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HomeMy WebLinkAbout06-2398 vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA ; NO.OIo-';U9? CIVIL TERM DAVIDS. PRICE, PLAINTIFF PENNY L. PRICE, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this c:omplaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the DefendantlPetitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 DAVID S. PRICE, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA ; NO.Ol,-;(J1 P CIVIL TERM PENNY L. PRICE, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, DAVID S. PRICE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: I. The Plaintiff (hereinafter sometimes referred to as "Father") is DAVID S. PRICE, who currently resides at P.O. Box 534, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is PENNY L. PRICE, who currently resides at 17 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following children: Name Present Residence Date of Birth GARHETT CHANDLER PRICE 17 South Hanover Street Carlisle, PA April II, 1999 SOPHIA VIOLET PRICE 17 South Hanover Street Carlisle, PA August 12, 200 I 4. The children were born of the parties' marriage. 5. The children are presently in the custody of the Defendant, who resides at 17 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013 6. Since 2000 the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant 410 North West Street Carlisle, PA 200 I to August I, 2004 Plaintiff 17 South Hanover Street Carlisle, P A August I, 2004 to Present 7. The Mother of the children is the Defendant, Penny L. Price, who currently resides at 17 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. Father and Mother are divorced. 8. The Father ofthe children is the Defendant, David S. Price, who currently resides at P.O. Box 534, Enola, Cumberland County, Pennsylvania, 17025. 9. The relationship of the Defendant, Penny L. Price, to the children is that of the Natural Mother. Mother resides at 17 South Hanover Street, Carlisle, PA 17013. 10. The relationship of the Defendant, David S. Price, to the children is that of the Natural Father. Father currently resides at P.O. Box 534, Enola, Cumberland County, PA 17025. 11. 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. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Mother has refused to allow Father to see the children since January, 2006. Father is not certain where his children are living; B. Father goes regularly to the children's schools, but without a custody order granting Father shared legal custody, the schools will not give Father the home address of the children; C. Mother lives with a man, who has demonstrated a violent temperament on numerous occasions, has threatened Father on several occasions and has been accused of child abuse with one of the children; D. The children are both epileptic, when Father was still seeing the children, Mother was not consistent in giving the children their medication; E. Mother was only recently employed, when the Paternal Grandmother moved her support action against Mother forward; F. When Father was still seeing his children Mother did not have child safety seats for the children when travelling in a vehicle; O. Mother and Father have two older children who are in the custody of the paternal grandmother. Father visits with his two sons regularly Mother has not seen her sons since September, 2005; H. Father fears for the safety and well-being of his children and wants to be a part of their lives. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, DA VlD S. PRICE, requests this Honorable Court award the Plaintiff, DAVID S. PRICE and the Defendant, PENNY L. PRICE, SHARED LEGAL CUSTODY of the parties' minor children, GARBETT CHANDLER PRICE and SOPHIA VIOLET ROSE PRICE and the Plaintiff, DA VlD S. PRICE, PRIMARY PHYSICAL CUSTODY and the Defendant, PENNY L. PRICE, PARTIAL PHYSICAL CUSTODY of the minor children, GARBETT CHANDLER PRICE and SOPHIA VIOLET ROSE PRICE. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. Susan Kay Can Counsel for P, ainti PA 1.0. # 64 98 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 Dated: April 0, 2006 ~- VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 ification to authorities. DATED: L/ - /3 - oLe> D VlD S. PRICE \ -<q )j '--- '--- ~ C> '- D " ((~ '- ~ ~ --) ~ p;- }-.J ,. f I ?-> b C) --{ - *'- -1-.. ~ ... ',( G " ~ Cr\ ~ . DAVID S. PRICE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2398 CIVIL ACTION LAW PENNY L. PRICE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 08, 2006 , 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, 1901 State St., Camp Hill, PA 17011 on Friday, June 16,2006 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 hearin\!. FOR THE COURT. By: Isl Melissa P. Gree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~p~ ~ ~ 7tJ-~f' _~~ ~~/L. '?-J$5" ~ p4' ~~-rv ,/<7N' \;IiNV^lASNN:Jd }JNnO'~) r)!'i'f1! l?er1n:) 6S:2 Wd g- AVW SOOZ Atrv'lONOH10cd 3Hl :lO 301:l~o-a31f::l Plaintiff S ~=~E\YED JUl12 :nrB i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2398 CIVIL TERM CIVIL ACTION - LAW .. DAVID L. PRICE, v. PENNY L. PRICE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this t.lj'tk day of July 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custodv. The parties, David S. Price and Penny L. Price, shall have shared legal custody of the minor children Garhett Chandler Price bom April 11, 1999 and Sophia Violet Price born August 12, 2001. 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. In the event that either party has a change in their telephone number or address, they will inform the other party as soon as possible. Mother shall keep Father informed of any changes to the children's medication schedule and of all doctor appointments. 2. Phvsical Custodv. Mother shall have temporary primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: , NO. 06-2398 CIVIL TERM A. Effective July 7, 2006, on alternating weekends from Friday at 7:00 p.m. until Sunday at 5:00 p.m. In the event that Father has to work on Saturday of his custodial weekend, Father's custodial schedule shall begin from after work on Saturday and continue until 7:00 p.m. on Sunday. B. At other such times as the parties agree. C. Summer. Pending hearing, each party shall be entitled to two weeks of custody of the children each summer school recess, which periods of custody shall run from Friday at 7:00 p.m. until the following Saturday at 7:00 p.m. The parties shall provide each other with fourteen days notice of their intended weeks of custody for the remaining weeks of Summer 2006. Thereafter, the parties shall provide each other with thirty days notice of their selected weeks for summer custody. In the event that the parties have arranged conflicting schedules for summer custody, the party first providing written notice to the other party shall have choice of the summer custody week. Additionally, the parent shall provide a telephone number and location where they can be reached during the summer custody. 3. Pending further Order of Court or a written agreement between the parties, the children shall be enrolled in the Carlisle Area School District for the 2006-2007 school year. 4. TransDortation. Father may, at his option, provide transportation by having the paternal grandfather transport the children for purposes of custodial exchanges. Until such time as Mother has a vehicle and can participate in the sharing of transportation incident to custodial exchanges, the exchanges shall take place at the Wal-Mart Garden Center in Carlisle. When Mother has access to transportation, which will allow her to participate in custodial exchanges, the parties shall meet for custodial exchanges at the Wal-Mart Garden Center at Silver Spring Commons in Mechanicsburg. 5. schedule. Holidav Schedule. The attached holiday schedule shall supercede the regular 6. A hearing is scheduled in ourtroom Number 5 of the Cumberland County Courthouse, on the ~ day of , 200 {p ,at J: ~D o'clock L.M., at which time testimony will be take . For the purposes of the hearing, the Father, David S. Price, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro S9 shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated .. NO. 06-2398 CIVIL TERM testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 7. Vacation. Each parent shall be entitled to five days of custody to add to their regular custodial weekend, which five days need not be consecutive, nor taken all at one time. For instance, a parent may add a Friday and/or a Monday to the custodial weekend to allow for a brief vacation period. The parties will provide each other with written notice of their intended vacation plans for Summer 2006 at least fourteen days in advance. For subsequent summers, the parties will provide each other with thirty days written notice of their intended vacation plans. 8. The children shall not be relocated from the jurisdiction of the Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania without written agreement of the parties or further Order of Court. BY THE COURT: J. Disl: 6an K. Candiello, Esquire, 4010 Glenfinnan Place, Mechanicsburg, PA 17055 ;::Stacey B. Wolf, 37 S. Hanover Street, Ste 201-202., Carlisle, PA 17013 <\ \) 'v O~,\ " , n L ~.1 .~; t!J . f.,'ill t.,.", '1 t -"'-1. '"' 0"",7 " L;i ;L0(,. I....' p" ,,' ! ::;-11 . : ',,::.~ -: I~ DOCKET NO. 06.2398 - CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1st Half From gam on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to 6pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890 .' . ~ DAVID L. PRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2398 CIVIL TERM v. CIVIL ACTION - LAW PENNY L. PRICE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Garhett Chandler Price Sophia Violet Price April 11, 1999 August 12, 2001 Mother Mother 2. Father filed a Complaint for custody on April 28, 2006. A Custody Conciliation Conference was schedule for June 16, 2006 by Order issued May 8, 2006. Shortly before the Custody Conciliation Conference, the Conciliator's office was contacted by newly retained counsel for Mother seeking a continuance. Plaintiffs counsel agreed to the continuance and the conference was rescheduled for July 7, 2006. Attending the conference were: the Father, David S. Price, and his counsel, Susan K. Candiello, Esquire; the Mother, Penny L. Price, participated only by telephone. Mother reported that she could not obtain a babysitter or, alternatively, that the babysitter had failed to show up in time for her to leave for the conference with her attomey. Mother's attorney Stacey Wolf, Esquire, also attended. 3. Father's Dosition on custodv is as follows: Father seeks shared legal custody and primary physical custody. Father complains that Mother has been withholding the children since January, 2006 and that he was uncertain where the children were living. He claims that Mother's boyfriend has threatened Father and has been accused of abusing one of the children. Father expressed concern that Mother has a history of being inconsistent in her dosing of the children with their seizure medication. The parties have two other children who are presently in the custody of paternal grandmother. Father claims that Mother hasn't seen these children since September, 2005. Father claims that the boys are upset by the lack of contact with their mother. He also reports that the children were placed with the maternal grandmother through Children and Youth. Father reports that, in the past, he has " NO, 06-2398 CIVIL TERM had to take the police with him in an attempt to see the subject children, Father is employed five days a week from 6:30 a.m. until approximately 7:00 to 8:00 p.m. at Safety Clean in New Kingstown. He works some Saturdays in order to meet his child support obligation. Father resides with his girlfriend and her young daughter in Enola. The parties are divorced. For those times when Father may be delayed in getting off work, Father would like the option of having his father pick the children up at the beginning of his custodial time. In addition, if he has to work on Saturdays of his custodial weekend, Father would like the option of allowing the children to stay with his mother so that they have an opportunity to spend time with their older siblings. When he works on Saturdays, he typically works from 7:00 a.m. until 1 :00 p.m. In addition, Father would like to have the children in his custody on alternating weeks during the summer so that he can spend time with them immediately after work each day and so that all four children would have the opportunity to spend time together. 4. Mother's Dosition on custody is as follows: Mother presently resides on Hanover Street in Carlisle with the children, in a leased apartment, for which she states she will have difficulty paying rent for because her boyfriend has recently been incarcerated in New York. Mother reports that Mr. Pendleton was recently picked up on DWI charges from five to six years ago while visiting New York. She denies that Mr. Pendleton has ever threatened Father. The parties have been separated since on or about August 4, 2004. Mother claims that Father has not attempted contact with the children and that she is willing to let him see the children. Mother also acknowledges the involvement with Children and Youth and claims that they asked Father to go to parenting classes around his relationship with the two older boys. Mother works a varying schedule for Subway. Mother presently has no vehicle, but claims that she has appropriate car seats for transporting the children that can be used when she obtains another vehicle. Mother objects to Father's request for alternate week custody in the summer. While she expressed concern that she is having difficulty affording her apartment, and this would provide her with less babysitting expense and more flexibility in her summer schedule which would allow her to work more, she would prefer that the children be in her custody during Father's work hours. During the discussion regarding a partial custody schedule, Mother indicated that she had plans to move to Virginia on July 10, 2006. Although she claims to have no vehicle at this time, she offered that she would somehow be able to provide transportation for the children to see their Father every other weekend. Mother claims to have relatives in Virginia. 5. Issues UDon which the Darties acree: The parties were able to agree to an interim transportation arrangement, the sharing of contact information and an alternating weekend schedule of partial custody for Father. The parties also agreed that the children could be picked up by either Father or paternal grandfather for the custodial exchange, and that the exchanges would occur in a public place such as the Wal-Mart parking lot. ~ NO. 06-2398 CIVIL TERM 6. Issues UDon which the Darties did not aQree: A. The first right of refusal. B. Mother's desire to move to Virginia with the children. C. That Father might have his father pick up the children on the day of the conference, for the first new visit. 7. The Conciliator informed Mother that she would not be permitted to leave this jurisdiction with the children in the absence of a written agreement with Father or an Order of Court. This move was apparently news to Mother's counsel. The Conciliator asked that Mother consult with her counsel about her desire to move, which would apparently necessitate the filing of a petition and the scheduling of a Plowman hearing. Accordingly, the attached proposed Order contains language prohibiting the children from being relocated outside the jurisdiction of this Court and requiring that they be enrolled in the Carlisle School District for the 2006-2007 school year. :278997 STACY B. WOLF, ESQUIRE ATIORNEY m NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR DEFENDANT DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNtY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CONTINUAN..CE NOW comes the defendant, Penny L. Price, by her attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the August 9, 2006, custody hearing, representing as follows: 1. Plaintiff is David S. Price (hereinafter "Father"), the plaintiff in the above captioned maner, who has a mailing address of P.o. Box 534, Enola, Gunberland County, Pennsylvania 17025. 2. Defendant is Penny L. Price (hereinafter, "Mother"), the defendant in the above captioned maner, who currently resides with her parents at an unknown address in Lewisbeny, Pennsylvania. 3. The parties are the parents of two minor children, namely: Garltett ClIandler Price, born April 11, 1999, age 7 years and Sophia Violet Price, born August 12,2001, age 4 years. 4. The parties are subject to a custody order issued by this Court dated July 14, 2006, wherein the parties share legal custody of the children, Mother has temporary primaIy physical custody, and Father has partial custody on alternating weekends. 5. Due to unresolved issues, a custody hearing is scheduled for Wednesday, August 9, 2006. 6. Since the date of the conciliation conference on July 7, 2006, counsel for Mother has had only one brief communication with Mother. 7. Despite the undersigned's repeated attempts to contact Mother concerning her representation of Defendant and to prepare for the upcoming custody hearing, the undersigned has been unable to communicate with Mother and to adequately prepare for the August 9, 2006 hearing. 8. Father's counsel's concurrence 'WaS sought in this request for continuance, and such concurrence 'WaS given provided that the hearing would be rescheduled in the near future. 9. The undersigned has verified the availability of the Court and Father's counsel for August 18, 2006 at 1:30 p.rn. WHEREFORE, Defendant, Penny L. Price, respectfully requests that the Court issue an Order rescheduling the custody hearing, currently scheduled for August 9,2006, at 1:30 p.rn., to August 18, 2006, at 1:30 p.rn., along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: ~ 2006 By: ~tp Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court LD. No. 88732 Attomey for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for Defendant, and the facts set forth in this motion are 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.CS. Section 4904, relating to unsworn falsification to authorities. ~.2006 s~~g. 1<4 Counsel for Defendant ~. . .. STACY B. WOLF, ESQUIRE ATfORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATfORNEY FOR DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. PRICE, Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify this day that I have served a true and correct copy of Defendant's Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Susan K. Candiello, Esquire 4010 Glenfinn,,-o Place Mechanicsburg, PA 17055 Counsel for Plaintiff Respectfully submitted, WOLF & WOLF Dated: ~ 2006 By: Stacy B. olf, Esquire 10 West High Street Carlisle, P A 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Defendant J........ ~ ,,--, (-) -i'J :-:;J '~ ~' r:i (,.J DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW this 4"" day of _~\ \ ~ \l~t .2006, upon consideration of the at ched Motion, it is hereby ordered that the custody hearing scheduled for August 9, 2006, at 1:30 o'clo k p.m., be rescheduled to August 18, 2006, at 1:30 o'clock p.m., in Courtroom 5. BY THE COURT: J. Distribution: ytycy B. Wolf, Esquire ,...susan K Candiello, Esquire .. ~ov ~!j o IIIIWA..~ ALNnm ON\ill:8SWlo ZO : 1/ WV .,- fJnV 9fJ(JZ AwlONOIttOli4 3Hl :lO 301:L"'!(.1--CB'l:/ ., DAVID S. PRICE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 06-2398 CML TERM PENNY L. PRICE, DEFENDANT : CML ACTION - LAW : IN CUSTODY EMERGENCY PETITION FOR CUSTODY I. The Plaintiff (hereinafter sometimes referred to as "Father'') is DA VlD S. PRICE, is the natural father of the children who are the subject of this case. The plaintiff is an adult individual who currently resides at P.O. Box 534, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is PENNY 1. PRICE, is the natural mother of the children who are the subject of this case. The Defendant is an adult individual whose current residence is not certain. It is believed the Defendant is presently residing with her parents in Lewisberry. 3. Father seeks to continue Shared Legal Custody with the Defendant, but seeks Primary Physical Custody of the following children: Name Present Residenee Date of Birth GARRETT CHANDLER PRICE With Mother in Lewisberry April II, 1999 SPOHIA VIOLET PRICE With Mother in Lewisberry August 12,2001 4. The children are the natural children of the Father, David S. Price and the Mother, Penny L. Price. 5. In the present custody order the Father has Partial Physical Custody and the Mother has Primary Physical Custody of the children. 6. Following the Mother's departure from the marital residence with the parties' children, the Mother has consistently interfered with Father's ability to see his children and from January, 2006, until the Father sought the assistance of the court, Mother would not allow Father to see his children. 7. Garhett and Sophie have both been diagnosed with epilepsy and are both developmentally delayed. 8. Father and the Paternal Grandmother have witnessed Mother failing to give Garhett and Sophie their medication and/or over medicating them, depending upon what was convenient for Mother. 9. The parties have two (2) older children, Nathan Michael Price, bom on June 23, 1993 and Jeremie Austin Price, born on February 9, 1997. 10. The Paternal Grandmother, Linda Fay Price has been awarded custody of the two (2) older children, Nathan and Jeremie. 11. Father regularly visits with his two (2) sons who reside with the Paternal Grandmother. 12. Until the past weekend, Mother bad not seen the two (2) sons since Christmas Eve, 2005. 13. Until Father filed the previous custody action and attended a custody conciliation conference, the two (2) sons, Nathan and Jeremie bad not seen their brother and sister since Christmas Eve, 2005. 14. Mother has not been employed and lives with boyfriends who can pay her bills. 1 S. Mother's most current boyfriend, Lloyd Pendleton, is presently incarcerated in New York, but when living with Mother physically threatened Father and was believed to have abused Garhett and Sophie. 16. Mother stated at the custody conciliation conference she could no longer pay her rent with Lloyd Pendleton in prison. 17. Mother stated at the custody conciliation conference and has stated to Father since the conference she is moving to Virginia to live with an Aunt. 18. Mother no longer qualifies for housing assistance from HOD because of her extremely poor housekeeping skills. 19. After the custody conciliation conference, Mother moved to Lewisberry with her parents, without telling Father, her attorney or anyone. 20. Father believes Mother is still receiving benefits from Cumberland County although she no longer resides there and now lives in York County. 21. Mother has frequently changed her telephone number preventing Father from having any telephone contact with his children. Mother changed her telephone number following the custody conciliation conference and did not give Father her new telephone number. 22. Father has never seen Mother using child safety seats for the children, Garhett and Sophia. In the custody conciliation conference, which Mother did not attend, Mother stated on the telephone she had safety seats for the children. But at each exchange of children Mother has deliberately prevented Father from seeing the car the children were riding in. Father believes Mother does not have safety seats for the children. 23. Mother told Father she will drive the children, Garhett and Sophia to their old school in Carlisle where they were previously attending school. Mother no longer resides in Carlisle, but in the Redland School District and allegedly works from 5:00 a.m. to 2:00 p.m. 24. Father is very concerned where the children will be attending school in two (2) weeks. 26. Mother has stated she is looking for a new boyfriend to enable her to leave her parents' home and pay for her rent. 27. Nathan, Jeremie, Garhett and Sophie all say they want to be together. 28. The children have all stated they like being with both of their grandmothers, but it does not make any difference where their mother is because she does not spend any time with them. 29. Father's parental role with his two (2) older children, Nathan and Jeremie, has increased and improved significantly since they have been in the custody of his mother. 30. Nathan has been diagnosed with ADIID and Reactive Attachment Disorder and has difficulty in school. Father has become involved in Special Olympics with Nathan. 31. At Mother's request Father provided all the transportation to enable all the children to be together for a birthday party Mother's parents were giving the weekend of August 5-6. 32. When Father requested all the children to be together for Sophia's birthday party the weekend of August 12-13, Mother refused Father's request. 33. When Mother was told Nathan had a Special Olympics roller skating event to participate in on August 13, Mother refused to allow Nathan to participate in the event. . . 34. The children, Garhett and Sophia, will have to change schools as a result of Mother's move to her parents' home. It would appear based upon Mother's statements of her intention to move the children will have to change schools again when Mother moves with her boyfriend. 35. If the children are in the custody of Father they will be able to attend Cumberland Valley School District which has an excellent program for special needs children. 36. Father is extremely fearful for his children's physical and medical safety and well being while in the care of the Mother. 37. Father is concerned for Mother's inability to support and provide a home for his children. 38. Father is concerned with Mother's choice of boyfriends who have in the past placed his children in physical and psychological danger. 39. In light of the children's intensive need for quality, consistent education, Father is very concerned the children have started in Carlisle schools, would attend Redland schools and Mother plans to move again as soon as she can find a new boyfriend. 40. Father is very concerned Mother continues to keep his children from him and from each other, even with on going court supervision and direction. WHEREFORE, Plaintiff, DA VI>> S. PRICE, requests this Honorable Court to continue SHARED LEGAL CUSTODY between the Plaintiff and the Defendant and grant the Plaintiff, PRIMARY PHYSICAL CUSTODY of the minor children, GARRETf CHANDLER PRICE , . and SOPIllA VIOLET PRICE with PARTIAL PHYSICAL CUSTODY to the Defendant, PENNY L. PRICE. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: August Ii, 2006 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 DATED: ~/\ <:glob , ~ - ~ "l;:) - C1" ~ ~ ~ -0 -lq ~ \) ~ f! :p -t- ~ '- "'"\) \~,-' t5;\.'~:' ;?: ;:, ({i ,-_, j. C:C'" y "' ,--..,.'- ~;(C~ -;? :1 '.;?'; Q. <;?- ~ 1,~ u..., -o~ __ -.01::) a.\. c:P _.A ~~? -::r":'-t\ .." (''rf-,~' ,. 'c. ( 70; '8 ~ ()'\ ~ o .. DAVID L. PRICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2398 CIVIL V. PENNY L. PRICE, Plaintiff CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 21't day of August, 2006, after a hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Leoal Custodv: The parties, David S. Price and Penny L. Price, shall have shared legal custody of the minor children, Garhett Chandler Price, born April 11 , 1999 and Sophia Violet Price, Born August 12, 2001. 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. AII;decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shalll be considered major decisions and shall be made with the parents jointly, after discussion . and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. In the event that either party has a change in their telephone number or address, they will inform the other party as soon as possible. Each parent shall keep the other informed of any changes to the children's medication schedule and of all doctor appointments. 2. Phvsical Custodv: Father shall have primary physical custody subject to Mother's rights of partial custody, which shall be arranged as follows: A. Effective August 25, 2006, on alternating weekends from Friday at 7:00 p.m. until Sunday at 5:00 p.m. B. Additionally, Mother shall have physical custody of the children every Tuesday and Thursday from 4:30 p.m. until 8:30 p.m. C. At other such times as the parties agree. D. Summer: Each party shall be entitled to two weeks of custody of the Children each summer during the school recess, which periods of custody shall run from Friday at 7:00 p.m. until the following Saturday at 7:00 p.m. The parties shall provide each other with thirty days notice of their selected weeks for summer custody. In the event that the parties have arranged conflicting schedules for summer custody, the party first providing written notice to the other party shall have choice of the summer custody week. Additionally, the parent shall provide a telephone number and location where they can be reached during the summer custody. 3. Pending further order of Court or a written agreement between the parties, the children shall be enrolled in the Cumberland Valley School District for the 2006-2007 school year. , ' . 4. TransDortation. Father may, at his option, provide transportation by having the paternal grandfather transport the children for purposes of custodial exchanges. On Tuesdays and Thursdays, Mother shall pick up and return the children at the Father's residence. All other custodial exchanges shall take place at the Wal-Mart Garden Center at Silver Spring Commons in Mechanicsburg. 5. Holidav Schedule. The attached holiday schedule shall supersede the regular schedule. 6. The children shall not be relocated from the jurisdiction of the Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania with<l>ut written agreement of the parties or further Order of Court. By the Court, ~l M. LEbert, Jr" Susan K, Candiello, Esquire Attorney for Plaintiff Stacy B. Wolf, EsqUire Attorney for Defendant ~ /h'tt1,P.t4. F_:J;J-oC. Q...., bas VliW^lASNN3d A1NnO:~} .iIF::\:F?FW'Jna S C :8 Wd 12 ~flV SOOl Al:IVIONOH108d 3Hl :JO 38I,!:1o--Q31I:l . . . DOCKET NO. 06-2398 - CIVIL TERM HOUDAVS AND TIllES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From &pm the ."...ilQ before the Mother Father holiday to &pm the d8y clthe holidlIy Memorial Day From &pm the fMlIIIIIQ before the Father Mother holiday to &pm the d8y cI the holiday . Independence Day From &pm the 8I.enilQ before the Mother Father holiday to &pm the d8y cI the tx4dIly Labor Day From &pm the 8".nl..g before the Father Mother hoIkIay to &pm the d8y clthe holiday Thanksgiving 111 Half From &pm the 8It8l1ll1Q before Mother Father Th8Ilk8g/ving Day to !pm on l1wlk8gIvIng Day Thanksgiving zwt Half From 3pm on Th81lksglviIQ Day to Father Mother 6pm the d8y IIft8r Th8Ilkl8Qt Jing Day Christmas 111 Half From 9am on 12/24 to noon on 12/25 FlIIher Mother Christmaa zwt Half From noon on 12/25 to &pm on 12126 MotIl8o" Father Mother's Day From &pm the waning before the Mother Mother holiday to 6prn the day clthe holiday Father's Day From &pm the evening before the FlIIher Father hctity to &pm the d8y cI the holiday :260890 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE P A 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Stacy B. Wolf, Esquire, respectfully represents the following: 1. The Petitioner and Defendant entered into an Attorney/ Client agreement on June 14, 2006. Said agreement states that "I reserve the right to... tenninate our attorney-client relationship if you do not pay the fees or expenses and costs within thirty (30) days of billing. " 2. Defendant has made no payments since August 14, 2006. 3. Petitioner sent Defendant regular monthly statements reflecting the fees owed for services rendered as well as periodic letters with regard to the above-referenced matter. 4. The Defendant has failed to substantially fulfill her financial obligation to the Petitioner regarding Petitioner's legal fees and Defendant has been given reasonable warning that Petitioner will withdraw unless said financial obligation is fulfilled. Good cause thus exists pursuant to Rule 1.1 6(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 5. The continued representation of the Defendant without payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner. Good cause thus exists pursuant to Rule 1.1 6(b)(6) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 6. Plaintiff's council, Susan K. Candiello, Esquire, has concurred in the filing of this petition. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Defendant in this action. Respectfully submitted, Wolf & Wolf December 27,2006 Aa Stacy B olf, Esquire 10 West High Street Carlisle, P A 17013 (717) 241-4436 Supreme Court LD. No. 88732 ,. VERIFICATION I verify that the statements made in the foregoing Petition of Defendant's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December 27,2006 "' DAVID S. PRICE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2398 CIVIL V. CIVIL ACTION - LAW PENNY L. PRICE, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2007, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Defendant will file an answer on or before January 22, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~'l~ J. M. L. Ebert, Jr., ~acy B. Wolf, Esquire Petitioner fiUsan K. Candiello, Esquire Attorney for Plaintiff ~nny L. Price, Defendant bas STACY B. WOLF, ESQUIRE ATIORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE NOW COMES counsel of record for Defendant, Penny L. Price, Stacy B. Wolf, Esquire, and respectfully submits this Petition to Make Rule Absolute, and in support thereof, avers as follows: 1. On December 27, 2006, Counsel petitioned the Court to withdraw as counsel for Defendant. 2. On January 2, 2007, the Court issued a Rule to Defendant to show cause, by January 22, 2007, why the relief requested should not be granted. 3. No response from Defendant has been filed. WHEREFORE, the petitioner, Stacy B. Wolf, Esquire, respectfully requests this Court to make the Rule, issued on January 2, 2007, Absolute and grant leave for the undersigned to withdraw her representation of Defendant, Penny L. Price, and to grant any further relief that the Court deems appropriate. Dated: January f9-~, 2007 By: Respectfully submitted, WOLF & WOLF Stacy B. If, Esquire 10 West High Street Carlisle, P A 17013 Supreme Court I.D. No. 88732 (717) 241-4436 VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are 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. Section 4904, relating to unsworn falsification to authorities. Dated: January (j.r , 2007 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition to Make Rule Absolute to the below-listed persons: Penny L. Price P.O. Box 19 New Cumberland, PA 17070 Susan Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Counsel for Plaintiff WOLF & WOLF Dated: January A-, 2007 By: ~ ... DAVID S. PRICE, v. PENNY L. PRICE, PIAN 10 2007f1t : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 06-2398 CIVIL TERM : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW this ~ \ S l' day of J ~'30!'f-' 2007, upon consideration of the foregoing Petition to Make Rule Absolute, the requested relief therein is hereby GRANTED and counsel is hereby authorized to file a praecipe to withdraw as counsel with the Prothonotar)' and to serve notice of this Order and such praecipe upon Defendant, Penny L. Price, and counsel for all other parries to this matter. Distribution: Stacy B. Wolf, Esquire Susan Candiello, Esquire Penny L. Price ,-t~..\\ J. ~ .~ ~ 2.0/-o,! ~ "" ....1.''''"'1 .. '~! I',J S "I :8 I - 81:J LGOl 3;-11 ::JO 3:JH~(}.0311:! STACY B. WOLF, ESQUIRE WOLF & WOLF ATTORNEY In NO. 88732 10 WEST illGH STREET CARLISLE PA 17013 (717) 241-4436 DAVID S. PRICE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 06-2398 CIVIL TERM PENNY L. PRICE, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of STACYB. WOLF, ESQUIRE, as attomeyof record for Defendant, PENNY 1. PRICE, in this matter. February :2....., 2007 -dt:.~~l~ WOLF & WOLF 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID #88732 STACY B. WOLF, ESQUIRE WOLF & WOLF ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 DAVID S. PRICE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2398 CNIL TERM PENNY L. PRICE, : CNIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify this day that I mailed a true and correct copy of the foregoing Prnecipe to Withdraw Appearance of Counsel of Record, by U. S. Mail, postage prepaid, to the following: Penny L. Price P.O. Box 19 New Cumberland, PA 17070 Susan Candiello, Esquire 4010 Glenfinnan Place ~echa~csburg,PA17055 Counsel for Plaintiff Dated: February !2- , 2007 (') c S '" ~ Cc:::I -... ..,.., rr-; t:D t f'v .-::S: -';;:':. '>? C::> I'v () -r, :::::J -1....-, (I/;=:,::;, <~-j~l . ::12'::~; ~i,'~:s,' 1;1 '-';;: