Carbo v. Carbo

6 Pa. D. & C.5th 1
CourtPennsylvania Court of Common Pleas, Berks County
DecidedNovember 18, 2008
Docketno. 06-04448 # 3
StatusPublished

This text of 6 Pa. D. & C.5th 1 (Carbo v. Carbo) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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]*3On 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]*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]*5conciliation 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.

A ceasefire appeared to have been reached between the parties, and all was quiet on the home front until April 21,2008 when Father filed a petition to modify the custody order. In that petition Father indicated that he and [6]*6the children wanted to spend more time with one another. A custody conciliation was scheduled for June 4, 2008. Father then requested this court allow him to proceed in forma pauperis; that request was granted. He then filed a petition for contempt of order of custody on May 14,2008 alleging that he had not been informed until the day before the surgery that his daughter Madelyn was scheduled to have tubes put in her ears and also that he was not informed until the night before that his daughter Cassidy was having an infected tooth removed. He further alleged he had not seen Mackenzie or Madelyn’s report cards for the past two years and also that he had experienced trouble contacting his children through Wife’s cell phone. Father also prayed this court grant him counsel fees as he had incurred a “substantial” amount, a somewhat questionable request for a pro se litigant. On May 28, 2008 this court scheduled an evidentiary hearing for July 1,2008. Then, on June 9,2008 the custody master filed his recommendation. This court then scheduled the case for a pretrial conference. Before the scheduled hearing, Father filed exceptions to the recommendation of the custody master on June 16,2008. He indicated that the master erred by not awarding him primary physical custody and by giving him alternate weekends and two days during the week, that the master erred by alternating holidays as Mother’s religion did not permit celebration of holidays, that the master erred by not allowing Father to “speak on the unequivocal behaver (sic) of John A. Hoffert, Esquire,” that the master erred by not “separating his proficiency and personal relationship with John A. Hoffert,” making “wrongful recommendations for punishment to Father so he cannot see or spend time or be a positive roll (sic) motal (sic) [7]

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Cite This Page — Counsel Stack

Bluebook (online)
6 Pa. D. & C.5th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carbo-v-carbo-pactcomplberks-2008.