Carbo v. Carbo

6 Pa. D. & C.5th 1
Pennsylvania Court of Common Pleas, Berks County·Decided November 18, 2008·No. no. 06-04448 # 3·Published

Opinion

KELLER, J,

The plaintiff/ appellant in the above captioned case appeals this court’s order of September 15,2008 whereby this court, after a “best interests of the child” analysis, ordered no change to the parties’ current custody order, allowing Mother to retain primary physical custody and awarding Father partial physical custody of the minor children. The current appeal was filed by appellant pro se on September 19, 2008 and then amended on October 2, 2008.

[3] On October 15,2008, this court issued an order pursuant to Pa.R.A.P. 1925(b) directing the appellant in the above captioned case to file of record and serve upon this court a concise statement of errors complained of on appeal no later than 21 days after the date of that order. The concise statement was filed on October 27,2008 and raises the following issues on appeal:

“(1) Plaintiff, Anthony R Carbo, appellant, has identified the errors in as much specificity as possible.

“(2) The court erred when on July 8,2008, at the custody conference and scheduling custody trial de novo, James Markofski represent Dawn L. Carbo, B.R.C.P. Rule 1915.3(e) NO attorney shall be permitted to represent a party in custody proceedings unless a written appearance of that attorney is first filed of record.

“(3) The court erred when on July 8, 2008 the court denied appointment of guardiam (sic) ad litem. All three children asked for an attorney.

“(4) The court erred when State Trooper Dziedzic did not bring all that was asked by the subpoena, His report form April, 12, 2006.

“(5) The court erred, when the subpeona for Jeannette Bolich to testify was noy (sic) honared (sic).

“(6) The court erred by granting continued (sic) after continued (sic) to the defendant’s counsel.

“(7) The court erred when a hearing judge interviews a child in a custody case, certain procedures must be generally met:

“(1) counsel must be present: was denied

“(2) counsel must have the opportunity to question the child: was denied

[4] “(3) the testimony must be transcribed and made a part of the record:

“The Superior Court has prescribed this procedure for the inteiTogation of a child who is the subject of a custody action, In Gerald G. v. Theresa G., 284 Pa. Super. 498, 426 A.2d 157 (1981) the court has states this certain procedur (sic)

“(8) I Anthony F. Carbo object to the children being driven to court by the stepsister Jessica Carbo, who had an hour of alone time with the children befor (sic) they were in court to testify.

“(9) The court erred when it stoped (sic) me from hearing testimony on Mrs. Nancy Alman and Hunter Myu.

“(10) The court erred when I was not able to give testimony on attorny (sic) John A. Hoffert, Esq. When on July 14,2006 Mr. Hofffert told me that it was the law in Berks County, that I had to give primary physical custody to Dawn L. Carbo first and go to a marriag (sic) councilor (sic) and then I had to redo the custody of children. I haved (sic) been fighting for my children every day after that.”

PROCEDURAL HISTORY

This case, like so many custody disputes, weaves a tangled web which only serves to ensnare the three small children who find themselves the subj ect of their parents ’ tireless battle. The saga began on May 11, 2006 when Father filed a divorce complaint, including a custody count, by and through his then attorney, Daniel Sager, Esquire. The parties were scheduled to attend a custody [5] conciliation on July 3,2006 as well as attend the “Children in the Middle” program, which both parties did. Subsequently, this court entered an order on July 14, 2006 upon agreement of the parties and after the above named custody conference with Robert E. Giering, Esquire. The parties agreed that Mother and Father would have joint legal custody of the three children, Mackenzie, Madelyn, and Cassidy, with Mother having primary physical custody and Father having partial physical custody on alternate weekends from Friday at 3 p.m. until Sunday at 6 p.m., and every Monday and Wednesday from 3 p.m. until 7 p.m. The parties further agreed to alternate holidays, and share custody at other non-scheduled times as they agreed. Further each parent was to have one week of vacation in the summer, providing 30 days notice to the other parent, with Mother’s choice of a week taking priority in even numbered years and Father’s choice taking priority in odd numbered years. On January 18,2007 Attorney John A. Hoffert, Esquire withdrew his appearance on behalf of Father and Attorney Daniel Sager, Esquire entered his in place of Attorney Hoffert’s. Soon thereafter on August 20, 2007 Attorney Sager motioned this court to withdraw his appearance on behalf of Father as he didn’t believe he could represent Father any longer because of differences of opinion with respect to the representation. This court issued a rule to show cause on August 21,2007 and then granted the motion on August 29, 2007. Thereafter, Father entered his appearance on behalf of himself.

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Carbo v. Carbo, 6 Pa. D. & C.5th 1 (Pa. Super. Ct. 2008).

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