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HomeMy WebLinkAbout05-4885LYNN PHILIP CARSON, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .0-5vFS" CIVIL TERM LORELEI CARSON Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Lynn Philip Carlson. Plaintiff's permanent residence is 1B Richland Lane, #208, Cumberland County, Camp Hill, PA, 1701 L The defendant Lorelei Carlson residing at 113 Sgrignoli Lane, Enola, PA 17025. 3. The plaintiff seeks custody of the following children: Present- Residence _Age Name 2 Gabriel Quinn Carlson 113 aP1A1oli li Lane Eno La The child Gabriel Quinn Carlson, February 25, 2003, was born in of wedlock. The children are presently in the custody of the mother, who resides at 113 Sgrignoli Lane, Enola, PA 17025. During the child's lifetime, they have resided with the following persons and at the following addresses: Name Lynn Philip Carlson and Lorelei Carlson Lorelei Carlson, David Knight, and Teresa Knight Address 1B Richland Lane, #208 Camp Hill, PA, 17011 113 Sgrignoli Lane Enola, PA 17025 Date February 25, 2003 to August 28, 2005 August 28, 2005 to present Cumberland Carlson, is he mother of the child and is currently Defendant in this action, residing at 113 Sgrignoli Lane, She is married to the Plaintiff. Plaintiff hereinafter "Father" is Lynn Philip Carlson, currently residing at 1B Richland Lane, #208, Cumberland County, Camp Hill, PA, 17011 He is married to the Defendant. 4. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name David Knight Teresa Knight Siblings Relationship Father Mother 5. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 6. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 7. Father does 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. 8. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The father has been the primary caregiver since the child's birth. The father has provided for their emotional, physical, educational, and medical needs including establishing a stable home environment for him, and he can continue to provide for the children.. b) Defendant has not acted in the best interest of the children in ways including but not limited to the following: i) Defendant has not allowed the child to see Father since leaving the marital residence on August 28, 2005. VERIFICATION The above-named PLAINTIFF, Lynn Philip Carlson, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. `/s _ Date: 5 0 Lynn Philip Carlson LYNN PHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 0y. 9, Xp f CIVIL TERM LORELEICARLSON Defendant : CUSTODY CERTIFICATE OF SERVICE I, Grace E. D'Alo, of MidPenn Legal Services do hereby swear that I served LORELEI CARLSON with a Complaint in Custody and a Petition for Special Relief on September 2005, by U.S. Mail, First Class at the following address: Lorelei Carlson 113 Sgrignoli Lane Enola, PA 17025 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Gra e . D'Alo lv{ ging Attorney enn Legal Services 8 Irvine Road Carlisle, PA 17013 C7 o O v c; ', - om o ti Lynn Philip Carlson, Plaintiff V. Lorelei Carlson, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPER IS Kindly allow, Lynn Philip Carlson, Plaintiff, to proceed in forma au eris. I, Grace D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. im 'Alo ey for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ? N d 0 Cr u+ ntrS -O r- s" , rn ;_, ._ 91 LYNN PHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY -PENNSYLVANIA vs. N0.05-"7°- I;IVIL TERM LORELEI CARLSON, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Lynn Philip Carlson, by and through his counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the father, resides at 113 Richland Lane, #208, Camp Hill, Cumberland County, PA, 17011. 2. The above Defendant currently resides at 113 Sgrignoli Lane, Enola, PA 17025. 3. Father and Defendant are the natural parents of a. Gabriel Quinn Carlson born February 25, 2003. 4. Father and Defendant married on September 7, 2001. 5. The child has lived with the parties at the following addresses for the time specified: a. From his birth until August 28, 2005, Gabriel lived with Father and Defendant at 113 Richland Lane, #208, Camp Hill, Cumberland County, PA, 17011; b. From August 28, 2005 to present, Gabriel lives with Defendant and her parents and six siblings at 113 Sgrignoli Lane, Enola, PA 17025. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Father has not been able to see the child since the Defendant took the child to her parent's house in Enola, Pennsylvania on August 28, 2005; b. Defendant and her parents are interfering and excluding father from seeing the child or being near him; c. Defendant and her mother are not providing all necessary care to the child. Defendant has ignored the child for about five weeks in the past; d. The child has been injured in Defendant's care through her neglect which Father reported to Children and Youth Services. The child has fallen down the stairs. Defendant allows the child to run free without supervision; e. Defendant's mother accidentally burned the child with a cigarette after which she left the scene; 7. Father is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The father is presently able to provide for the child by giving the child a nurturing and stable home environment; b. Father is able to provide child's financial needs; c. Father can best facilitate and maintain any contact between the child and the Defendant. 8. Father requests that the Court grant primary physical and legal custody of the child to him and grant the defendant supervised visitation with the child. 9. Without this Court's intervention, Father and children are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Petitioner respectfully requests the following: a. Defendant is ordered to immediately return the child to Father; b. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order; c. Lynn Philip Carlson shall have primary legal and physical custody of the children; d. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; e. Defendant should be ordered to counseling services; and f. Any other relief this court deems just and proper. Respectfully submitted, 4ru UAl o ey for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 c? f'+l "[l N CD 1-„ r7 -" CS+ 0 T M? -15 - J9 - ,D LYNN PHILIP CARLSON, Plaintiff V. LORELEI CARLSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4885 CIVIL TERM IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, Lorelei Carlson, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and hereby files this Answer to Petition for Special Relief, and in support thereof avers as follows: 1. It is admitted that the Petitioner is Lynn Philip Carlson who resides at 1B Richland Lane, #208, Camp Hill, Cumberland County, Pennsylvania. 2. It is admitted that the Respondent is Lorelei Carlson who resides at 113 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania. 3. It is admitted that the Plaintiff and Defendant are the Father and Mother, respectively, of Gabriel Quinn Carlson, born February 25, 2003. 4. It is admitted that the Plaintiff and Defendant were married on September 7, 2001. 5. It is admitted that the minor child lived with his Mother and Father at 1B Richland Lane, #208, Camp Hill, Cumberland County, Pennsylvania from his birth until August 28, 2005. It is admitted that the minor cbi]d has lived with his Mother at her parents residence at 113 Sgrignoh Lane, Enola, Cumberland County, Pennsylvania, since August 28, 2005. 6. Denied. It is specifically denied that the Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. It is specifically denied that Father has not been able to see the child since Mother took the child to her parent's house in -Enola, Pennsylvania on August 28, 2005; b. It is specifically denied that the Defendant and her parents are interfering and excluding the Plaintiff from seeing the child or being near him; c. It is specifically denied that the Defendant and her mother are not providing all necessary care to the child. It is specifically denied that the Defendant has ignored the child for about five weeks in the past; d. Admitted in part, denied in part. It is specifically denied that the child had been injured in Defendant's care through her neglect which Plaintiff reported to Children and Youth Services. It is specifically denied that the Defendant allows the child to run free without supervision. It is admitted that the child had fallen down a few stairs; however, that incident occurred over a year ago while the child was in both Father and Mother's care. By way of further answer, there is no ongoing investigation or involvement by Children and Youth as a result of Father's allegations. (See attached letter from Children and Youth Services, dated September 26, 2005). e. Admitted in part, denied in part. It is admitted that the child was accidentally burned with a cigarette by his maternal grandmother. It is specifically denied that maternal grandmother left the scene after this incident. By way of further answer, Mother took the child to the emergency room for an examination following this incident. 7. Denied. It is specifically denied that Father is the parent who can best provide for the child for reasons including, but not limited to, the following: a. It is specifically denied that the father is presently able to provide for the child by giving the child a nurturing and stable home environment; b. It is specifically denied that the father is able to provide child's financial needs; c. It is specifically denied that the father can best facilitate and maintain any contact between the child and his mother, 8. Denied. It is specifically denied that Father should be granted primary physical and legal custody of child with Mother being granted supervised visitation with the child. 9. Denied. It is specifically denied that without This Court's intervention, Plaintiff and the child are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Respondent respectfully requests This Honorable Court to deny Petitioner's Petition for Special Relief. Respondent further requests This Honorable Court to direct this matter to be scheduled for conciliation immediately for resolution of all outstanding custody issues. Respectfully submitted, ABOM &: KUTULAKIS, L.L.P. D L6;14,ft? Kara W. Haggerty, e Attorney ID No. 8 s 36 South Hanover Street Carlisle, P'A 17013 (717) 249--0900 Attorney for Mother/Respondent Cumberland County Children & Youth Services September 26, 2005 aotectorr? ` , Glul??y. Ms. Lorelei Carlson 113 Sprignoli Lane Enola, PA 17025 Dear Ms. Carlson, Agency Cumberland County Children and Youth Services has completed Administrator Gary I. Shuey, MSW, LSW our initial screening and determined that neither an Agency assessment nor an investigation are warranted at this time. Based on the home visit conducted on 9-22-05 and my contact with collateral sources, the allegations related to Gabriel not being properly supervised were unsubstantiated. In addition to the parenting skills that you demonstrated throughout county the visit, I was impressed by your parents' willingness to be supportive commissioners and to serve as resources to you and Gabriel. Gabriel appeared to be Bruce Barclay Gary Eicheiberger happy, safe, and content in your care and there were clearly no Richard Rovegno environmental hazards or conditions with your current housing arrangements. Thank you for your cooperation with this matter. If you should have any future questions or concerns, please do not hesitate to contact me. Sincerely, Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 C Jil/ 1 Albright `--Caseworker VERIFICATION I, Lorelei Carlson, verify that the foregoing Answer to Petition for Special Relief is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 2 Date: 705 ?% Lorelei Carlson CERTIFICATE OF SERVICES AND NOW, this 21 ?day of-s eM Lf 2005, 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 Answer to Petition for Special Relief, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Grace E. D'Alo A idPerrrr Legal Services 81Mne Row Carlisle, PA 17013 Respectfully submitted, ABOM& EUTULA"S, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant C7 o O C " ? -n . . _-- -? [n ?; ?x7 ni?-- N ?J a ? to :.,> C`.J ?- , ?- -T?f -fa r. - ? ?? rn r ? y ? N ` D LYNN PHILIP CARLSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4885 CIVIL ACTION LAW LORELEICARLSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 21, 2005 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. 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, Bv: /s/ Hubert X. Gilroy, Es q. 11141 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 he 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 ? S :6 1,iV 92 d3S Noz AbVIO vO . 0"10 3H130 LYNN PHILIP CARLSON, Plaintiff V. LORELEI CARLSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-4885 CIVIL TERM IN CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Defendant, Lorelei Carlson, in the above-captioned matter. DATE 0c) 2-9 d 5 Respectfully submitted, ABOM& KuTmAias, LLP vowp)' L62j,/_' -_ Kara W. Haggerty, e 36 South Hanover a+et* Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE {-bl_ AND NOW, this L? day of (?}sc005, 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 Entry of Appearance, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Grace E. D'Alo MidPenn Legal Services 8Irvine Row Car sle, PA 17013 Respectfully submitted, AaOM& KUTULA"S, L.L.P, Kara W. Haggerty ( (? ' ID No. 86914 11 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant r rte, -? rrz n? _P' ll, 7 _'j (J ^C ;thy p -u -c LYNN PHILIP CARLSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW LORELEI CARLSON, Defendant NO. 05-4885 CIVIL TERM ORDER OF COURT AND NOW, this 29"' day of September, 2005, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Friday, October 14, 2005, at 11:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 1 ll f ?! J. esley Oler, J. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Lorelei Carlson 113 Sgrignoli Lane Enola, PA 17025 Defendant, pro se l .? :rc 8'1 :Z V-d GZ U?S S691 Ai`Ji( d() i,"d 3rii d0 3'l)1-laC --CjTI i LYNN PHILIP CARLSON, Plaintiff v LORELEI CARLSON, Defendant CIVIL ACTION - LAW 05-4885 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of October, 2005, upon consideration of Plaintiff's Petition for Special Relief with respect to the parties' child, Gabriel Quinn Carlson (D.O.B. February 25, 2003), following a hearing held on this date, based upon the Court's conclusion as to the best interests of the child at this time, and pending the forthcoming custody conciliation conference and further Order of Court, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in Defendant, the mother. 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, each week from Tuesday at 9:00 a.m. until Friday at 9:00 a.m. 4. Neither party shall remove the child from the Commonwealth of Pennsylvania nor secret his location from the other parent. 5. To the extent that Defendant is concerned about Plaintiff's not having a telephone, she may provide her cell phone to Plaintiff during his periods of partial custody, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff shall be responsible for expenses associated with the phone during that period, and Plaintiff shall not utilize the ,? :?? a; _i <. `? c? ??, -?_ _ r.i:_ , r`- v tr, `•, O ?_' y j rv phone for any purpose except communications regarding the child or related to the child's safety and well being. 6. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. „,,6eoffrey Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 For Plaintiff .XIara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 J For Defendant mae l? By the Court, BPHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-4885 CIVIL ACTION - LAW LORELEI CARLSON, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 2 Cf( day of [) c , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's Order of October 14, 2005 shall remain in effect subject to the following: 1. The parties shall meet again with the Custody Conciliator for a conference on Thursday, December 15, 2005 at 9:30 a.m. 2. If there are any developments in this case prior to the scheduled Custody Conciliation Conference, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference. BY THE COURT, Cc: ?sica Holst, Esquire Xbert Daniels, Esquire ?Q¢? b d) V l \6T .: = , ., .. r, Y LYNN PHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-4885 CIVIL ACTION - LAW LORELEI CARLSON, IN CUSTODY Defendant Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gabriel Quinn Carlson, born February 25, 2003 2. A Conciliation Conference was held on October 21, 2005, with the following individuals in attendance: The Mother, Lorelei Carlson, with her counsel, Robert Daniels, Esquire The Father, Lynn Philip Carlson, with his counsel, Jessica Hoist, Esquire 3. The parties agree to an Order in the form as attached. Date: ( a \i " d Hubert X. ilroy, Esquire Custody onciliator LYNN PHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LORELEI CARLSON, : NO. 05-4885 Defendant : IN CUSTODY COURT ORDER AND NOW, this I ?L day of February, 2006, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of October 14, 2005 shall remain in place subject to the following modification: 1. Father's period of custody on Friday shall be extended from 9:00 a.m. until 1:30 p.m. 2. In the event any party desires to modify the existing Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. cc: Grace E. D'Alo, Esquire Kathleen A. Engle, Esquire BY THE COURT, (V LYNN PHILIP CARLSON, Plaintiff v LORELEI CARLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-4885 : IN CUSTODY Prior Judge: Judge J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gabriel Quinn Carlson, born February 25, 2003. 2. A Conciliation Conference was held on February 3, 2006, with the following individuals in attendance: The mother, Lorelei Carlson, with her counsel, Kathleen A. Engle Daniels, Esquire, and the father, Lynn Philip Carlson, with his counsel, Grace E. D'Alo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE Hubert X. Gilr y, Esquire Custody Co ?liator LYNN P. CARLSON, no IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LORELEI M. (CARLSON) KNIGHT, :NO. CIS Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW, comes the defendant, LORELEI M. KNIGHT, petitioner herein, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for modification of custody of the parties minor child, representing as follows: 1. Petitioner is LORELEI M. KNIGHT, formerly Lorelei M. Carlson, an adult individual residing at 227 Pennsylvania Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent is LYNN P. CARLSON, an adult individual residing at 141 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. The parties are the natural parents of a minor child, namely GABRIEL Q. CARLSON (born February 25, 2003. 4. The parties are subject to an Order of this Court, dated October 14, 2005, as amended by Order dated February 8, 2006, copies of which are incorporated herein and attached hereto as Exhibits "A" and "B". 5. Petitioner seeks to modify the present custody order in effect for the parties and their child during the school year by changing respondent's periods of partial physical custody of the child to every weekend from Friday evening until Sunday evening. 6. The reason for this change is that the respondent lives in West Shore School District and the child is to begin school this Fall in the East Pennsboro School District, where petitioner resides and where the child has been enrolled. 7. Petitioner intends that the current order remain implemented during the Summers and that the modification apply for the school year. 8. Petitioner does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. 10. The best interests and permanent welfare of the child will be served by granting the relief requested. WHEREFORE, petitioner requests the Court to modify the current custody Order as aforesaid. N LAW OFFICE June 18, 2008 HAROLD S. IRWIN, Attorney for Petildo VERIFICATION 1 do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4404, relating to unsworn falsification to authorities. June 18, 2008 AELEIO M. KNI HT EXHIBIT "A^ LYNN PHILIP CARLSON, IN THE COURT OF COMMON PLEAS OF° Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 05-4885 CIVIL TERM LORELEI CARLSON, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of October, 2005, upon consideration of Plaintiff's Petition for Special Relief with respect to the parties' child, Gabriel Quinn Carlson (D.O.B. February 25, 2003), following a hearing held on this date, based upon the Court's conclusion as to the best interests of the child at this time, and pending the forthcoming custody conciliation conference and further order of Court, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in Defendant, the mother. 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, each week from Tuesday at 9:00 a.m. until Friday at 9:00 a.m. 4. Neither party shall remove the child from the Commonwealth of Pennsylvania nor secret his location from the other parent. 5. To the extent that Defendant is concerned about Plaintiff's not having a telephone, she may provide her cell phone to Plaintiff during his periods of partial custody, Plaintiff shall be responsible for expenses associated with the phone during that period, and Plaintiff shall not utilize the phone for any purpose except communications regarding the child or related to the child's safety and well being. 6. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. Geoffrey Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 For Plaintiff Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For Defendant :mae and ,_. Thr' / i'v "r' irk M54 By the Court, EXHIBIT "13° a U ? ?UGr " D LYNN PHILIP CARLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW t: LORELEI CARLSON, : NO. 054885 Defendant IN CUSTODY xv FEB 1 , COURT ORDER 'Y ------------ AND NOW, this day of February, 2006, upon consideration of the attaC .--- Custody Conciliation report, it is ordered that this Court's prior Order of October 14, 2005 shall remain in place subject to the following modification: 1. Father's period of custody on Friday shall be extended from 9:00 a.m. until 1:30 p.m. 2. In the event any party desires to modify the existing Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, 15t - 2A4 Judg ' . Wesley Ole , r. cc: Grace E. D'Alo, Esquire Kathleen A. Engle, Esquire %'ft, Orr? tut = s e 1h 9 of a r to Z-61 aw ham LYNN PHILIP CARLSON, Plaintiff v LORELEI CARLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 054885 IN CUSTODY Prior Judge: Judge J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gabriel Quinn Carlson, born February 25, 2003. 2. A Conciliation Conference was held on February 3, 2006, with the following individuals in attendance: The mother, Lorelei Carlson, with her counsel, Kathleen A. Engle Daniels, Esquire, and the father, Lynn Philip Carlson, with his counsel, Grace E. D'Alo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. ,,2- ?-a DATE Hubert X. Gilr y, Esquire Custody Co iliator * C C P 0 C. -T-1 rn j ?-A N C.a O f?Tl ? rn A LYNN P. CARLSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LORELEI M. (CARLSON) KNIGHT DEFENDANT 2005-4885 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 24, 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, July 25, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. jol 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 ??F :1 Id' :Hi dO AUu LYNN P. CARLSON, Plaintiff vs. LORELEI M. (CARLSON) KNIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-4885 IN CUSTODY COURT ORDER AND NOW, this N Z t? day of August, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Orders of October 14, 2005, and February 8, 2006, shall remain in place subject to the following modifications: I . In recognition of Mother having primary physical custody, the minor child shall start kindergarten in the East Pennsboro School District and, more specifically, at the West Creek Elementary School. 2. In all other respects, the prior Orders shall remain in effect. 3. In the event any party desires to modify the existing Orders, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc Arold S. Irwin, III, Esquire ?7 Lynn P. Carlson d??? ? 1?15'NN3d c I :z wd z I ona aaaz i,lU - Gdd ?Hi dG LYNN P. CARLSON, Plaintiff vs. LORELEI M. (CARLSON) KNIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4885 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gabriel Quinn Carlson, born February 25, 2003 2. A Conciliation Conference was held on August 6, 2008, with the following individuals in attendance: The mother, Lorelei M.(Carlson) Knight, who appeared with her counsel, Harold S. Irwin, III, Esquire, and the father, Lynn P. Carlson, who appeared pro se. 3. The parties agreed to an entry of an Order in the form as attached. Date: August 2008 ert X. Gilr Esquire Custody Con iator