30/2008 18 §2709 §§A6 Harassment - Comm. Repeatedly and Inconvenient Hours l 18 §2709.1 §§A2 Stalking - Repeatedly Comm. To Cause Fear 1 TYPES OF RELEASE: .? ROR ® Unsecured Bail ® Nonmonetary Condition(s) ? Nominal Bail ? Monetary Condition(s) in the amount of THE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOWS- 1. The defendant must appear at all times required until full and final disposition of the case(s). 2. The defendant must obey all further orders of the bail authority. 3. The defendant must give written notice to the bail authority, the clerk of courts, the district attorney, and th `6urt bail agency or other designated court bail officer, of any change of address within 48 hours of the date of the change. 4. The defendant must neither do, nor cause to be done, nor permit to be done on his or her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (relating,to retaliation against witnesses or victims), 18 Pa.C.S. § 4952, 4953. 5. The defendant must refrain from criminal activity. 6. Other conditions of release are: Lower Court 1. Only contact with children from the children calling him by cell phone. No contact whatsoever with the victim, including phone calls, email or by any other typepf communication device. 2. Custodv Arrangements throuah Attomev. I verify that the above conditions of bail have been imposed 7TNI*?- EM& //- /2-0 C Date TYPES OF SECURITY: DATE POSTED: 11/12/2008 ? Cash/Equivalent ? Gov't Bearer Bonds ? Realty within Commonwealth ? % Cash ? Surety Bond ? Realty outside Commonwealth TOTAL AMOUNT BAIL SET (IF ANY): $5,000.00 (see sureties page) This bond is valid for the entire proceedings and until full and final disposition of the case(s) including all avenues of direct appeal to the Supreme Court of Pennsylvania. I AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. C This bond signed on : /I/,gl/- t Z , 20 at u `7? G K v? ti` l?(,2" YJ Pennsylvania - (Signature of Defendant) (Witness) (Surety) (Surety) PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIIMBF MA*m Mag. Dist. Nw 09-1-01 MDJ Name: Hon. CHARLES A. CLEMSNT, 33it Address: 400 BRIDGE ST OLDS TOWNE COMSONS -SUITE 3 NLV CUMBERLAND, PA Telephone: (717) 774-5989 17070 SCOTT G. BATSON PMB #161 4435 FIRST STREET LIVERMORE, CA 94551 Release Conditions: BAIL RELEASE CONDITIONS COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS IBATSON, SCOTT GLENN PMB #161 4435 FIRST STREET LIy"wnsw CA 94551 - Docket No.: CR-0000371-08 Date Filed: 9/04/08 S 705926-4 1. NO MORE THAN 4 CONTACTS WITH THE CHILDREN PER DAY VIA THEIR CELL PHONES. 2. NO -TERRORISTIC, HARASSING OR INTIMIDATING COMMENTS DIBSCTED TOWARD OR ABOUT THE VICTIM. 3. GET PROCESSED BY MONDAY 11-10-08. 1 verify that the above conditions of bail pave been imposed. fy ",t??? t- f tti, 4 J ? 13 u V 1 [ My commission expires first Monday of January, 2014. Ann Marie Comensky, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Scott Glenn Batson, Defendant NO. 2008 - CIVIL TERM - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the .7c/ Cr day of 2008, at uv m., with Judge ? in Courtroom No. -,5 on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon, ammunition or any firearm license listed herein no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Faxed & Mailed to PSP This verifies that the above document is on file with the Cumberland County Office of the Prothonotary. TEMPORXRY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order ElContinued Order NO. 1. PLAINTIFF Ann Marie Comensky 111/7111965 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Ann Marie Comensky November 7, 1965 V. DEFENDANT Scott Glenn Batson First Middle Last Suffix Defendant's Address: 1671 Maralasa Court Livermore CA 94551 CAUTION: Weapon Involved Weapon Present on the Property ? Weapon Ordered Relinquished DEFENDANT IDENTIFIERS DOB 6/4/1969 HEIGHT Rft. 9 SEX Male WEIGHT 210 RACE White EYES Brown HAIR Gray or Partially Gray SSN 032-62-2842 DRIVERS LICENSE EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. © Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ?X Additional findings of this order are set forth below. Order Effective Date November 18, 2008 Order Expiration Date November 13, 2011 NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. AND NOW, on 18th Day of November, 2008 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 324 Pinewood Drive Shiremanstown, PA 17011 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiff s or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY There is a current custody order as to the child/ren of the parties Cumberland County, 2005-4572 THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pa i*o r? okAete e P Cc,LU(t s?aI( C, e, tUfRc1. • rights. Defendant shall ha-re no P -Ifixal physical ettstodyMsitation 0 suspend visit-2-tin- until hearing. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Maximillian M Batson 2. Alexander J Batson The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6. The following additional relief is granted: Other Relief. - Defendant shall not damage, destroy or dispose of in any manner, any property owned jointly by the parties or solely by the Plaintiff. 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Lower Allen Township Police Department Upper Allen Township Police Department 8. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL NOVEMBER 18, 2011 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through S of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: Judge /10 0 Date Distribution to: Legal Services Faxed & Mailed to PSP TRUE COPY FROM RECORD Testimony whereof, i here unto set my hand :o the seal of said Court at Carlisle, Pa. ,, s °? y of. p?rothonnter'y PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA NO. GB - G?Q`f 1. PLAINTIFF Ann Marie Comenskv November 7, 1965 First Middle Last Suffix Plaintiff DOB Plaintiffs Address: Plaintiffs address is confidential or ® Plaintiffs address is: 324 Pinewood Drive Shiremanstown, PA 17011 V. 2. DEFENDANT Scott Glenn Batson First Middle Last Suffix Defendant's Address: 1671 Maralasa Court Livermore, CA 94551 CAUTION: FlWeapon Involved Weapon Present on the Property Weapon Requested Relinquished DEFENDANT IDENTIFIERS DOB 6/4/1969 HEIGHT 5 ft. 9 in. SEX Male WEIGHT 210 RACE White EYES Brown HAIR Gray or Partially Gray SSN 032-62-2842 DRIVERS LICENSE EXP DATE STATE Defendant's place of employment is: unemployed Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer; is employed as a writer, researcher or technician in the firearms or hunting industry or is required to cant' a firearm as a condition of employment. 3. I am filing this Petition on behalf of: ?X Myself and/or Another Person If you checked "myself', please answer all questions referring to yourself as "Plaintiff'. If you ONLY checked "another person", please answer all questions referring to that person as the "Plaintiff', and provide your name and address here, as filer, unless confidential. Filer's Name: First Middle Last Suffix n Filer's address is confidential or ? Filer's address is: If you checked "Another Person", indicate your relationship with Plaintiff: Elparent of minor Plaintiff(s) applicant for appointment as guardian ad (item of minor Plaintiff(s) adult household member with minor Plaintiff(s) court appointed guardian of incompetent Plaintiff(s) 4. Name(s) of ALL person(s), including minor children, who seek protection from abuse. Ann Marie Comensky 5. The relationship between Plaintiff and Defendant is: [ ] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant 6. Plaintiff and Defendant have been involved in the following court actions: Custody Other details of the court action are: Cumberland County Court of Common Pleas No. 2005-4572 In Custody Civil Term 7. Defendant has been involved in a criminal court action. . Defendant is not currently on probation / parole 8. Plaintiff and Defendant are the parents of the following minor child/ren: a. Maximillian M. Batson Age: 11 Child's address is: 324 Pinewood Drive, Shiremanstown, PA 17011 b. Alexander J. Batson Age:9 Child's address is: 324 Pinewood Drive, Shiremanstown, PA 17011 9. There is an existing court order regarding the custody of Plaintiffs and Defendant's minor children. The terms of the order are: Mother has physical custody, shared legal custody with the father. Visits are as agreed upon by parties. County: Cumberland State: Pennsylvania 10. The facts of the most recent incident of abuse are as follows: On about Wednesday, November 12, 2008 at approximately S:OOPM location: Cumberland County Courthouse Defendant acted in a menacing manner and caused Plaintiff to fear for her safety when he mouthed the words, "You're dead" to Plaintiff upon exiting his court hearing. Defendant was charged with intimidating a witness. 11. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about November 8, 2008, Defendant telephoned Plaintiff threatening to take the children back to California. On or about November 7, 2008, Defendant came to Plaintiff s residence with children. Defendant began yelling, screaming and threatening Plaintiff and the minor children. Police were contacted and told Defendant not to call Plaintiff. On about November 6, 2008 Defendant made repeated harassing phone calls to Plaintiff and sent harassing email. During the course of the parties' relationship, the Defendant has engaged in a course of conduct that put Plaintiff in fear of bodily injury and gave her concerns for her safety. The Defendant's actions include, but are not limited to: repeatedly calling and threatening Plaintiff, sending harassing emails to Plaintiff's work. Defendant has been charged with stalking and harassment. 12. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor children, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? NO (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. 13. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Lower Allen Township Police Department Upper Allen Township Police Department 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 324 Pinewood Drive Shiremanstown, PA 17011 Owned By: Ann Marie Comensky 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE 1 a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and the children: Suspend visitation until hearing. d. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. The following persons are Plaintiffs relatives or family and household members that Plaintiff believes require protection from stalking and harassment by Defendant. f. Order the following additional relief, not listed above: Defendant shall not damage, destroy or dispose of in any manner, any property owned jointly by the parties or solely by the Plaintiff. g. Grant such other relief as Plaintiff requests and/or the court deems appropriate. h. Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. PFAD Number: FQ3321249C S Date: 1,ilr Respectfully submitted, MiDPENN LEGAL SERVICES By: Geoffre M. Bringer, Attorney f Plaintiff MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. a Dated: - /P - i1 Ann Marie Comensky, Plaintiff 12/09/2008 13:39 FAX 17177957594 STAPLES 002 J Subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Ann Marie Comensky l ? Dated: / r CERTIFICATE OF SERVICE AND NOW, on this 10TH day of December, 2008, 1 hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage paid, as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 MM helle Armour, Legal Secretary 0 ? p L t? cz;l 713 F ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant TO THE PROTHONOTARY OF SAID COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Scott Batson, in the above- captioned matter. Date: Z 11 c' 'e Respectfully submitted, ABOM&K(TITJI.AR Sy LLP. C Kara W. Haggerty, E i 36 South Hanover S e Carlisle, PA 17013 (717) 249-0900 Supreme Ct. ID No. 86914 r-, l r? McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor@mwn.com ckrentzman@mwn.com Attorneys for Petitioner ANN MARIE COMENSKY, Petitioner V. SCOTT G. BATSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this 1 day of - , 200$ Ann Marie Comensky (hereinafter "Mother"), by and through her counsel, Debra D. Cantor, Esquire, and Scott G. Batson (hereinafter "Father"), by and through his counsel, Kara Haggerty, Esquire, agree as follows: WHEREAS, the parties are the parents of Maximillian M. Batson, date of birth January 21, 1997 and Alexander J. Batson, date of birth July 26, 1999; WHEREAS, the parties have both filed Petition for Contempt and Modification of the Existing Court Order; WHEREAS, a hearing was set before the Honorable J. Wesley Oler, Jr. on December 31, 2008 at 9:30 a.m.; and WHEREAS, Mother filed for a Motion for Custody Evaluator and Motion for Continuance. NOW, THEREFORE, the parties stipulate as follows: The hearing scheduled for December 31, 2008 at 9:30 a.m. shall be continued and rescheduled for , 2009, at _.M. in Courtroom No 2. Reigler & Shienvold shall be appointed as custody evaluators with all costs being shared equally by the parties. The custody evaluation will include any type of psychological examinations required by the custody evaluators, including but not limited to psychological examinations and drug or alcohol examinations. 3. Pending the finalization of the custody evaluation and further Order of Court, Mother shall continue to maintain primary physical custody of the children with rights of partial custody to Father as outlined in the Court Order dated November 23, 2005. 4. To the extent that this Order of Court has been modified by bail restrictions or a Protection from Abuse Order, such bail restrictions and terms of the Protection from Abuse Order shall modify the Custody Order. 5. The parties agree to cooperate fully with Reigler & Shienvold and the completion of this evaluation. Date De D. Ca r Esquire, counsel for Ann Marie Comensky Date Kara Haggerty, Esq e:'' unsel Scott G. Batson r..- ..sue ....1 1 co ANN MARIE COMENSKY, Petitioner V. SCOTT G. BATSON, Respondent JAN U ,`;1UUy?4V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of T ;,.u , 2009, upon Motion for Appointment of Custody Evaluator and Continuance and after telephone conference between Court and counsel and the presentation of proposed Stipulation, the Court orders as follows: 1. The hearing scheduled for December 31, 2008 at 9:30 a.m. has been continued. A new hearing has been set for -Akp(- 2009, at '-,30 t.M. in Courtroom No. ?_. 2. The Offices of Reigler & Shienvold shall be appointed to perform a custody evaluation in the above-captioned matter and the costs of such evaluation shall be shared by the parties. Both parties are ordered to cooperate fully with Reigler & Shienvold for the completion of the evaluation. 3. Pending evaluation and further Order of Court, Mother shall maintain primary physical custody of the children with rights of partial custody to Father as outlined in the Court Order dated November 23, 2005. This Order shall be subject to any bail restrictions or restrictions outlined in the Protection from Abuse Order docketed at No. 2008-6824. ? sue- c?.t c?.. :? •?C - ? ?, rrw w ti - 4. The custody evaluation shall include any and all evaluations recommended by the evaluators, including but not limited to psychological examinations or drug and alcohol examinations. 1 II U o ?? l? ? Ll t 1 ej f 0 t ad. j"T ?o?i u ? -?c BY THE COURT: Ir7 }- R c i t.>V L c- T , ] ??cJ t 1 l ?.u c L Cat C? 2SS( C)L"C w ? a [ 1V , /, ?z /, - , /1 , Th F onorable J esley O er, Jr. Distribution: XDebra D. Cantor, Esquire, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box, 1166, Harrisburg, PA, 17108-1166, (717) 237-5297; (717) 260-1667 (fax); dcantor(almwn.com //Kara Haggerty, Esquire, Abom & Kutulakis, LLP, 36 South Hanover Street, Carlisle, PA 17013, (717) 249- 0900; (717) 249-3344 (fax); kwha-abomkutulakis.com Go e-S rn'a Ll?ch --------------- ?-4.&Ar4 TABOM & KU i ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Petitioner, Scott G. Batson, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., files this Petition for Special Relief and Motion for Continuance as follows: 1. On August 1, 2008, Petitioner filed a Petition for Contempt and Modification of the underlying Custody Order dated November 23, 2005 regarding two children, namely, Maximillian Matthew Batson, born June 21, 1997 and Alexander James Batson, born July 26, 1999. 2. On August 8, 2008, Respondent filed an Answer and Counter-Claim to Petitioner's Petition for Contempt and Modification. 3. A Custody Conference was held before Hubert X. Gilroy, Esquire on September 5, 2008 at which time no resolution was made. 4. A Custody Hearing was set for December 31, 2008 at 9:30 a.m. before Judge J. Wesley Oler, Jr. • 5. Pursuant to Stipulation and subsequent Court Order dated January 9, 2009, the offices of Reigler & Shienvold were appointed to perform a Custody Evaluation in this matter. 6. Pursuant to the January 9, 2009 Order of Court, a new hearing has been set for Wednesday, April 1, 2009 at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. 7. The January 9, 2009 Order of Court specifically upholds the November 23, 2005 Order of Court for Custody and said Order still controls. 8. Paragraphs (1) through (7) are incorporated herein as though set forth in full. 9. The November 23, 2005 Order of Court provides that the parties shall share or alternate holidays by mutual agreement and that the parties shall confirm their agreement with regard to holiday arrangements 30 days in advance. 10. To date, the parties have been alternating all major holidays listed. 11. Mother/Respondent did exercise custody for the entire Christmas holiday for 2008 and extending into 2009. 12. The next major holiday will be the Easter holiday, at which time the children do have an extended time off from school. 13. By letter dated February 24, 2009 undersigned Counsel proposed Father exercising custody from April 9 through April 13, 2009. 14. By verbal response Attorney Cantor advised undersigned Counsel that Mother would agree to Father exercising custody but only if that custody took place in Pennsylvania. 15. Father resides in California and has no convenient locations to exercise custody in Pennsylvania for an extended period of time. 16. Father must make travel arrangements for the children for their period of custody to be exercised in California as soon as possible. 17. The November 23, 2005 Court Order does not restrict Father's custody to be exercised in Pennsylvania. 18. Mother/Respondent had since obtained a PFA against Father and said PFA Order specifically excludes the children as any protected persons and refers to the November 23, 2005 Court Order as controlling for custody issues. 19. Father specifically requests an Order granting him the ability to schedule his custodial time for April 9 through 13 to be exercised in California at his home. 20. Counsel for Respondent was contacted and indicated that she does oppose this request. WHEREFORE, Petitioner requests this Honorable Court to enter an Order allowing him to exercise custody for the children's spring break from school in California at his residence. 21. Paragraphs (1) through (21) are incorporated herein as though set forth in full. 22. The parties are currently undergoing a Custody Evaluation with Dr. Kasey Shienvold of Reigler & Shienvold. 23. The Custody Evaluation process has not yet been completed. 24. Petitioner requests a continuance of the Custody Hearing so as to allow the Custody Evaluation process to be completed. 25. Respondent's counsel has been contacted regarding this matter and she does concur with the request for a continuance. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the request for a continuance of this matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: M (1 L? Kara W. Haggerty, Esq 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 ID #86914 ?. % • AND NOW, this ' day of March, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief and Motion for Continuance, upon the counsel for Plaintiff/Respondent by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Debra D. Cantor, Esquire McNees Wallace and Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, Abwn & Kuhdcd is, LLP. Kara W. Haggerty, s i / Attorney ID No.869 U 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 c? N ?J T ? f MAR Z 0 Z009G, ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY AND NOW, this 2-21 1 day of 2009, a continuance of this matter is hereby GRANTED. The hearing scheduled for April 1, 2009 is hereby rescheduled for the day of QuLd, , 2009 at a- m. in Courtroom number of the Cumberland County Courthouse, Carlisle, Pennsylvania. Upon consideration of the Petition for Special Relief, said Petition is hereby GRANTED. Petitioner/Father is authorized to make custodial arrangements to exercise custody of the children for their Spring Break from school with said custody to be exercised in California. Distribution: ara W. Haggerty, Esquire V ebra D. Cantor, Esquire BY THE COURT, d ?- klNn6r, S ? %01 Wv SZ UVW 63OZ McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor@mwn.com ckrentzman@mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff/Respondent V. SCOTT G. BATSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND MOTION FOR CONTINUANCE TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Respondent, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, responds to the Petition for Special Relief and Motion for Continuance as follows: 1. Admitted. 2. Admitted. By way of further answer, Respondent's counter-claim for contempt is related to Petitioner's unilateral withholding of the children in California at the end of his custodial period in the summer of 2008. This unilateral withholding required the use of local police enforcement and the local legal clinic in order to obtain the return of the children pursuant to the existing Court Order. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, it should be noted specifically that the location of custodial periods is not outlined in the Order. A copy of the November 23, 2005 Order is attached hereto as Exhibit "A". PETITION FOR SPECIAL RELIEF 8. This is an incorporation paragraph to which no response is required. 9. Admitted. 10. Denied as stated. The parties have only alternated Christmas per Petitioner's request. 11. Admitted. By way of further answer, Father/Petitioner exercised custody for the entire Christmas holiday of 2007 into 2008. 12. Denied as stated. The children have a spring break from school from April 9 to April 13, 2009. 13. Admitted. 14. Admitted. By way of further answer, this limitation was placed for the following reasons: a. During the children's last visit, the police and legal counsel involvement was necessary in order to obtain their return from California. This is the basis for the Contempt Petition which is currently under consideration by this Court; b. The parties are subject to a Custody Evaluation Order with Reigler & Shienvold. As such, Petitioner is required to come to Pennsylvania to complete his portion of the evaluation with an appointment scheduled immediately prior to this requested time; 2 C. The custody evaluation is required because Petitioner has engaged in a pattern of behavior resulting in a final PFA being entered as well as a number of criminal charges being made. These charges occurred while Petitioner was in Pennsylvania and had custody of the children. As a result, Mother/Respondent was required to go pick her children up as Father violated his bail conditions and was arrested. If such behavior occurs in California, there will be no one present to assume custody of the children; d. Father returned to Pennsylvania for criminal hearings in March 2009 and is scheduled to return in April of 2009. He could easily couple these visits to Pennsylvania with custodial time with his children. However, during the March visit, he did not prolong his visit through the weekend to allow extended contact, and further cancelled his evaluation appointment at the last minute; and e. Father is unemployed and has no work restrictions limiting his visits to Pennsylvania. 15. Admitted in part and denied in part. It is admitted that Father resides in California. As such, it is far less expensive to fly Father to Pennsylvania and have him stay here than it is to fly the two boys to California for a visit. Father may rent a hotel room or suite in Pennsylvania at any number of places and exercise custody for an extended period of time here. 16. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 17. Denied. The November 23, 2005 Court Order does not outline the location of custody. It would make sense that Father would exercise custody here in Pennsylvania given the PFA; pending criminal charges; unilateral withholding of the children in California; 3 and required repeated visits to Pennsylvania to complete the evaluation and attend criminal proceedings. 18. Admitted in part. By way of further answer, Petitioner's bail restrictions limit his telephone contact with his children. 19. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 20. Admitted. By way of further answer, it should be clear that Mother/Respondent does not oppose contact between Father and the children here in Pennsylvania and such contact may be arranged surrounding the children's Easter break, and/or surrounding Petitioner's return for criminal hearing(s) and/or evaluation appointment(s). The risk posed to the children by traveling to California is too great. WHEREFORE, Respondent requests this Honorable Court to deny Petitioner's request that he exercise custody of the children in California. MOTION FOR CONTINUANCE 21. This paragraph is an incorporation paragraph to which no response is required. 22. Admitted. 23. Admitted. In fact, by way of further answer, Father cancelled his first and only scheduled appointment with Dr. Shienvold and has been rescheduled for the beginning of April. 24. Admitted. By way of further answer, Respondent requests the continuance of the custody hearing in order to allow the completion of the evaluation process as well. 25. Admitted. 4 WHEREFORE, Respondent requests that this Honorable Court grant the request for a continuance of this matter until the completion of the custody evaluation. Respectfully submitted, McNEES WALLACE & NURICK LLC By / br . Can A orney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Dated:31Attorneys for Respondent u,P'? 5 uo- Wu Wuz j f' 1,_($jy f ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT GLENN BATSON, Defendant NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, thist3rd_ day of _i!)L t , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott Glenn Batson and Ann Marie Comensky, shall have shared legal custody of their minor sons, Maximillian Matthew Batson, born June 21, 1997, and Alexander James Batson, born July 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be? entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school 'records, the residence address of the children and of 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- 2. Physical Custody. The status quo of primary physical custody in the Mother is hereby confirmed. However, it shall be subject to periods of partial custody in Father as the parties may mutually agree and upon not less than one week's notice to Mother. 3. Holidavs. The parties shall share or alternate holidays by mutual agreement. The parties shall confirm their agreement with regard to holiday arrangements thirty (30) days in advance of the following holidays: Christmas, Thanksgiving, Easter, Labor Day, Memorial Day, and Independence Day. Father will have custody for the Thanksgiving holiday 2005. Father shall be entitled to custody for one half of the Christmas holiday recess in 2005. (The Court notes that the 2005 winter recess period for the Mechanicsburg Area 'School District begins December 23, 2005 and continues until January 2, 2006. The school year reconvenes on January 3, 2006.) NO. 05-4572 CIVIL TERM r, i G - uv to tJ-131 4. Vacation. Each parent shall be entitled to two (2) weeks of vacation each year which weeks may be consecutive or non-consecutive to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, prior to departure, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact with the children. Mother will initiate a telephone call from the boys to the Father not less than three (3) times per week, before bedtime. The children may also contact their Father by telephone upon request on other days. 6. This Order is temporary in nature and may be modified by mutual, agreement of the parties. In the event the parties do not agree, upon proper petition a Conciliation Conference will be reconvened in the ordinary course. However, pending agreement of the parties or further Order of Court, the terms of this Order shall control. 7. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: Dist: Maryann Murphy, Esquire, P. M. Box 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Scott Glenn Batson, 460 Division Street, Apt. 5, Pleasanton, CA 94566 TRUE C' FT"'A In Testimony wht.rtaf, • I r•. unto sst my hand and e.3 said C r Carlisle, Pa. ThO.3 . of. .Q.1?...... VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I have acquired knowledge of the alleged facts and circumstances giving rise to this claim and am authorized to execute this verification on behalf of Respondent Ann Marie Comensky and that the statements herein are true and correct to the best of my knowledge, information and belief. De a r Attome espondent Dated: March 27, 2009 CERTIFICATE OF SERVICE AND NOW, on this? day of ay , 2009, 1 hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage paid, as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 1.4,11 r7 f 41 14 1Ze Armour eg 4 a Secretary ?C N F- Lli Oct C1_ CJ O ° V N McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor mwn.com ckrentzman(a-)-mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff/Respondent V. SCOTT G. BATSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION FOR RECONSIDERATION AND NOW, comes Respondent, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, and files this Motion for Reconsideration of the Order dated March 22, 2009, as follows: 1. Petitioner, Scott G. Batson, filed a Petition for Special Relief and Motion for Continuance on March 19, 2009. The Petition requested the continuance of the custody trial scheduled for April 1, 2009 in order to allow for the completion of the parties' custody evaluation. Respondent concurred with this request. 2. The Petition for Special Relief requested Petitioner's next custodial time occur in California. Respondent did not concur with this request, and the Petition indicated this fact. 3. Service of the Petition for Special Relief was received by Respondent on March 23, 2009. However, this Court entered an Order on March 22, 2009 granting the Petition for Special Relief. 4. This Order was entered prior to service being received by Respondent and prior to her response being filed on March 27, 2009. 5. Respondent objects to the children traveling to California for the reasons outlined in her responsive pleading and requests this Court to reconsider its Order dated March 22, 2009 after opportunity to review Respondent's Answer and/or hear argument from counsel. 6. The Honorable J. Wesley Oler, Jr. has ruled on this case. 7. Opposing counsel could not be reached. It is assumed that she opposes this request. WHEREFORE, Respondent, Ann Marie Comensky, respectfully requests this Honorable Court to reconsider its Order of March 22, 2009 and Deny Petitioner's Petition for Special Relief. Respectfully submitted, McNEES WALLACE & NURICK LLC By i b D. Cant Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Dated: flilDi Attorneys for Respondent 2 CERTIFICATE OF SERVICE AND NOW, on this day of 2009, 1 hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage paid, as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 'Anne Barnhart, Legal Secretary ? ? N o dr ?a -?? t 7 m 7 i ? . iii ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant NO. 05-4572 CIVIL TERM ORDER OF COURT AND NOW, this Vh day of April, 2009, upon consideration of Defendant's Answer to Petition for Special Relief and Motion for Continuance, and upon relation of Defendant's counsel that the issue raised in the answer respecting the geographical location of a certain period of custody of Defendant has been resolved by agreement of the parties, the answer is deemed moot. BY THE COURT, bra D. Cantor, Esq. Attorney for Plaintiff Xara W. Haggerty, Esq. Attorney for Defendant :rc ,0 J 1?°?_ i :) ?G :i Wd 6- SAV OU ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant NO. 05-4572 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 9 h day of July, 2009, upon consideration of the attached letter from Debra D. Cantor, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for July 20, 2009, is rescheduled to Monday, October 5, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Debra D. Cantor, Esq. Attorney for Plaintiff Kara W. Haggerty, Esq. Attorney for Defendant :rc Cor I es rru'al 6L BY THE COURT, M OF rya ...? ;;-ii,'r 7TY 2909 JUL - 9 Ph 2: it 8 1_ti 5 7/8/2009 4:52 PM McNees Wallace & Nurick LLC -> 917172406462 2 WN McNees Wallace N urick LLc attorneys at law July 8, 2009 DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAX: (717) 260-1667 E-MAIL ADDRESS: DCANTOR@MWN.COM The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse VIA FACSIMILE One Courthouse Square [717-240-6462] Carlisle, PA 17013 RE: Ann Marie Comensky v. Scott G. Batson C.C.P. Cumberland Co. No. 05-4572 (In Custody) Dear Judge Oler: I write this letter on behalf of myself and Kara Haggerty in regard to the above- captioned matter. Unfortunately, it does not appear that Kasey Sheinvold's expert report will be completed in time for the hearing currently scheduled for July 19th. It is expected that it will be prepared shortly thereafter. Therefore, we are requesting a continuance of the hearing set for July 19, 2009 so that we may have an opportunity to review the expert report with our clients and have an opportunity for settlement discussions. We would be happy to take your next available date for a custody hearing, in the event that we are unable to settle this matter. Both Attorney Haggerty and I concur with this request. Your attention is greatly appreciated. Sincerely, McNEES WALLACE & NURICK LLC Cantor DDC/jmb cc: Kara Haggerty, Esquire (via facsimile) Ann Marie Comensky McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor mwn.com ckrentzman(cD-mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM : CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND RETURN OF CHILDREN FROM CALIFORNIA AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, and petitions this Court for emergency relief requesting the return of her children from California as follows: Plaintiff, Ann Marie Comensky ("Mother"), is the natural mother of two minor children, namely Maximillian Matthew Batson, date of birth: January 21, 1997, and Alexander James Batson, date of birth: July 26, 1999 ("Children"). Defendant, Scott G. Batson ("Father"), is the natural father of the Children. 2. Since separation, and since the Order dated October 18, 2005, Mother has served as the primary physical custodian of the Children. Father has had rights of partial custody, including the rights to two weeks of vacation each year, which may be taken consecutively. 3. This Order remained in place with little incident until August of 2008 when Father unilaterally retained the Children in California requiring Mother to engage legal services and police assistance in seeking their return. 4. As a result of this incident each party filed for modification of custody and a custody hearing was scheduled for December 31, 2008. 5. In the fall of 2008, Father engaged in a series of behaviors for which criminal charges were issued, and a Protection from Abuse Order was awarded. A custody evaluation was ordered. 6. In March of 2009, Father filed a Petition for Special Relief requesting authorization to make custodial arrangements for the Children for Spring Break in California, which was granted. The Children returned without incident. 7. On June 5, 2009, Father requested a one month period of time in the summer to be exercised in California, beginning Friday, June 19, 2009, with a return of July 20, 2009. A copy of this request is attached hereto as Exhibit "A." 8. On June 11, 2009, Mother agreed to a schedule wherein Father would exercise custody in California from June 18, 2009 to July 18 or 19, 2009. The return itinerary was to be provided to Mother no later than July 6, 2009. A copy of this letter is attached hereto as Exhibit "B." 9. Mother agreed to this schedule as it allowed a substantial visit for Father but also allowed Max to be fitted for his football uniform and participate in pre-paid football camp being held on July 21 and July 27, respectively. 10. Upon this agreement, the Children went to California. 11. Beginning July 6, 2009, and continuing thereafter, Mother's counsel continuously requested a return itinerary from Father's counsel. Father's counsel did not respond to repeated emails, nor did she respond to telephone calls. 12. On July 15, 2009, Father's counsel was advised that the itinerary was immediately necessary, as Mother's counsel was going out of town for a conference. It was not until a letter dated July 16, 2009, that Father's counsel advised Mother's counsel that her client intended to unilaterally retain custody of the Children contrary to the agreement (Exhibit "C") 13. Pursuant to the attached schedule (Exhibit "D"), Max is to be fitted for and pick up his football equipment on July 21, 2009, and is scheduled for pre-paid football camp on July 27, 2009. It was based on this schedule that the original agreement was acceptable to Mother. 14. This is the second time that Father has unilaterally withheld his Children in California, necessitating Mother to incur costs and expenses in seeking their return. 15. It is clear that Father has no regard for Orders of Court or agreements between the parties, and seeks to continually run up costs and expenses for Mother. 16. Defendant's counsel was advised that this Petition would be filed if the Children were not returned as agreed upon. 17. Defendant's counsel was unable to be reached and it is assumed she opposes this Petition. 18. Judge Oler has ruled on previous issues in this case. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order immediately requiring the return of the Children of this Order, to assess fees and costs against Defendant, and to allow Plaintiff to make up time toward next summer's custodial period of time. Respectfully submitted, McNEES WALLACE & NURICK LLC By D. Ca Attorney I 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile n', Attorneys for Plaintiff Dated: July !? , 2009 om j?LITLILAKIS June 5, 2009 Debra D. Cantor, Esquire McNees, Wallace & Nurick P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Re-. Ann Maw Col xnsky u Sma G Bcd9on Bbd Akx 054572 OurFile Na: 08-353 Dear Attorney Cantor: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 JUN My client is interested in scheduling custodial time with the children for the summer. He plans to fly to Pennsylvania on June 18, 2009 in order to meet with Dr. Shienvold with the children. Dr. Shienvold will also meet with Mr. Batson's fiancee, Cindi, as he requested. Mr. Batson will then be returning to California with the children on Friday, June 19, 2009. The itinerary is as follows: To ensure delivery of this e-mail please add continental airlines(cbcontinenta1.eom to your address book or approved senders list. See instructions for adding us to your address book. Confirmation: "6WQG Issue Date: June 03, 2009 Traveler eTicket Number Frequent Flyer Seats BATSON/ALEXANDER 0052184231778 CO-BE256372 9B/--- BATSON/MAXIMILLIAN 0052184231779 CO-BE2'55903 9E/-7- FLIGHT INFORMATION Day, Date Flight Class Departure City and Time Arrival City and Time Aircraft Meal Fri, 193UND9 C08718' E HARRISBURG INTL CLEVELAND Q200 (MDT) 5:40PM (CLE) 7:15PM Frig 193UN09 C0609 E CLEVELAND SAN"FRANCISCO, 737-800 (CLE) 9:OOPM (SFO) 11:08PM 'Operated by COMMUTAIR doing business as CONTINENTAL CONNECTION with turboprop equipment At the very least, Mr. Batson would like to retain custody of the children until he returns to Pennsylvania for the Custody Trial scheduled for July 20, 2009. We will have a greater idea as to the Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAx(717) 249-3344 Debra D. Cantor, Esquire June 5, 2009 Page 2 Please confirm, in writing, that your client will cooperate with Mr. Batson's request for summer custody. Thank you for your consideration of this matter. Very truly yours, & LLP W &. t Z Kara W. Haggerty cc: Scott Batson AWN McNees Wallace & Nurick LLC attorneys at law LYNNORE K. SEATON DIRECT DIAL: (717) 237-5475 DIRECT FAX: (717) 260-1659 E-MAIL ADDRESS: LSEATON@MW N.COM June 11, 2009 VIA EMAIL Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 [Fax: 717-249-3344] Re: Comensky v. Batson Dear Attorney: I am in receipt of your letter to Attorney Cantor, dated June 5, 2009, regarding your client's interest in scheduling custodial time with the children in the above matter. Our client, Ann Marie Comensky, is agreeable to the schedule you proposed with the following stipulations: 1. On June 18, 2009 Ms. Comensky will take the boys to Dr. Shienvold's office at 1:30 p.m., which is the scheduled appointment time. This will be the start of Mr. Batson's custodial time with the understanding that if Dr. Shienvold recommends that the children do not go with him, or if Mr. Batson and the children do not actually attend the counseling visit with Dr. Shienvold, then the visit to California for the boys will be cancelled. 2. On July 18 or 19, 2009, Mr. Batson will return with the boys to the Harrisburg International Airport. Mr. Batson is to provide the return ticket for both children and provide an itinerary and copy of the ticket to Ms. Comensky no later than July 6, 2009. 3. It should also be understood that if a ticket is purchased for a weekday prior to July 18th, the arrival time in Harrisburg should be after 3:00 p.m. 4. Mr. Batson is to provide a phone number to Ms. Comensky so that she will be able to talk to the children during his custodial time. P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC Kara Haggerty, Esquire June 11, 2009 Page 2 Please review these requests with your client and confirm in writing that he is amenable to these terms. Very truly yours, McNEES WALLACE & NURICK LLC 1?. By Lynnore K. Seaton LKS/jmb c: Ann Marie Comensky kv 07/16/2009 16:23 717249" l ABOM&KUTULAKIS 0UBom & ITULAKIS Arcoervevt AT Uw July 16, 2009 Debra D. Cantor. Esquire McNees, Wallace & Nurick P.O. Box 3166 100 Pine Street Harrisburg, PA 17108-1166 Re: Arm Aft v C4Pnmk u Scuff G Bcdwn Dbai*tATa 054572 Our pie lva: 09-353 Dear Attorney Cantor: PAGE 02102 OFF1CF 1 hnc)NS CARLISLE OFFLC:E (717) 249-Q900 HARRI,SnIIRG OrFICh (717) 232-9511 CF/AMEERSEURG OFFICE (717) 267-0900 YCiRK OFFICE (717) W-0900 My client has advised me that he plans to retain custody of the children until the middle of August. He is aware of football practice beginning for Max in August, and will certainly ensure that he returns in time to begin. Mr. Batson had planned to return to Pennsylvania with the children for the trial that was scheduled for July. Due to the delay in trial, he desires to spend the balance of the summer with the children.. He has learned that multiple babysitters care for the boys, as A.nnMarie's mother is no longer physically capable of caring for them. Scott, on the other hand, is off for the summer and able to spend this time with the children. I am aware that this is a change in plans from what had been previously discussed. I am hopeful that we can schedule a conference call with Dr. Shienvold to obtain a preliminary opinion regarding his findings to determine whether Scott would be awarded summer custody with the boys. Thank you for your consideration of this matter. Very truly yours, Abom & KuUA W IIP W. Haggerty a LX, t cc: Scott Batson Reply Tn: 2 WEST Him STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAX (717) 249.3344 07/17/2009 06:52 717770e' DDSP KM PAGE 02/02 ragc I ul ivleCnanlcSl7urg Ivl.tcigei roiama11 HsSC?..?lUn: l atenuaT << 2008 < July 2009 >- 2010 n Janes Feb Mar Apr MM J un Jul Aug Sep Oct N ov Dec SUN MQN TUE WED THU FRI SAT W 28 29 30 Jun 1 Jul 2 3 4 e e k 1 5 6 7 6:00 PM-8:00 PM 8 9 6:00 PM-8:00 PM 10 11 10:00AM- 12:00 PM Ctreer ?]¢e!ln.O ?e11Llo Chee P-volpa{I ? 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A'-A aa? -240 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantoli)-mwn.com ckrentzmanO-mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4572 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF FOR THE IMMEDIATE RETURN OF THE CHILDREN FROM CALIFORNIA AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, and files the following emergency petition: All averments and exhibits outlined in Plaintiffs Emergency Petition, filed July 20, 2009, are incorporated herein by reference. 2. On July 22, 2009, the Honorable Judge Oler held a conference call between counsel for the parties in regard to the Petition filed by Plaintiff on July 20, 2009. 3. As a result of that conference call, an Order was issued requiring the prompt return of the children from California at the expense of Father. 4. On July 23, 2009, Plaintiffs counsel received a fax letter from Defendant's counsel indicating that Defendant would not be returning the children despite the Order from the Judge and was requiring Plaintiff to pay for the return of the children. A copy of said correspondence is attached hereto as Exhibit "A." 5. On July 23, 2009, Plaintiffs counsel sent Defendant's counsel a fax letter demanding the immediate return of the children and also identifying a flight available the next day from Delta. In fact, Delta flies the same flight at 12:00 noon every day to Harrisburg. A copy of said correspondence is attached hereto as Exhibit "B." 6. On Friday, July 24, 2009, Defendant's counsel informed Plaintiffs counsel that she had forwarded the message to her client but had not heard from him. 7. It is now five days since Judge Oler issued his Order and there is no indication as to when, or if, the children will be returned. COUNT I - SPECIAL RELIEF 8. The averments in paragraphs 1-7 are incorporated herein by reference. 9. Plaintiff intends to utilize the Uniform Child Custody Jurisdiction and Enforcement Act in order to enforce Pennsylvania's Order in California. As such, Defendant needs an order requiring the immediate relinquishment of the children to Plaintiff in order for such order to be enforced by the California courts. 10. Further, Plaintiff requests this Honorable Court to enter an Order prohibiting any physical contact between the children and their father pending full hearing. WHEREFORE, Plaintiff requests this Honorable Court to issue an order immediately and provide a copy to Plaintiff for filing in California. COUNT II - CONTEMPT 11. The averments in paragraphs 1-10 are incorporated herein by reference. 12. Defendant is in direct contempt of this Court's Orders dated November 23, 2005 and July 22, 2009 requiring the return of the children from California. 13. Defendant is deliberately ignoring these Court Orders as he did last summer. 14. As a result, Plaintiff has incurred substantial fees and costs in relation to this matter, including attorneys' fees and costs, the loss of camp registration, and the costs of airline flights and tickets to return the boys to Pennsylvania. 15. As such, Plaintiff requests that this Honorable Court enter an Order of Contempt, holding Defendant responsible for all costs, fees and expenses incurred by Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to issue an Order of Contempt immediately and provide a copy to Plaintiff for filing in California, and to issue and Order of Contempt requiring Defendant to be held responsible for all costs, fees and expenses incurred by Plaintiff in regard to this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By Debr nt Attorney ID o. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff Dated: July -?7 , 2009 i5xk I b I.-f A 07/23/2009 10:21 7172493344 ABOM&KUTUL.AKIS o e ULAKIS .ATTORNEYS AT LAW July 23, 2009 Debra D. Cantor, Esquire McNees, Wallace & Nurick P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Ar. Am Marie Cbmw ky u SoM G R abtm tJbcktrih 115-4= OrirFROAT4: 08-3W Dear Attorney Cantor: PAGE 02/02 Orrlct_ toc+n.?+Ns CAxasa 01+1ce (717) 249-0900 HARIUMVRG 0M- - cr (717) 232-9511 CIIAW5MBIMG l7FMCM (717) 267.0900 YORK OF•Plce (71,7) 846-0900 I spoke with my client and advised him of the Order of Court that Judge Oler will be issuing regarding the return of the children to Pennsylvania. Mr. Batson intends to fully comply with the Order to be issued; however, he has informed me that he does not have the funds available right now to purchase the airline tickets. He indicated that it would not be an issue in August as he has a court proceeding related to him employment and will be receiving the next installment of funding for his schooling by that time. I am requesting that your client purchase the tickets for the children to return to Pennsylvania. My client will ensure that they are present for any custody exchange. Thank you for your consideration of this matter. Very truly yours, Abvm & a* LLP tOf C. t Kara W. Haggerty cc: Scott Batson Reply ra 2 Wr5r HWW STRFr.T CAIC SU, fMINSMANIA 17013 (717) 249-0900 FAX (711) 249-3344 A,V* McNees Wallace & Nurick. Lw Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Re: Ann Marie Comensky v. C.C.P. Cumberland Co. In Custody Dear Attorney Haggerty: attorneys at law July 23, 2009 DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAx: (717) 260-1667 E-MAIL ADDRESS: DCANTORCO7MWN.COM VIA FACSIMILE [Fax No. 717-249-3344] Scott G. Batson No. 05-4572 Civil Term It is clear to me that your client does not intend to be fully compliant with Judge Oler's Order, as issued, which requires him to pay for the tickets for the childrens' return to Pennsylvania. Since the original plan was to return these children last week, there is no reason why your client should not be able to utilize the tickets purchased for their return unless, of course, he never intended to return them in the first place. In addition, I find your client's claim for lack of funding to be disingenuous, given the flat screen television and laptop purchased for the boys, not to mention multiple trips and outings taken with the children during their visit. For your information, there are three seats available on a Delta flight available tomorrow, leaving from San Francisco at 12 noon, at a cost of $243.00 per ticket. I expect the children to be returned immediately. Sincerely, McNEES WALLACE & NURICK LLC Y Debra D. Cantor DDC/jmb c: Ann Marie Comensky CERTIFICATE OF SERVICE AND NOW, on this )day of July, 2009, i hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage paid, as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Kasey Shienvold Riegler, Shienvold & Associates 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 VUO-11 anne Barnhart, Legal Secretary Cl,.,t D` CE -dryFiC i ',i! "-; II TIA i OF nF T HIE 2004 JUL 27 Pl 12= 4. 8 Km 7 t/,, *7??? ANN MARIE COMENSKY, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT G. BATSON, Defendant : NO. 05-4572 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND RETURN OF CHILDREN FROM CALIFORNIA ORDER OF COURT AND NOW, this 22°d day of July, 2009, upon consideration of Plaintiffs Emergency Petition for Special Relief and Return of Children from California and following a telephone conference on this date with counsel for Plaintiff, Debra D. Cantor, Esq., and counsel for Defendant, Kara W. Haggerty, Esq. it is ordered and directed as follows: 1. Defendant shall promptly return the children from California to Plaintiff, 2. A Hearing on other issues contained in Plaintiff's Emergency Petition, such as attorneys' fees and make-up time, shall be consolidated with the custody hearing already scheduled for October 5, 2009; and 3. Defendant shall provide notice to Plaintiff regarding when the children will be returned. BY THE COURT, Y O J. Wes ey Ole J. 0 ebra D. Cantor, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, Pa. 17108 Attorney for Plaintiff Xara W. Haggerty, Esq. 2 West High Street Carlisle, Pa. 17013 Attorney for Defendant ,??-x ? ? ????G ?. ,,-?w?, ? !? ?? ?? ??" ? 2?a? ??? .;??k{??`: e?` ???y 34.5 ?? •??` ????! "????f?, ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4572 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF FOR THE IMMEDIATE RETURN OF THE CHILDREN FROM CALIFORNIA ORDER OF COURT AND NOW, this 28th day of July, 2009, upon consideration of Plaintiff's Petition for Emergency Relief for the Immediate Return of the Children from California, filed July 27, 2009, it is ordered and directed as follows: 1. With respect to the count in the petition for special relief, Defendant shall return the parties' children to Plaintiff on or before 5:00 p.m. Eastern Time, July 31, 2009, at his expense and without any preconditions; and 2. With respect to the count in the petition for contempt, a Rule is issued upon Defendant to show cause why he should not be adjudicated in contempt and sanctioned, said Rule to be returnable at a hearing in Court Room No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, September 10, 2009, at 3:00 p.m., at which time and place Defendant is directed to appear. BY THE COURT, ?D ebra D. Cantor, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, Pa. 17108 Attorney for Plaintiff esley Olck)Jr., J. v. Kara W. Haggerty, Esq. 2 West High Street Carlisle, Pa. 17013 Attorney for Defendant nD t?s ma??? FILED- OF THE Pl-'.. 2 J' _L 28 N1.1 I : 16 {a MOM & KITLiLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ANN MARIE COMENSKY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Petitioner, Scott G. Batson, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., files this Motion for Continuance, as follows: 1. On July 20, 2009, Mother filed a Petition for Emergency Relief for the Immediate Return of the Children from California, regarding the two children, namely, Maximillian Matthew Batson, born June 21, 1997 and Alexander James Batson, born July 26, 1999. 2. On July 27, 2009, Mother filed a second Petition for Emergency Relief for the Immediate Return of the Children from California that includes a Count for Contempt. 3. By Order of Court dated July 28, 2009, a Rule is issued upon Father to show cause why he should not be adjudicated in contempt and sanctioned, said Rule to be returnable at a hearing on Thursday, September 10, 2009. 4. Father resides full time in California and is scheduled to come to Pennsylvania for the Custody Hearing on October 5, 2009. 5. As the primary issue with the return of the Children from California was regarding having the funds available to pay for the multiple trips between California and Pennsylvania, Father is without additional resources to make multiple trips to Pennsylvania. 6. Father requests that the Rule to Show Cause by returnable at the time and place scheduled for the Custody Trial in the above-captioned matter. 7. It is anticipated that the Custody Evaluation Report that is expected to be forthcoming from Dr. Kasey Shienvold will be available to the parties and their counsel well in advance of the October trial, and helpful in resolving all outstanding issues between the parties. 8. Plaintiff's counsel has been contacted regarding this matter and she does not concur with the request for a continuance. 9. Judge Oler has ruled on previous issues in this case. WHEREFORE, Father/Petitioner respectfully requests that this Honorable Court grant the request for a continuance of this matter and schedule the Rule Returnable Hearing for October 5, 2009, to be heard contemporaneously with the Custody Hearing. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: ol U ) v l?-Haq 4(A_? Kara W. Haggerty, E q e 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE s?2 AND NOW, this,3 ay of September, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance, upon the counsel for Plaintiff/Respondent by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Debra D. Cantor, Esquire McNees Wallace and Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, Abvm & KL6ikd* LLP. I?riuct.v. Odawfi4 Kara W. Haggerty, E§ r Attorney ID No.86 14 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ?r TH1. r ~r''sr?u`7Y 20'59 ISE? -3 F i j Ci f Mom & KU urAKIs Kara W. Haggerty, Esquire Attomev I.D. #: 86914 2 West High Street Carlisle. PA 17013 (717) 249-0900 ANN MARIE COMENSKY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA V. NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY MOTION FOR RECONSIDERATION OF CONTINUANCE REQUEST AND/OR REQUEST FOR CLIENT TO PARTICIPATE VIA TELEPHONE TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Petitioner, Scott G. Batson, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., files this Motion for Reconsideration of Continuance Request and/or Request for Client to Participate Via Telephone, as follows: 1. Undersigned Counsel filed a Request for Continuance of the Hearing on Contempt, which is scheduled for Thursday, September 10, 2009, at 3:00 p.m. 2. On September 8, 2009, Counsel received word from this Honorable Court's Chambers that the Continuance Request has been denied. 3. Upon advising Defendant Batson of the denial, Undersigned Counsel was advised that the Defendant, Mr. Batson, is under Subpoena to be in an Arbitration Proceeding in California. See Witness Subpoena attached hereto as Exhibit "A". 4. Undersigned Counsel was advised by the Defendant that the proceedings have extended through this week and he has not yet been called to testify. Counsel is further advised that the Defendant is on a two-hour standby to testify in the Arbitration proceedings. 5. In light of Defendant's obligation in California, Undersigned Counsel is requesting this Honorable Court to reconsider the request for a continuance and continue the contempt hearing to occur at the time of the Custody trial, which is scheduled for October 5, 2009 at 9:30 a.m. 6. In the alternative, due to Defendant's obligations in Court in California, Undersigned Counsel is requesting that the Defendant be permitted to participate via telephone at the Contempt Hearing in order to offer his testimony for that proceeding. 7. Undersigned Counsel has contacted Attorney for the Plaintiff, Debra D. Cantor, Esquire, who does not concur with either request. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the request for a continuance of this matter or, in the alternative, grant the request for the Defendant to participate via telephone at the contempt proceedings. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: 09 mr log Kara W. Haggerty, 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael L. Rains (SBN 091013) Terry R. Leoni (SBN 246020) RAINS LUCIA STERN, PC 2300 Contra Costa Blvd., Suite 230 Pleasant Hill, CA 94523 Tel: (925) 609-1699 Fax: (925) 609-1690 Attorneys for Grievant T.J. THOMAS ARBITRATION PROCEEDINGS BEFORE CHARLES ASKIN IN THE APPEAL FROM TERMINATION Witness Subpoena OF T.J. THOMAS / (Code of Civil Procedure, Section 1282.6) To: Scott Batson 1671 Maralisa Court Livermore, CA 94551 YOU ARE COMMANDED to appear at the date, time, and location listed below to give sworn testimony in the above-referenced matter: DATE: September '3, 2009 TIME: 10:00 a.m., or as arranged through counsel whose name appears below PLACE: The Souza Group, 4615 First Street, Pleasanton, California If you have any questions concerning this Subpoena, or wish to coordinate your appearance or the production of records, please contact: Michael L. Rains, Esq. Terry R. Leoni, Esq. Rains Lucia Stern, PC 2300 Contra Costa Blvd., Suite 230 Pleasant Hill, AC 94523 Telephone: 925-609-1699/Facsimile: 925-609-1690 Dated: August 18, 2009 40W Arbitrator WITNESS SUBPOENA EXIRBIT (W) CERTIFICATE OF SERVICE AND NOW, this A??day of September, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion for Reconsideration of Continuance Request and/or Request for Client to Participate Via Telephone, upon the counsel for Plaintiff/Respondent by facsimile and by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Debra D. Cantor, Esquire McNees Wallace and Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, Abom & KmWki s, LLP. Kara W. Haggerty, E r Attorney ID No.8691 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CAF THE P,IMTH NOTARY 2009 SEP -9 AM l ! : 3+ PENN i'lLA;,,?fry: ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-4572 CIVIL SCOTT G. BATSON, Defendant IN CUSTODY IN RE: DEFENDANT'S MOTION FOR CONTINUANCE ORDER AND NOW, this day of September, 2009, the Defendant's Motion For Continuance of the hearing scheduled for September 10, 2009, is DENIED. BY THE COURT, Debra D. Cantor, Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant rlm 4l4 l vq f rJ Wesley Ol, Jt., Esquire FILED- C?R^E THE vRl- '! ' " NaY 2009 SEP -9 AM 11 : 2 0 ut"ITY McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 260-1667 facsimile dcantor mwn.com ckrentzman@mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4572 CIVIL TERM V. SCOTT G. BATSON, Defendant : CIVIL ACTION -LAW IN CUSTODY ANSWER TO MOTION FOR RECONSIDERATION OF CONTINUANCE REQUEST AND/OR REQUEST FOR CLIENT TO PARTICIPATE VIA TELEPHONE AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, and files this Answer to Defendant's Motion For Reconsideration Of Continuance Request And/Or Request For Client To Participate Via Telephone as follows: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and, therefore, the averments are denied. By way of further answer, the witness subpoena attached as Exhibit A to Defendant's Motion is dated August 18, 2009 and is for Mr. Batson's appearance on September 3, 2009. It is important to note that the Order requiring Mr. Batson's attendance AT HIS OWN PROCEEDING, was issued on July 28, 2009, well in advance of the issue of this witness subpoena. It is also questionable that Defendant's original Request for Continuance did not make mention of this proceeding, only the cost of travel. 4. Denied. By way of further answer, the Order requiring Mr. Batson's appearance in Pennsylvania was issued on July 28, 2009 well in advance of the arbitration witness subpoena. Mr. Batson should have notified California counsel of the conflict and made arrangements to provide his witness testimony in another way or on another day. The Petition makes no explanation of efforts in this regard. 5. Denied. Mr. Batson has engaged in a series of contemptuous behaviors against this Court. This hearing was caused by his own behavior. Defendant should not be allowed to continue this matter. It is possible that the custody hearing on October 5, 2009 will not be necessary in light of the results of a pending custody evaluation. However, it is not expected that this matter for contempt will be settled. Therefore, it is ripe to be heard now as scheduled. 6. Denied. It is not appropriate to have a party to this case, testify via telephone yet appear live as a witness on behalf of someone else. It is Plaintiffs right to have her counsel face this witness and to allow the Court to judge his credibility. At no time did Mr. Batson advise this Court of any potential conflict nor advise his attorney of his obligations until the day before his contempt hearing. This is an example of Mr. Batson continuing to flaunt his disregard for the importance of this Court and this proceeding. I" Plaintiff has incurred significant costs as a result of Mr. Batson's contempt, including the continuous costs of replying to these last minute requests for continuance and reconsideration. Such should be denied. 7. Admitted. Counsel for Plaintiff strenuously objects to these last minute objections created by Defendant. WHEREFORE, Plaintiff, Ann Marie Comensky, respectfully requests that this Honorable Court deny the Defendant's request for reconsideration of the continuance of this matter, and further deny the request for Defendant to participate by telephone. Respectfully submitted, McNEES WALLACE & NURICK LLC By 'bra D. for Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff, Ann Marie Comensky Dated: September 9, 2009 CERTIFICATE OF SERVICE AND NOW, on this gth day of September, 2009, 1 hereby certify that I have served a true and correct copy of the foregoing document by facsimile and first-class mail, as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 [Fax No. 717-249-3344] i De a . Canto Fit TH. 2 0 0 9 SLP 10- F'1? 112: 11 1 ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-4572 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR RECONSIDERATION OF CONTINUANCE REQUEST AND/OR REQUEST FOR CLIENT TO PARTICIPATE VIA TELEPHONE ORDER OF COURT AND NOW, this 10th day of September, 2009, upon consideration of Defendant's Motion for Reconsideration of Continuance Request and/or Request for Client to Participate Via Telephone and of Plaintiff's answer thereto, the motion for reconsideration of the continuance request is denied; Defendant is hereby permitted to participate in the hearing scheduled for September 10, 2009, via telephone, at his own expense. BY THE COURT, " llebra D. Cantor, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, Pa. 17108 /Attorney for Plaintiff ? Kara W. Haggerty, Esq. 2 West High Street Carlisle, Pa. 17013 Attorney for Defendant cop Ces eym, Quo f ?q esley Ole r., J. c:: S ANN MARIE COMENSKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SCOTT GLENN BATSON, Defendant 05-4572 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this 10th day of September, 2009, upon consideration of Count 2 (Contempt) of Plaintiff's Petition for Emergency Relief for the Immediate Return of the Children from California, filed July 27, 2009, and following a hearing, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the orders herein, and he is consequently adjudicated in contempt. The sanction of the Court with respect to this finding of contempt is as follows: 1. Within 60 days of today's date Defendant is directed to pay the sum of $5,414.10 to Plaintiff for expenses and attorneys fees; and 2. The Defendant is sentenced to undergo imprisonment in the Cumberland County Prison for a period of 2 months. The condition of purge with respect to the jail sentence imposed herein is that the Defendant hereafter without fail comply in all respects with the Orders of Court in effect in this case. By the Court, J. esley Ole Jr. . .' -' Debra D. Cantor, Esquire 100 Pine Street. P.O. Box 1166 Harrisburg, PA 17108 For Plaintiff - Kara Haggerty,.Esquire 2 West High Street Carlisle, PA 17013 For Defendant CCP Sheriff Probation :mae Cori.*) t ." rTQ t LL q// 44 FILED-Ot'FiCE OF THE ?10TARY 2009 SEP 1 1 AN 11: 4 0 P?Ni ISYLVMIA } . ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant NO. 05-4572 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2°d day of October, 2009, upon consideration of the attached letter from Debra D. Cantor, Esq., attorney for Plaintiff, the hearing previously scheduled for October 5, 2009, is rescheduled to Wednesday, December 30, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 1 1, , ' c ZDebra D. Cantor, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, Pa. 17108 Attorney for Plaintiff /a W. Haggerty, Esq. 2 West High Street Carlisle, Pa. 17013 Attorney for Defendant :rc CCs eylat <a eon I J. Wesley O J. 10/1/2009 11:56 AM McNees Wallace & Nurick LLC -> 917172406462 2 r w AWN. Ideas Wallace & I' urickuc attorneys at Is* October 1, 2009 DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAx: (717) 260-1667 E-MAIL ADDRESS: DCANTOR@MWN.COM The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse VIA FACSIMILE One Courthouse Square [717-240-6462] Carlisle, PA 17013 RE: Ann Mane Comensky v. Scott G. Batson C.C.P. Cumberland Co. No. 05-4572 (In Custody) Dear Judge Oler: 6 Unfortunately, Dr. Shienvold has not completed th/ereport in the above-captioned matter in time for our hearing scheduled for October 3, 2009. Therefore, the parties are requesting a continuance of this matter until completion of the report. We were, however, able to have a conversation with Dr. Shienvold with regard to his proposed recommendation. We do believe we will be able to come to a resolution of this matter without hearing. Nonetheless, we are requesting a continuance and a rescheduling of this matter to a later date. We hope to have a resolution and final agreement within the next two to three weeks. Your attention is greatly appreciated. Sincerely, McNFU WA } CE ,IURI K LLC By 15-e r DDC/jmb cc: Kara Haggerty, Esquire (via facsimile) Ann Marie Comensky 100 PINE STREET - PO BOX 1166 - HARRISBURG, PA 17108 - TEL: 717.232.8000 - FAX: 717.237.5300 - wwW.MWN.COM COLUMBUS, OH - STATE COLLEGE, PA - LANCASTER, PA - HAZLETON, PA - WASHINGTON, DC R2L Cc D --0FFitC"c OF THE: PRIOTPONOTAPY 2009 OCT -5 PP, 2: 4? PrMNt.Vi /r, f.ta Mom CSC' LiTLIL wis Kara W. Haggerty, Esquire Attomey I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Petitioner, Scott G. Batson, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., files this Petition for Special Relief as follows: 1. On August 1, 2008, a Petition for Contempt and Modification of the underlying Custody Order dated November 23, 2005 regarding two children, namely, Maximillian Matthew Batson, born June 21, 1997 and Alexander James Batson, born July 26, 1999, was filed. 2. On August 8, 2008, the opposing party filed an Answer and Counter-Claim to the Petition for Contempt and Modification. 3. A Custody Conference was held before Hubert X. Gilroy, Esquire on September 5, 2008 at which time no resolution was made. 4. A Custody Hearing was set for December 31, 2008 at 9:30 a.m. before Judge J. Wesley Oler, Jr. 5. Pursuant to Stipulation and subsequent Court Order dated January 9, 2009, the offices of Reigler & Shienvold were appointed to perform a Custody Evaluation in this matter. 6. The Custody Evaluation process is complete; however, the parties have not yet received the evaluation report. 7. The Custody Hearing in this matter has been continued multiple times while awaiting the Custody Evaluation report, and the hearing is presently scheduled for December 30, 2009. In an effort to resolve this matter without hearing, counsel for both parties spoke to Dr. Kasey Shienvold who provided his preliminary recommendation for custody. 9. The January 9, 2009 Order of Court specifically upholds the November 23, 2005 Order of Court for Custody and said Order still controls. 10. Paragraphs (1) through (9) are incorporated herein as though set forth in full. 11. The November 23, 2005 Order of Court provides that the parties shall share or alternate holidays by mutual agreement and that the parties shall confirm their agreement with regard to holiday arrangements 30 days in advance. 12. By letter dated October 22, 2009, Father provided Mother with notice that he would like to exercise custody of the children for Thanksgiving 2009. A copy of the October 22, 2009 letter is attached hereto as `Exhibit A'. 13. Father has never exercised custody of the children for Thanksgiving since the parties' separation. 14. In his preliminary recommendation to counsel, Dr. Shienvold proposed that Father would exercise custody for all vacations from school, with the exception of Christmas and the summer wherein Mother would be provided some custodial time. 15. In his preliminary recommendation to counsel, Dr. Shienvold also proposed that the costs of travel would be primarily the responsibility of Mother, or at the very least shared by the parties. 16. By verbal response, Attorney Cantor advised undersigned Counsel that Mother would not agree to Father exercising custody for Thanksgiving unless and until he paid his prior obligation to her and began paying child support and would not agree to be financially responsible for the travel costs at all. 17. Father must make travel arrangements for the children for their period of custody to be exercised in California as soon as possible. 18. At the time of his request, airline tickets for the children cost approximately $250.00 each. At the present time, due to Mother's failure to cooperate under the November 23, 2005 Court Order, airline tickets are now in excess of $900.00 each. 19. Trial in this matter has been delayed due to the lack of the custody evaluation report from Dr. Shienvold. 20. At the time of the last scheduled hearing, Father learned that the report was delayed due to Mother's failure to timely complete all testing with Dr. Shienvold's office. 21. Father has incurred significant expenses preparing for court proceedings that have been delayed and traveling to Pennsylvania from California for court proceedings that do not occur. 22. It is believed and therefore averred that the basis for Dr. Shienvold's preliminary recommendation that Mother be primarily or equally responsible for all travel costs in her relocation to Pennsylvania with the children without Father's consent and Father's significant involvement in the children's lives, despite travel restrictions, both in California and in Pennsylvania. 23. Father specifically requests an Order granting him custodial time with the children for the Thanksgiving 2009 holiday. 24. Father specifically requests an Order providing that Mother be solely responsible for travel costs and travel arrangements for the children to exercise custody with their Father in California for Thanksgiving. 25. Plaintiff is deliberately and willfully failing to abide by This Court's November 23, 2005 Court Order requiring the parties to share holidays. 26. As a result of Plaintiff's willful disobedience of This Court's Order, Defendant had to file the within Petition and has incurred substantial fees and costs in relation to this matter, including attorneys' fees and costs and potential travel costs. 27. As such, Defendant requests that This Honorable Court enter an Order holding Plaintiff responsible for all costs, fees and expenses incurred by Defendant. 28. Based on prior conversations with Attorney Cantor, it is believed and therefore averred that she does not concur with the requests made in this petition. WHEREFORE, Petitioner requests this Honorable Court grant the request for Special Relief, and enter an Order requiring the Plaintiff to immediately make travel arrangements for the children to spend Thanksgiving in California with their Father. In addition, Defendant is requesting This Honorable Court enter an order requiring Plaintiff to be held responsible for all costs, fees and expenses incurred by Defendant in regard to this matter. Date: 111[1 log Respectfully submitted, ABOM & KUTULAKIS, LLP Kara W. Haggerty, 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 l 0 I OFFICE LOCATIONS CARLISLE OFFICE 1 ? 1 (717) 249-0900 T LI LA K I S U HARRISBURG OFFICE , (717) 232-9511 ATTORNEYS AT LAW CHAMBERSBURG OFFICE (7177) 267-0900 YORK OFFICE (717) 846-0900 October 22, 2009 ViaaBoad v-MailandFacsvrale-26b-1667 Debra D. Cantor, Esquire McNees, Wallace & Nurick P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Re: Ann Marie Ownem9ky u Soon G. Batson Dbekd Na 05-4572 0iwFffe Na: 09-353 Dear Attorney Cantor: I am writing to propose a custody schedule for the upcoming Thanksgiving and Christmas holidays. Our proposal is as follows: For Thanksgiving, Scott will fly to Harrisburg on Tuesday, November 24, 2009 and schedule a flight for himself and the boys to California on Wednesday, November 25, 2009. For the return trip, Ann Marie may fly to California on the Sunday after Thanksgiving and Scott will meet her at the airport on Monday, morning to return to Pennsylvania. Regarding payment, Scott will pay for his portion of the trip to get the boys to California and Ann Marie can be responsible for payment of the return trip. For Christmas, Scott would propose a similar mode of travel and I do know that he would like to exercise Christmas with the boys this year, as he has not had them for Christmas for the last year or two. The only complication that I can see is the Custody trial is now scheduled for December 30, 2009. Should Ann Marie be willing to allow Scott a majority of the Christmas break as he is not working this year and is able to spend the entire time with the boys, that could alleviate some of the issues with scheduling. I am also hopeful that we can exchange proposals in order to resolve custody and potentially alleviate the need for a hearing. &H I& T `A / Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAx (717) 249-3344 Debra D. Cantor, Esquire October 22, 2009 Page Two To that end, you had previously indicated that you would forward a proposal for custody to me that Ann Marie had drafted. I have yet to receive anything of that nature. If you would forward that information to me I would share it with my client and we can review your proposal and see where we are regarding a resolution. Please respond regarding the holiday custody as soon as possible so that the parties may make whatever arrangements necessary for plane tickets. Thank you for your prompt attention to this matter. Very truly yours, Abvm & Kos, LZP Kara W. Haggerty KWH/dlr cc: Scott Batson AND NOW, this 17th day of November, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the counsel for Plaintiff/Respondent by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Debra D. Cantor, Esquire McNees Wallace and Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, Abom & Kz&zkf is, LLP. Kara W. Haggerty, Esq Attorney ID No.86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 OF MN M !7 FM 3t 2 44LO?u4wlam McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor(&-mwn.com ckrentzman cCD,mwn.com Attorneys for Respondent ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. SCOTT G. BATSON, CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICE TO PLEAD TO: SCOTT G. BATSON, Defendant, and KARA W. HAGGERTY, ESQUIRE, His Attorney: You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: November 10, 2009 McNEES WALLACE & NURICK LLC B ,Dabrra D. Attorneylb No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff, Ann Marie Comensky McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor ,mwn.com ckrentzmanO-mwn.com Attorneys for Respondent ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Ann Marie Comensky, by and through her counsel, McNees Wallace & Nurick LLC, and files this Answer to Defendant's Petition for Special Relief as follows: 1. Admitted. Said Petition was filed by Defendant. 2. Admitted. By way of further answer, said Reply was filed by Plaintiff. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. This is an incorporation paragraph to which no response is required. 11. Admitted. The Order of Court speaks for itself. 12. Admitted. 13. Admitted. It is admitted that historically the parties have considered only Christmas as the applicable holiday. Defendant has not exercised custody at any other holiday. 14. Denied. In his preliminary recommendation to counsel, Dr. Sheinvold provided various alternatives for resolution of this matter, including various times in which Defendant could exercise custody during holidays and summer. A formal comprehensive recommendation was not provided by Dr. Sheinvold. 15. Denied. It is denied that in his preliminary recommendation Dr. Sheinvold suggested that Plaintiff would be primarily responsible for the costs of travel. It is admitted that Dr. Sheinvold found it reasonable that for certain periods of the Order travel would be shared. Dr. Sheinvold never stated that the costs would be shared for every period of travel, nor was he aware of the outstanding, overdue award of fees and costs to Plaintiff in an amount over $5,000. 16. Denied. It is denied that counsel indicated that Plaintiff would not agree to Defendant exercising custody for Thanksgiving. 17. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, it has been over 3 weeks since Defendant's counsel has discussed this matter with Plaintiffs counsel. 2 18. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 19. Admitted. 20. Denied. As discussed among counsel, it was believed that Dr. Sheinvold did not relay Plaintiffs need to complete any additional testing in a timely fashion. In fact, Dr. Sheinvold indicated to counsel that he was prepared to prepare the report after the last continuance of this matter. Both counsel were surprised when it was not completed. 21. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, Plaintiff incurred similar costs in preparing for continued hearings. Defendant also never traveled to Pennsylvania for a custody hearing unless he was scheduled to be in Pennsylvania for a criminal matter. 22. Denied. At no time did Dr. Sheinvold indicate such a response. 23. Admitted. By way of further answer, Defendant is entitled to share holidays pursuant to the Court Order. 24. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 25. Denied. 26. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 3 27. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 28. Admitted. It should be noted that Attorney Cantor has not been contacted regarding this issue since October 27, 2009. NEW MATTER 29. Plaintiff incorporates Paragraphs 1-28 of this Answer to Petition for Special Relief herein as if fully set forth at length. 30. Since the initiation of these actions on August 1, 2008, two Petitions for Contempt have been filed against Defendant. 31. The most recent Petition for Contempt was based on Defendant's unilateral withholding of the children in violation of the Order in California. 32. As a result of this Petition for Contempt, this Court entered two Orders demanding the return of the children. Defendant ignored such Orders. 33. After hearing on September 10, 2009, this Court entered an Order finding Defendant in contempt and sentencing imprisonment for a period of two months as a result thereof. The condition of the purge was the full compliance in all respects of the Orders of the Court in this case. 34. The September 10, 2009 Order included a requirement that Defendant pay $5,414.10 to Plaintiff within 60 days of the entry of the Order, or November 10, 2009. 35. Upon receipt of a letter dated October 22, 2009, requesting custody of the children on Thanksgiving and Christmas and the distribution of costs among the parties, Plaintiffs counsel contacted Attorney Haggerty and indicated that there would be no such 4 agreement to share costs until such time as he was in compliance with the Order of this Court dated September 10, 2009. 36. As of this date, Defendant is in violation of the Order of Contempt and is now subject to imprisonment in Cumberland County for two months. 37. At no time did counsel indicate that Plaintiff would not be agreeable to the childrens' travel to California for either Thanksgiving or Christmas, but instead demanded that payment pursuant to the Order be made. Once he was in compliance with the Order, Plaintiff would have sufficient funds to share in any future costs. In the alternative, Defendant could be solely responsible for said travel costs. 38. This position should have come as no surprise, as on October 21, 2009, counsel sent Attorney Haggerty a proposal for settlement indicating that transportation costs would not be shared until such time as all sums due and owing under the Court Order dated September 10, 2009 were paid. 39. Attorney Haggerty indicated that she would discuss the status of payment with Defendant and get back to Plaintiffs counsel. This telephone conference took place on October 27, 2009. Until the filing of this Petition, at no time had Plaintiffs counsel ever heard a reply from Attorney Haggerty as to payment. 40. Again, payment under the Order remains outstanding, and pursuant to the terms of the Order, Defendant is subject to two months in Cumberland County Prison. 41. It is unclear why Defendant believes that he can continue to be repeatedly in contempt of this Court's Orders, yet be entitled to contributions by Plaintiff for transportation when such is not provided in any Order. The situation that Defendant finds himself in is in no way related to Plaintiffs behavior. 42. Had Defendant paid the underlying Order in a timely fashion, arrangements could have easily been made for transportation for the boys for Thanksgiving. However, 5 Defendant continues to flaunt this Court's authority by not paying such Order. As such, Plaintiff requests the Court issue a bench warrant pursuant to the Order of Court dated September 10, 2009. WHEREFORE, Plaintiff, Ann Marie Comensky, respectfully requests that this Honorable Court deny the Defendant's Petition for Special Relief, and orders that a bench warrant be issued against Defendant pursuant to the Court Order dated September 1, 2009. Respectfully submitted, McNEES WALLACE & NURICK LLC By Delk or Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Plaintiff, Ann Marie Comensky Dated: November 1q, 2009 6 11/19/2009 11:17 7177708860 DDSP KM PAGE 01/01 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Ann Marie Comensky Dated: 1 i I/ y' o I CERTIFICATE OF SERVICE 9 AND NOW, on this 1?jth day of November, 2009, 1 hereby certify that I have served a true and correct copy of the foregoing document by first-class mail, as follows: Kara W. Haggerty, Esquire 2 W. High Street Carlisle, PA 17013 )ee-aanneBarnhart, Legal Secretary RLED-ORCE OP THE PPO`fTinNOTARY 2009 NOV 19 Pik 12: 01 L?JOUNTY PENNSYLVANLA ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT G. BATSON, Defendant NO. 05-4572 CIVIL IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this day of November, 2009, upon consideration of Defendant's Petition for Special Relief, and Plaintiff's Answer to Petition for Special Relief with New Matter, a hearing shall be held on Wednesday, December 30, 2009 at 9:30 A.M., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, to coincide with the hearing previously scheduled for this date and time. A rule is entered upon Defendant to show cause why the relief requested in Plaintiffs New Matter should not be granted. This rule is returnable at the time of the above-referenced hearing. Debra D. Cantor, Esq. McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 ?3 - Attorney for Plaintiff BY THE COURT, BLED +.) _F CE OF THE F0,ifi Htn, TARP 2009 NOY 23 PM 2: 2 I cu?? .;C"JNITly a0 '; /t_ 1- ?1 ?"? i"' FED ` t:r % Kara W. Haggerty, Esq. Abom & Kutulakis 2 W. High Street Carlisle, PA 17013 Attorney for Defendant FILEU-{"=E OF THE PR' I ..? ).\nTARY 2009 NOY 23 F 3: 16 Cuv . L 1 ! ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-4572 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of November, 2009, following a telephone conference with Debra D. Cantor, Esq., attorney for Plaintiff, and Kara W. Haggerty, Esq., attorney for Defendant, the issues raised in the attached petition will be considered at the custody hearing already scheduled for Wednesday, December 30, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Debra D. Cantor, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, Pa. 17108 Attorney for Plaintiff Kara W. Haggerty, Esq. 2 West High Street Carlisle, Pa. 17013 Attorney for Defendant :rc BY THE COURT, FILED-OFFiCF OF THE PROTH ??!OTARY 2009 NOY 23 PM 2: 2 l ? ?.,^.yrbr ?? t"ElN,' ;S + ? i,A Mom & LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: Petitioner, Scott G. Batson, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., files this Motion for Continuance, as follows: 1. On August 1, 2008, Petitioner filed a Petition for Contempt and Modification of the underlying Custody Order dated November 23, 2005 regarding two children, namely, Maximillian Matthew Batson, born June 21, 1997 and Alexander James Batson, born July 26, 1999. 2. On August 8, 2008, Respondent filed an Answer and Counter-Claim to Petitioner's Petition for Contempt and Modification. 3. A Custody Conference was held before Hubert X. Gilroy, Esquire on September 5, 2008 at which time no resolution was made. 4. A Custody Hearing was set for December 31, 2008 at 9:30 a.m. before Judge J. Wesley Oler, Jr. Pursuant to Stipulation and subsequent Court Order dated January 9, 2009, the offices of Reigler & Shienvold were appointed to perform a Custody Evaluation in this matter. 6. Pursuant to the January 9, 2009 Order of Court, a new hearing had been set for Wednesday, April 1, 2009 at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. 7. The January 9, 2009 Order of Court specifically upholds the November 23, 2005 Order of Court for Custody and said Order still controls. 8. Said hearing was continued on several occasions and was last scheduled to be heard on October 5, 2009. 9. Father travelled to Pennsylvania from California for the October 5, 2009 custody trial; however, that hearing was continued due to the Custody Evaluation report not being completed. a. It is believed and therefore averred that Father was advised by the evaluator that the report was not yet complete due to Mother's failure to complete all testing required. 10. As a primary issue in the instant case is regarding having the funds available to pay for the multiple trips between California and Pennsylvania, Father is without additional resources to make multiple trips to Pennsylvania. 11. On or about December 26, 2009, Father's future mother-in-law had a heart attack and was admitted to the hospital. 12. It has been necessary for Father and his fianc6e to remain in California to be available for any necessary and last minute care. 13. While the parties have been expecting the Custody Evaluation Report since October, the report was received via email and facsimile on Wednesday, December 23, 2009. 14. Father, by and through undersigned counsel, made an oral motion to This Honorable Court to be granted leave to participate in the custody hearing via telephone. 15. Plaintiff, by and through her counsel, Debra Cantor, Esquire, did oppose that request. 16. Undersigned counsel has been unable to find any legal authority for the Court to grant such request where there is opposition by the other party. 17. Father is requesting a continuance of the hearing scheduled for Wednesday, December 30, 2009, due to his inability to be present for the hearing and to provide additional time to review and prepare testimony in light of the receipt of the custody evaluation report. 18. Plaintiff's counsel has been contacted regarding this matter and she does not concur with the request for a continuance. 19. Judge Oler has ruled on previous issues in this case. WHEREFORE, Father/Petitioner respectfully requests that this Honorable Court grant the request for a continuance of this matter and reschedule the Custody Hearing to the next available date. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: 12-12-91 DGi Kara W. Haggerty, Es 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE AND NOW, this 29th day of December, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance, upon the counsel for Plaintiff/Respondent via facsimile and by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Debra D. Cantor, Esquire McNees Wallace and Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, Abom & KWW &&A LLP. 1 Kara W. Haggerty, Attorney ID No.86 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ?JV CI lLi i McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Plaintiff ANN MARIE COMENSKY, Plaintiff V. SCOTT G. BATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY RESPONSE TO MOTION FOR CONTINUANCE Respondent, Ann Marie Comensky, by and through her counsel, Debra Denison Cantor, and McNees Wallace & Nurick LLC, files this Response to Petitioner's Motion for Continuance as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. Respondent cannot determine whether or not Petitioner traveled to Pennsylvania in October of 2009. It is admitted that the custody trial scheduled for that date was continued due to the absence of the custody evaluation report. a. Denied. It is denied that the evaluation was not complete due to Respondent's failure to complete all testing required. In fact, the report was finally issued on December 23, 2009. 10. Denied. It is denied that the primary issue in the instant case is in regard to funds available to pay for trips between California and Pennsylvania. Instead, at primary issue, as raised by Petitioner, is who should maintain primary physical custody of the children. After reasonable investigation, the remainder of this averment is denied. 11. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. Petitioner has provided no proof in regard to the hospitalization of his future mother-in-law, or the seriousness of the condition. More importantly, Petitioner has failed to demonstrate that he had ever purchased a ticket to return to Pennsylvania for the hearing. 12. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. No averments have been made in this Motion, nor exhibits provided, that demonstrate the seriousness of the medical condition nor proof that Petitioner ever intended to travel to Pennsylvania for this hearing. 2 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 17. Denied. It is on Petitioner's own volition that he is unable to attend the hearing, which also includes this Court's decision in regard to Petitioner's violation of the September 10, 2009 Order. While the formal report from the evaluator was received on December 23, 2009, the parties received an oral version of this report in October, and an offer of settlement has been pending from Respondent since that time. There is nothing new in the evaluation report that was not discussed with counsel in October or that should have inhibited counsel's ability to prepare for this matter. 18. Admitted. By way of further answer, this matter has been continued four times and has been pending for approximately 18 months. Petitioner's unwillingness to travel to Pennsylvania for his own hearing is not a basis for a continuance request at this last minute. By way of further answer, Respondent's counsel requested proof that a ticket had been purchased by Petitioner and proof of the hospitalization and seriousness of the claim, none of which have been provided. This is Petitioner's second last minute request for a continuance. This matter is ripe to be heard. 19. Admitted. 3 WHEREFORE, Respondent, Ann Marie Comensky, respectfully requests this Honorable Court to Deny Petitioner's Motion for Continuance. Respectfully submitted, McNEES WALLACE & NURICK LLC r By Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile Attorneys for Respondent, Ann Marie Comensky Dated: December 29, 2009 4 CERTIFICATE OF SERVICE AND NOW, on this 29th day of December, 2009, 1 hereby certify that I have served a true and correct copy of the foregoing document by facsimile as follows: Kara W. Haggerty, Esquire 2 W. High Street Carlisle, PA 17013 (717) 249-3344 (fax) r? Debra D. Cantor FILE- 0, E 2009 DEC 2 9 F `i 3: 3 0 DEC 2 9 2009 ANN MARIE COMENSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM V. CIVIL ACTION - LAW SCOTT G. BATSON, Defendant IN CUSTODY ORDER OF COURT R AND NOW, this 2?day of bGL , 2009, upon consideration of Defendant's Motion for Continuance, and Plaintiffs Response thereto, a continuance of this matter is DENIED. Distribution: "Debra D. Cantor, Esquire, (717) 260-1667 (fax) Cara W. Haggerty, Esquire (717) 249-3344 (fax) 1?6p 1;2S /nz t LL BY THE COURT: tt r ..l!f ar_ OF THEE- P, THONOTARY 2009 DEC 29 FM 4: 2 Ili N Ty, ANN MARIE COMENSKY, Petitioner V. SCOTT G. BATSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4572 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 1 ORDER OF COURT AND NOW, this 36 day of December, 2009, after hearing it is hereby ORDERED and DIRECTED as follows: 1. Lenal Custody: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa. C.S.A. §5309. C. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. Physical Custody: Mother shall have primary physical custody of the parties' children. Father shall have partial physical custody of the children as follows: a. Summer: Father shall have physical custody to begin one week following the last day of school at 12`.00 noon until 12:00 noon on August 1. b. Spring Break: In the event there is a Spring Break from school and Father so elects, Father shall have physical custody of the children from the end of school the day prior to the first day of the school break, until 12:00 noon one day prior to the resumption of school. C. Holidays: 1) Thanksgiving school holiday: In odd-numbered years Father will have physical custody of the children on Thanksgiving from 12:00 noon on the first day of break, until 12:00 noon one day before the resumption of school. 2) Christmas/New Year's school holiday: In even-numbered years, Father shall have custody of the Children beginning at 12:00 noon on the first day of the break and ending at 12:00 noon one day before the resumption of school. 3) Notwithstanding the above, in 2010 Father shall have both Christmas and Thanksgiving breaks as above defined as long as Father is fully responsible for the costs of travel and complies will all other provisions of this order. 2 d. Itinerary: For all periods of his partial physical custody, Father shall provide Mother with travel plans and a confirmed itinerary for both departing and returning flights, no later than three (3) weeks prior to the scheduled custodial period. If Father does not provide this itinerary within the time required, it is understood that Father forfeits that period of custodial time. All transportation shall be from Harrisburg International Airport. All exchanges shall take place at the airport. Mother and Father may agree to other locations for transportation prior to booking the travel and with consideration of Mother's work schedule. 3. Cost of Transportation: Father shall absorb 100% of the costs of transportation for the children until he has: 1) made payment to Mother in compliance with the Court Order dated September 10, 2009; and 2) begun making regular child support payments. Once Father complies with these requirements, Mother agrees to share equally in the costs of the children's transportation for the summer and holiday travel. Father shall be solely responsible for the costs of travel over Spring Break. If Father discontinues making child support payments, he shall resume full responsibility for the costs of travel. 4. Counseling:. a. Children: The children shall be allowed to participate in counseling, as needed. Specifically, Max shall begin working with a child therapist immediately. Both parties shall execute all paperwork necessary to allow the children to attend therapy. Mother shall notify Father of the selected therapist and shall give Father updates regarding progress. Both parties shall participate and cooperate with the counselor as requested. b. Father: In compliance with the recommendations in the custody evaluation dated December 23, 2009, Father shall begin therapy immediately with a licensed psychologist or mental health counselor. Father agrees to continue said therapy to 3 address all issues raised in the evaluation by the therapist. The therapist shall be provided a copy of the report. 5. Electronic Contact: Father's telephone contact shall be scheduled as follows: Father may call once daily between 6:00 pm and 8:00 pm. E.S.T. These telephone calls shall be limited to 15 minutes in duration. If the children are unavailable during the allotted time, they shall call Father back. The children have the right to make additional phone calls as they desire; however, Father shall not direct the children to call him at any times outside the scheduled time period. Mother's telephone contact shall be scheduled as follows: Mother may call once daily between 2:00 pm and 4:00 pm. P.S.T. These telephone calls shall be limited to 15 minutes in duration. If the children are unavailable during the allotted time, they shall call Mother back. The children have the right to make additional phone calls as they desire; however, Mother shall not direct the children to call him at any times outside the scheduled time period. BY THE COURT: esley OW LA., N/1-il AW &hz/VW ial?-J, lo 4 F!1 EC--{O,"FICE ' F THE FF ?P !! P T?r 1009 DEC 30 AH 10: 48 PL44?`f'LVr a t ANN MARIE COMENSKY, Plaintiff v SCOTT GLENN BATSON, Defendant IN RE: PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-4572 CIVIL TERM FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 30th day of December, 2009, upon consideration of the new matter contained in an Answer to Petition for Special Relief filed by Plaintiff Ann Marie Comensky, and following a conference in chambers of the undersigned Judge, in which Plaintiff was represented by Debra D. Cantor, Esquire, and Defendant was represented by Kara W. Haggerty, Esquire, and it being conceded by Defendant's counsel that Defendant has not paid the sum of $5,414.10 to Plaintiff for expenses and attorneys fees as directed by the Order of Court dated September 10, 2009, and the Defendant not having appeared at the hearing scheduled on today's date, a bench warrant is hereby issued for the Defendant's arrest. The Defendant shall be brought before the Court promptly upon his arrest for further proceedings. It is understood that all remaining issues outstanding at this time have been resolved by a separate Order of Court submitted by counsel and signed by the Court. By the Court, ,IDebra D. Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Plaintiff „/ Kara Haggerty, Esquire 2 West High Street Carlisle, PA 17013 For Defendant Sheri f f` ` ?''t,' k w v? a Probation/ ?0` ?e,J .,?o'-° it : mae ?a C es rn%LLl£L la.l3 t `OQ -:=r'YI pi Ann Marie Comensky IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW Scott Glenn Batson CASE NO. 05-4572 Defendant CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take Scott Glenn Batson who stands charged in said Court for not paying the sum of $5,414.10 to Plaintiff for expenses and attorneys fees as directed by the Order of Court dated September 10, 2009 and Defendant not having appeared at the hearing, and forthwith bring the said person before the court, or one of the Judges thereof, for the purpose of commitment to the Cumberland County Prison. Witness this 31 st day of December, A.D., 2009. Address: DOB: S.S.# SEX: RACE: HT: WT: EYES: HAIR: