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HomeMy WebLinkAbout95-03149 i 3 -7 t .l oJ <::i e ~ J ~ - (Yj \ -,. . ./ BOBBY WHITE, Defendant AND NOW, this 1}.f:y of the attached Custody directed as follows: 2. l cct Jyt~1 '/\1\ ' 'b'i fI- PATRICIA RICHWINE, Plaintiff tIN THE COURT OF COMMON PLEAS OF tCUMBERLAND COUNTY, PENNSYLVANIA t tNO. 3149 - CIVIL - 1995 t t tCIVIL ACTION - CUSTODY v , 1995, upon consideration of Report, it is ordered and 1. Pending further Order of this Court, this Court's temporary Custody Order entered July 5, 1995, shall remain in effect subject to the following modificationst A. The alternating weekends shall end on Monday at 2130 P.M. instead of 3 P.M, B. Father shall also have temporary custody on every Wednesday from 6 P,M, until 9 P.M, C. The parties shall share transportation with the non- custodial parent picking the child up. Father will handle transportation on Wednesday evenings, D. Both parties shall keep the other party advised concerning their living arrangements and location of their home. A He~ring is ~pheduled in this case in Courtroom No. 3 on the ~ day of t>t i-r'Il',\,,- , 1995, at I {dfJM. at which time testimony will be taken, At this Ilearing, the Father, Bobby White, Jr" shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues to be addressed by the Court, each party's position with respect to custody, a list of witnesses that will be called to testify and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the Ilearing date. BY David J, Spotts, Esquire Joan Carey, Esquire offer )If;;, I Lq ~ DATE re v ,IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA , ,NO. 3149 - CIVIL - 1995 , , ,CIVIL ACTION - CUSTODY JUDGE GEORGE E. HOFFER PATRICIA RICHWINE, Plaintiff BOBBY WHITE, ,O.,fendant PRIOR JUDGE' CONCILIATION CONFERENCE sUMMARY REPORT IN ACCORDANCE WITH 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, Brooks Allen White, born May 6, 1991, 2. A Conciliation Conference was held on August 17, 1995, with the following individuals in attendance' The Father, Bobby Allen White, Jr" with his counsel, David spotts, Esquire, and the Mother, patricia Richwine, with her counsel, Joan Carey, Esquire. 3. There is currently a temporary Order in place. The Father is seeking primary physical custody. The Mother feels that she should maintain primary physical custody. The parties are at odds on a number of issues and a Hearing is necessary. 4. The Conciliator recommends an Order in the form as attached. ,IUN 1 2 /!/95 \.. PATRICIA RICHWINE, Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ~/f( CIVIL TERM CUSTODY v. BOBBY WHITE, Defendant PRMCJl'lLTQ PRoctam IN _.fORMA pA.\U'Jm 113 To the Prothonotary: Kindly allow, PATRICIA RICHWINE, Plaintiff, to proceed in forJl\!! pauP!lri... I, Joan Carey, attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. , , , ft.A ( ~A' ../ 'l' .{- I _.I _- /. r L--( y . Joan Carey /j Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine RoW Carlisle, PA 17013 (717) 243-9400 PATRICIA RICHWINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~IL/lj CIVIL TERM CUSTODY v. BOBBY WHITE, Defendant ArI1.P..AYJ'l'"llUHll'PORT _9f.._.P.RrIU!lll 19R..t.J;;A V It T.Q )'RQ<:: RRP I Ii f'QRMA..J.'A!lI'ERlll 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding, 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name : ~ttl.gj,a Ric\ll41nlL______, Address: 159 Bie SPIlne Terrace ,__Newvi.1le I YA, lU..i,l__,_u_, _m Social Secur i t Y Number I .~.11J.,::~.=.ll.7 3 (b) If you are presently employed, state Bmployer: ,tl9miL.__,___ .,._, Address: _H/A. ......_.__' Salary or wages per month :N/-^- ,_.' ____,,,_ Type of work: Ii/A If you are presently unemployed, state Date of last employment: 1991 Salary or wages per month: ,'J~!L!HLum Type of work: ,~a\lIhi!l,L_ 'u.__~_____ (e) Other income within the past twelve months Business or professionlN/A Other self -employment :,N/A ..",..-, Interest:N/'" ,'..___,_ Dividends: filA ...._,_ _._____ PenBion and annuities: NIA_ Social Security benefits:.JIlA_,__ Support payment a : _, UlHL!!Q.____,___ Disabllit y payments: NI ^ ,,, _,__ Unemployment compenaation and supplemental bend its: N/,." ,......,..,_____ Workman I 6 compenaa t ion: ..JiIlL___. Public Assistance: ,'37cn,OQ_"....,___, Other: _ li/A (d) Other contributions to household support Wife Husband Name: NgrHL , If your (huaband) (wife) is employed, state Bmployer: Nons Salary or wages per month: ..NoM, Type of work: N91\I) , ,__,,__ Contributions from children: _KQn~, (e) Property owned Cash: "_,,I'!.onII, ,_, Checking Account: ,Npo!!. Savings Account: None Certificates of Deposit: Non!!""...., Real Batate (including home) I Jilln,_,..,__,__" Hotor vehicle: Make Ngne Year Cost Amount owed Stocks; bonds: Nons Otherl N9nll '" ~<":'; ... - ~:;: , I' .., "" ' 'n -. tifi~"Uj' ~:; ~~~ ~ 1....,-"'1::.::, ~::-:.t; ~; '"'~ ",' i ~ ,t, 'to i ~.. -::f' -t..,. Ilr N .c. t:i ""'" ,:n . ~ .~-~ -;: L"; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA NO. 91"- -)}'-I'I CIVIL TERM CUSTODY Patricia Richwine. Plaintiff v. Bobby White, De fend ant TIDi~RLC!HiTQPY_ Q.RI2f1R AND NOW, thiS..('J_..,_ day of June, 1995, upon consideration of the Petition for Special Relief, temporary custody is granted to the plaintiff pending further Order of Court, and the defendant is ordered to return Brooks Allen White to the plaintiff's custody immediately. The police are ordered to facilitate the return of custody to the plaintiff. ;~~f\' 111 , , J, W' - w N .,. lJt t1! tfl Patricia Richwine, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 91- WI't' CIVIL TERM CUSTODY Bobby White, Defendant r.ltIU,QILl'QLSP.E!; I^I. ..R!~HijF The Plaintiff, by and through her attorney, Joan Carey, of Legal Services, Inc., represents the following: 1. The plaintiff, Patricia Richwine, hereinafter referred to as the mother, resides at 159 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 2. The defendant, Bobby White, hereinafter referred to as the father, resides at an address unknown to the plaintiff. 3. The parties are the parents of Brooks Allen White, the child. 4. A Complaint for CUBtody was filed in the above-captioned matter simultaneously with this Petition. A conciliation conference will be scheduled. 5. The mother has been the primary caretaker of the child from his birth in May 6, 1991, until approximately May 29, 1995, when the father refused to return the child to his mother after a visit with him. 6. The father is not acting in the best interest of the child by keeping the child in hiding and denying him contact with hiB mother. 7. Since approximately May 29, 1995, the mother has made attempts to have the child returned to her custody, in ways '.' a. '~:~:--" including the following: a. The mother has made repeated requests of the paternal relatives to have the child returned to her custody, and they have refused to do ao or inform her of the child's whereabouts or wellbeing. b. The mother has gone to the residences of the paternal relatives to find the child, including the grandparents where the father took the child when he visited with him, and they have refused to reveal the child's whereabouts. B. The mother has concerns regarding the well-being of the child for the following reasons: a. The father has never provided long-term care for the child. b. The father has relatives residing outside of Pennaylvania and the mother fears that the father will remove the child from this jurisdiction. c. The father is denying the child any contact, including telephone contact, with his mother and siblings. 9. The mother does not know the father's whereabouts and haa no way to serve the defendant of notice of custody proceedings. Neither the police nor the Parent Locator Service will assist the mother in locating the father without a court order granting her custody. WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting temporary custody of the child to the The above-named plaintiff, PATRICIA RICHWINE, vurifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements huruln are made subject to the penalties of 18 Pa, C.S. section 4904, relating to unsworn falsification to authorities. Date: j".,-=_~__ C\ ~ ./ ~~y:'~)u,,)~.--- ,,-- Patricia Richwine, plaintiff -----.- ..~ .,,-_. >~. ," " "..,,- l' l"it,lj ,~~:.~ "-"'_: ..., ~~~li1t I; ~;i~!~h 'l~. ~. t",:" t. i:-"'~t- ..'!.\v~'-: '"t~ ~_-'-1L"'> ..., i;; ~~r,~ lr'-.j :Jt "C rr N \. ... v . .l:.. ~ Ei tt1 ~t f' ~~ ~ ~ . f< h 'i' t '; ~ . . " " ", , .. .....,~ 170IS JUN 1 2 1995}..M rHl. I, ~ lMMIlO . 111., ,-" FIIC "171 MHOII ;,~ r" ,If , ".#. \ Patricia Richwine, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 1, I lj(,' CIVIL TERM v. CUSTODY Bobby White, Defendant QRDBR OF "COJ!RT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before u__fl'0',L.._L:._b.J~~'i..r...':'/~,,,-, the conciliator, at _,Jlt.h.Jl~d.'",,Jd'.'.I",,,\"''''~n the L7j~_ day of _fl,~'J.0..1L_, 1995, at t7}'_A.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. B..:.Jge Court (' ~~/'iLt;& '-l~.4'r~ YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YO~I DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLEPHONB THE OFFICE BET FORTH BBLOW TO FIND OUT WHBRB YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 11013 TELEPHONB NUMBER: (717) 240-6200 WRI Cl\tHL IiI TlLJU sMU J..l.T IIH! ..M:'L ,Qf...1.2.'LQ The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Acto of 1990. For information ahout 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 scheduled hearino or buainess before the court. You must attend the scheduled conference or hearing. j'JH ZO ,I 2;~ f'H '95 r i' /'1, 'I :;,' ;" ;'1 ',I,t ,', 6 ..x>'~r cJi-f, t~ /Jk;~ rt, X S . t '.}o 'e~' t.,./~;&c41 ':'k- "" ~r -# '1ti l~ ~;hI" ~. v"f" plaintiff to Andrew Giant, Tasha GIant (plaintiff's child) Breann8 GIant, (plaintiff'a child) 11/91 - 5/95 16 Countryview Estates Newville, PA defendant Unknown 5/23/95-present The mother of the child is Patricia Richwine, currently residing at 159 Big Spring Terrace, Newville, Pennsylvania. She is single. The father of the child is Bobby White, his whereabouts are unknown to the plaintiff. He is single. 4. The relationship of plaintiff to the child is that of mother, 5. The relationship of defendant to the child is that of father. The plaintiff currently resides with the following persons: Name Rel~UQrLQh.1P boyfriend daughter daughter mother mother's boyfriend sister Andrew Glant Tasha GIant Breanna Glant Joyce Hiller Norman Wilson Tanya Richwine 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 1. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical clIstody of the child or claims to 1 f ~ , , c , ~ ~. , i Patricia Richwine, Plaint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3149 CIVIL TERM v, Bobby White, Defendant CUSTODY CQN!iJ;,tHA~R!:J:.MUn This Agreement is entered on this S day of July, 1995, by the plaintiff, Patricia Richwine, and the defendant, Bobby White, The plaintiff, hereinafter referred to as the mother, is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant, hereinafter referred to as the father, is represented by David Spotts of the Law Offices of Ron Turo. The parties agree to the entry of a Temporary custody Order providing for the following custody schedule for their child, BROOKS A. WHITE. 1. The mother shall have primary physical custody and shared legal custody of the child. 2, The father shall have partial physical custody and shared legal custody of the child every other weekend from Saturday at 9:00 a.m. to Monday at 3:00 p.m., commencing July 8, 1995, conditioned upon his giving t he mot her t he name, add/'ess. and phone number of the person at whose residence where the child may be contacted while the child is in his custody. 3. The father shall not take the child out the state of Pennsylvania without obtaining written permission from the mother. 4, The Temporary Custody Order shall romain in effect pending further Order after a conciliation conference, 5, The Consent Agreement shall not be deemed an agreement of the parties regarding final resolution of this matter and shall in no way affect any rights of either party in future proceedings, 6, The mother and father agree that each shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7, The parties realize that their child's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent, WHEREFORE, the parties request that a Temporary Custody Order be entered to reflect the above terms. (hI 12 I' .!U{jLi.CuL fH.C.rJ t.L1li lL..:.., '" patricia Richwine, Plainti ff A!:~/d-~ t, ,~-,_ Bobby W ite, 0 ~~n.t ~ '~~7 ~ /) '. "/1 quo Law Offices of Ron Turo I 32 South Bedford Street Carlisle, PA 17013 (717) 245-9686 .~. ( j ,_,Jk~(,4 " ~f1..t7 Joan Cafey 0 PhilipC. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carl isle, PA 11013 (117) 243-9400 j ~ ~ ,,' ",".' 'c',' ("',;' ',' , " ,> ';:,.. .' ",,' . , : ,'.: "'~"":';ii>;':'u " ~., " '.", . . '~{,;~{L:~" ",., .",.n,...,.., ' ',' , , ."'.' ' . i:'.'. ' . ..., ..', , ,.. , ~ '..~,\"'",\ /'" , ";.:/ ' .. ',';..-',. ,', -: .' .:~~ "., ,. ,.,:~;;., ".c.,r.;C'" ,.;: ^ .', '; ," " :'j, ,,'...' " :: ': ,.,':,..,'...', . ",. "':'\:' ,..', ,""., .'.'. ',; .~:,{; ,:~;.:':; ;;~ ... ;7;r'" ,..C',: ,.' '., . j';'~, )~'.~i'f:.~: .>H:. ,.,';\.. '.' .\", 'c.." ", .: ,.::," ~~'i" ,"', ' .. : ' . . ..': ' , , ,.. ',;;:: :,<lCT, " ,...;>~;; ,'< "..' ,. ",:'0 ;(c:\' , , '.:'.',,'; .,:'c,'<: ' " ' , ".':,., . ,.:,~2,,:;:,:,.:\~'..,.. . , , . ',,' .' .:. ",., , '. .' ".. ,;'.., '. '.~, "'; , , ..".. ".., '...;: ',',' "'; ,'. ,'}:"C': '. ' '~.~r n ,': : J"r ' "',; " .' " '..,'../.. "'; , '" " .,.:'.'..'; '..' "t:J" ,.". ;~"~ " "" : .' :",. ,:" , ,',..' ,,<::,' ,..,,;.> .,' .<,...':...': , :~?t~~~0~; :~ " ;);':'r.~:' '...... '," " ,.:;,i, :;\:r ."';~::" . ' , . .:. . ':: ' "', "::,: ,",' ,: : ',.. ' ,'.' ',..."," .';. ", .' ' :" ';" ..' ',...'..'.:;..<' . .;{: ,J' ,; ;;~~iti~i\~;:"." 's.," " , '." -: ", :': .', ..' " ' '......' .'., '.":. ",i ...'. " ':, ".~,>':." , , , :, ...,.,.< ", '. ", ,.-: 'U;:~~:H~, " ,,>y:",..:',:' :,:". ' . ;i};}'? ,~:'i~i~'fjt~ . ;J~:~ , ',n" ,',> ,':: :',';" . ",' "', ,... , :"'> .;" <:: ,:., ";..,:':,,,., , ',.,' ...,' . :." ",>.," ,: , ':h ..j ........ ~~ ~-, "c\ "-''''I . PATRICIA RICHWINE, Plnlntlll' I IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. BOBBY WHITE Defendant NO. 95.3t49 CIVIL TERM IN CUSTODY ORDER OF COURT ~V ~ AND NOW, this ~ day of . 1995, upon consIderation of the attached Motion for ContinUWlce, it Is hereby directed that this action sholl be continued untll completion of the custody evaluation IUld home study. Upon comptetlon of the custody evaluation IUld home study, attorney for the Defendant shall notify this Court and counsel for the Plaintiff. st which time the motter shall be rescheduled for 8 hearing. \' " :1 ~ ' , \1 ,\ " " I' I' II = n Ii -I 1\ ,"_J \ ." \.1, ",,. , :;:.;0; . H\ PATRICIA RICHWINE, Plaintiff IN THE COURT OF COMMON PI,EAB OF CUMBEHLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. BOBBY WHITE DefendlUlt NO. 95.3149 CIVIL TERM IN CUSTODY AFFIIlA VIT Your aIllant, David J. Spotta, Esquire, attorney for the Defendant herein, being flrst duly sworn, deposes IUld states that: 1. I lUll the attorney for the DefendlUlt herein, Bobby Allen WhIte, Jr. The above-captioned matter has also been combined with No. 05.3085 Civil Term, in the Court of Common Pleas of Cumberland County, In which Bobby Allen White. Jr. is the PlainlllT. 2. A conciliation hearing was held on August 17, 1095, but the matter was not sble to be resolved at that stage. 3. Aner the conciliation hearing, Bobhy Allen WIute, Jr., Defendant, contacted IUl independent expert, Guidance Associates, 412 Erford Hoad, Crunp Hill, Pennsylvania, 17011, to initiate a custody evaluallon, to determine If the best interests 8I1d needs of the child were heing met by the current custody arrangement. 4. Guidance Associates indicated they would need approximately two months to complete a custody evalunllon, Including" home study, also advising they could not be ready by October 26, 1995, the scheduled hearing date. 6. On Septemher 25, WIJ5, I conlllcted a represenlllllve of Legal Services, Inc., attorney for PlnlnlllT, advlsln/l them ufthe sltualluninvolvlng the evaluallon and hume study Rnd requesllng agreement for a COnllmlRlICe unlU the home study Rnd eVRlunllon could be completed. In thRt call, I WRB sdvised that they did not feel this would he n pro hi em, hut thnt they would cnllme back with n final decision. O. (luring the we,'k "fSeptemher 25, JIJ1J5, I plnced several more calls to Legal Services, Inc. nttempllng to get a final answer "n this mnlter, without slIccess. r ! 1 PATRICIA RICHWINE, PIalnLlfT IN TilE COUIlT OF COMMON PLEAS OF CUMnEIlI.AND COUNTY,PENNSYLVANIA CIVil, ACTION. I.AW v. BOnny WIIITE Defendant NO. 95.3149 CIVIL TEIlM IN CUSTODY ct:Jll'IFIC^l'l~ 010' SMlVICI~ I cerLlfY that I served a copy or the Mollon for Conllnnance by deposltlng same In the United 1'0- Slates Mall, first cJasa, postage prepaid from Carlisle, Pennsylvanln, on the \ \ day of October, 1995, addresaed as follows: ., , Joan E. Carey, Esquire Legat Servlceti, Inc. 8 Irvine Row Carlisle, PA 17013 i J! I' i' " i; " Ii !i Ii " II '! ! })V-~~, ~ David J. Spolls sqwre !i ii II ji II 11 " i' II !! Ii I; Ii i' I! 11 . ,,\,~ ':';, La~ Office of Ron lure Attorneys" Counselors At La", 32 Boulh IIedfold II1rtet CIrhIe, PA 17013 (71 n 245-8688 . .~'F~}i ~... ',^ , .. '1f1;.~: r' Jot . . , PATRICIA RICHWINE, PIRlntllT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. PENNSYLVANIA v. . . : CIVIL ACTION. LAW BOUBY WHI'rE Defendant . . : NO. 95.3t49 CIVil, '1'ERM : IN CUSTODY OIlDEIl AND NOW, \hls b t-. day of \lj /1~ i 1995, ilhclU 11011 \ t- -VJ (r)vdjlc& IV. (-'\.~, 1 I\J) ) ,-(-tAl I J..4A.. Lh t I!. / ie-eet forth!!" .day of .,' - ' . . l1llJli at -,- -" '.Iutt \J o\.}~ '-1 \4 '...u~ I ~ ,)v- . tAI.J _~M., in Cour4fooom Na. of, ",e CumberlaMl County Cour~ouse, Carl'.'9, P~lwHlin, In COIl8idePntlon of.the sUaohed Petition-ful l'l1'\....1lII'nmr."1'endiJijtllam"; It ~lId Is not to be removed 'A_""+1LW....l.. (,,>~'1' from the Commonwenlth of Pennsylvnnln by either party tG1Uus acUon. ' ""' \ V\ kc., l.Aft V\ -f- (VtCA.J- VVW'1 l>Ji.. ';) (.JI., Q J,v.1..Jo-Y '4~ UM~/}U/I~ ~ '.L\ "''' to /l~ /)'\y i'jt,l /'.:: ~l" J..Q.1IM~1 )~tt.. . BY THE COURT: ! \ I u;;(/ V I U,o\--- J. / PATRICIA RlCIIWINE, 1'lninUlf IN TilE COUHT m' COMMON PI,t:AS m' CUMDEIU..ANI> COUNTY, PENNBYINANIA CIVIL AC'J'ION . LAW NO. 115.3t49 CIVil, "EHM IN CUSTOI>Y v. DaDDY WHITE I>efendllnt PETITION t'OIl SI't:CIAL IlEUt:t' I I I 'I Offices of Ron Turo, who reque8t a PeUtlon for Special Hellef a8 follow8: II I AND NOW, come8 the I>efendant, Bobby A. White, Jr., by and through hl8 allorlleY8, the Law 1. PetltlonermefendRntls Bobhy A. White. Jr., an adultlndlvldlUtI. currently re81dlng at12 Bprlngvlew Rond, Cnrllsle, Cumherland County, Penn8ylvanla. 2. On July 5,1905, the Courtl88ued an Order ofCu8tody and Vl8ltnUon, which WR8 RIllended I II by further Order of Court on August 24, 1005, providing for 8hared cU8tody In the parents, and with I phY8ical cU8tody In the mother, Patricia IUchwine, and v18ltRUon right8in the father, Bobby A. White, Jr. 3. Fsther hR8 Informntlon tlmt mother Intend8 to leave the 8tRte In the nefti' future, spcculCRIly to go to "eXR8. without a modificaUon of the Court Order. 4. Mother hR8 not advl8ed father of any of her IntellUon8 or plnns. 5. The Order of July 5, 1095 contai1l8 a prohibition preventing the father from removing the child from the Commonwenlth of Pennsylvania. Cou1l8el for the mother Indicated that the mother had no plans to remove the child from the Commonwenlth of Penn8ylvanill, hence a slmllftl' prohibition RgBinst mother WR8 not 80ughl. 6. Attempt8 were made to have eoun8el for mother voluntarily agr('e to all entry OfM Order proltlbiUng the relocation of the rhllil out of the Commonwealt h of pen1l8ylvanla. Coun8el for mother fnlled to respond to the8e request8, 7. Leaving the state woulcl re8ult in an inahllity of the f.ther to exerel8e his lawful vlsltnUon and otherwl8e Interfere8 with hi. right. uncler the Order. 8. Leaving the Juri..lIrtlonal area of the Court may Justify new provl81onl to ensure eompliance with the vi.llntlnn, nncllll.o provlsion8 fnr trnn.pnrlntlnn ro.ts alii! ol'prol'rillte IIIlIollonl. WHEREFORE, I'etllloner requests the Court to direct the I'lninlllf not leave the state until the Court hll8 had 11I1 opportunity to hear the parlles with respect to modlncallonsln the custody and visitation rights and to Issue a Modlficallon Order consistent with the best interests or the child. I \. "J.' ('\~~:, Date 1\ II 'I Ii nespectrully submitted, LAW OFFICES m' nON Tuna _ (~N,-r ., t.AwOtflce afRon Turo A~' cOun./clII AI Law IIIolllh IMlonIIlIwt CIrMlt, PA 17011' .' ~ (117) a4HMI ';:..' r II' CERTIFICATE OF SERVICE I eertlly that I served n true and correct copy or the Pellllon For Special Reller by depositing same , .\~ In the United States Mnll, first class, postage pre.pnld rrom Carlisle, Pennsylvania, on the G day or December, 1995, addressed 118 rollows: Joan E. Carey, Esquire Legat Services, Inc. a Irvine Row Carlisle, P A 17013 LAW OFFICES OF RON TURD ,~ ~ ~rl t:l ::1 ~(] 1" ~l ., I \.i'c; c' ":1 .1:5 ""'1 ,I. .:j .). ' .'," 1\' ~t~ - .". ..., r~1 ~ .. ..,1 ~ 01 ~2 UI