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EXf21="/LCloIT C-nNSTRIlCoT/ON ANb INSUlATJ.t2N
!ENERGY E:F-~jliNT ' Sm.~PMJEi.S
of
AN DE {'''ON Sr t') p.tvt-Ji.lm Do WS
PLA<:;TER WALLS
ASPHALT SJJINGLL-BaoF
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WILLIAM D, LAPE,
IN THE COURT OF COMMON PLEAS
OF CUMBEkLAND COUNTY, PENN.
NO. 96-3285 CIVIL TERM
Petitioner
VS,
MARGARET E. WALKER,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
PRE.TRIAL MEMORANDUM OF DEFENDANT
Margaret E. Walker
AND NOW, comes the Defendant, Margaret E. Walker, by her attorney, Jane M.
Alexander, who represents the following in support of this Pre-Trial Memorandum:
J, Case hlstoQ':
The parties in this action, the Petitioner, William D. Lape, and the Respondent,
Margaret E. Walker, were married In August 1981, were separated in 1989 and divorced
October 22, 1991.
Two children were born of this marriage: Lauren L. Lape, born January 12, 1982 and
Daniel A. Lape, born September 6, 1986.
The two children have lived with, their natural mother since August 1989. There was
no formal order or written agreement for custody and visitation.
Since September 1990, the mother and the two children resided in York County,
Pennsylvania with mother's husband, John Walker, at 40 Chainsaw Road, Dillsburg, Franklin
Township, York County, Pennsylvania
17019, They lived at that address until the
mother and her husband, John Walker, separated in November, 1997. Mother and her
children then moved to 2 Golf Course Road, DiIlsburg, PA 17019 where they continue to
res ide.
1998
"
'"
On or about May I, 1991 mothcr filcd a PClition to Finalize: Tcmporary Ordcr of
Custody to No. S2 Divorce 1990 in the Court of Common Pleas of Somersct County,
Pennsylvania. That aClion was never Iinallzcd.
On June II, 1996, fathcr filcd a Pellllon for cuslUdy of the two minor children,
The parties appeared before lhc conciliator, Huberl X. Gilroy, on July 2S, 1996 al
which lime the parties agreed lhat mOlher should continue to have primary physical custody of
said children with father having temporary physical cLlstody for purpose of visitation. Their
agreement was confirmed by an order of your Honorable Court on August I, 1996.
One September 11, 1997 father again tiled a Petition for Custody of the two children
and the partics were scheduled to appear before the conciliator, Hubert X. Gilroy, on October
17, 1997.
Paragraph S of the order of August I, 1996 provided fClr an evaluation of counseling
session and counsel for Defendant advised that the counseling evaluation should be completed
before any further proceedings were scheduled.
Pending the completion of the evaluation the conference scheduled for October 17,
1997 was rescheduled for December 18, 1997 it was again rescheduled to January 29, 1998.
Due to Mr. Lape's failure to meet for his final scssion with Dr. Schneider the conference was
again continued to March 6, 1998.
On March 6, 1998 the parties met with Hubert X. Gilroy, the conciliator, reviewed the
report of Dr. Schneider which made no recommendation for changing of the existing custody
arrangement. The parties were unable to reach on agreement and by order of your Honorable
Court of March 16, 1998 a trial dale of July 24, 1998 was set. (See copy anached)
'.
~
Due to mother being injured in an automobile accident the trial was continued to
August 27, 1998. Father then requested a continullnce because of his recent marriage and the
case was scheduled for November 4, 1998,
Throughout this entire period of time the custudy and visitution hus remulned buslcally
as set forth In the urder of August 1. 1996.
Although there have been changes in residences and relationships of the parties, mother
wishes to retain primary custody of both children with visitation with the father essentially as
currently exercised. There are no events or findings to support any psychulogical or
emotional need to recommend a change. Nor would it be in the children's best interest to split
them up.
1I.1ssuel
Is there any basis for changing primary custody of either or both of the children from
their mother to the father?
Answer' No. The children's best interests would be served in remaining with their
mother, in the same school system and together in the same household,
III, Anticipated length of hearing:
The anticipated length of the hearing will be one-half (1/2) day,
IV. LIst of Witnesses:
1. Marllarel E Walker: 2 Golf Course Road, DiIlsburg, PA 17019, mother of the
children, who will testify as to her home environment, her relationship wilh the children, their
school and activities schedule and her care of the children.
2. Lauren I.ape: 2 Golf Course Road, Dillsburg, PA 17019, will testify as to her
school and other activities, her relationship with her mother and father.
"
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WILLIAM D. LAPE, , IN TIlE COURT OF CO/>tHON PLEAS OF
,
PIII.int.1f! , CUMBERLAND COUNTY, PENNSYLVANIA
.
,
,
v, , CIVIL AC'J'ION - LAW
,
:
MARGARET B, WALlCBR, : NO, 96 - 3285 CIVIL T!'RH
Dofendallt :
, CIVIL ACTION - CUSfODf
COURT ORDER
AND NOW, this 1.Ilt day of ~ ' 1996, upon
consideration of the attached Custody onciliation Repo~t, it i5
ordered and directed 115 tolloW5:
1. The Prslimintlry Objectlon5 tiled in ths 41bove 00111:1''' by the
Mother, Margaret E, Walker, ars diBmis..d by ~greement or the
partin,
.2. Th. Mother, Margaret E. Walker, and the Father, William D,
Lape, shall enjoy shared legal custody of Lauren L. Lap., born
January 12, 1982 and Daniul A, Laps, born September 9, 1986,
3. The Mother shall. enjoy primary phYl/1.oal custody with the minor
a1J.i.ldren,
4, The Father .hall have temporary physical custody with the
minor children as tollows:
A. During the school year on alternating weekendl:l' from
Fr.1day at 6 :00 p,m. until Sunday at 8,00 p,m.
Additionally, Father shall .'Jave periods of temporary
au~tody at :luch other t.:LmelS aa 41g.l!li!ld upon by the
parties.
B, DuriD~ the summer months, the Father shall enjoy liberal
physlaal oustody with the minor children a5 the parties
might agree.
5, On the oondition that the Father pay all costs involved in any
counseling/evaluation session, Mothltr :shall cooperate hersel;{
and shall insure the cooperation OE the two minor ch.1ldren in
connection with any evaluation/counseling, Any evaluator/
counsulor retained by the Father shall be deemed to be an
independent pro/ellsionsl involved in the osse and shall share
in;{ormation with both parties and their respective counael.
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6, This order is one.rsd pursuant to an agreement rellcllltd by tllO
Pllrt.1.. /It 01 Cu.tody Conciliation Cont..rence, In tIle evonu
dther pllrty desire. to modi.ly the order, tJloIt p/lrty may
petition the Court to have the cas. agaln .cheduled with the
cu.tody Conciliator,
SY Tl'B comlT,
00: J/lne H, Alexander, Esqulre
HarcuB A, Hc~niyht, ItI, Esquire
I T TRUE COpy FROM RECORD
n ~tlmonv \\'h~reof, I h;:re unto sst my hand
.nd the ~ of said Court a Carlisle, Pa,
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WILLIAM D, !.APE,
Plaintiff
v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
INO: 96-3285 CIVIL TERM
:IN CUSTODY
MARGARET E, WALKER,
Defendant
Prior Judge: J, Wesley Oler, Jr,
CONCILIATION CONJ'ERIlNCIl SUHHARY 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 children who are
the subject of this litigation is as follows:
Lauren L, Lape, born January 12, 1982; and Daniel A, Lape,
born September 6, 1986, IV
,"'V
2, A Conciliation Conference was held on March 6, 1998, with the
following individuals in attendance:
The Father, William D, Lape, with his counsel, Marcus A,
McKnight, III, Esquire; and the Mother, Margaret E, Walker,
with her counsel, Jane M, Alexander, Esquire,
3, The parties were previously before the Conciliator in July of
1996 at whiah time they agreed upon a Custody Order with the
understanding that an evaluation would be completed, The
prior Order provided Mother to have primary custody during the
school year with Father enjoying alternating weekends, Father
was to have more expanded time in the summer, The custody
evaluation has been completed,
4, Father desire to have primary custody of the children, He
would defer to Lauren with respect to her stated preference,
However, he feels that Daniel is of an age that he is bonding
more with the Father and that Daniel would be better off
living full time with the Father, Mother suggests that the
current 4rrangement is quite satisfactory and Mother points to
the custody evaluation which also suggests a maintenance of
the status quo with some expanded time to the Father during
the summer,
5, The parties are unable to reach an agreement and a hearing is
necessary, A hearing should take approximately one day.
. I
6, The Conciliator recommends an Order in the form as attached,
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WILLIAM D. LAPE.
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v
CIVIL ACTION - LAW
96 ','UJ') CIVIL TERM
MARGARET E, WALKER,
Respondent
CUSTODY
PETITION "'OR CUSTODY
AND NOW comes the Petitioner, William D. Lape, by his attorneys, Irwin, McKnight &
Hug.,.:s, and presents the following Petition for Custody.
1.
The Petitioner is William D. Lape, an adult individual residing at 507 North Earl Street,
Shippensburg, Cumberland County, Pennsylvania 17257.
2.
The Respondent is Margaret E, Walker, an adult individual residing at 40 Chainsaw Road,
Dillsburg, York County, Pennsylvania 17019.
3.
The parties are the natural parents of two children, namely, Lauren L, Lape, bom January
12, 1982, age 14, and Daniel A. Lape, bom September 9,1986, age 9.
2
4.
The Petitioner currently exercises joint legal custody and partial physical custody of both
children, Lauren and Daniel Lape.
S.
The Petitioner believes that at this time the best interests of the children require that they
spend significantly more time with their father.
6,
Defendant desires primary physical custody of the children and joint legal custody with
periods of visitation to the Respondent as can be mutually arranged between the parties.
7.
The best interests and pennanent welfare of the children require that primary physical and
primary legal custody of the children be as provided above,
3
WHEREFORE, Petitioner, William 0, Lape, respectfully requests that he be awarded
primary physical custody and joint legal custody of the children as provided herein,
Respectfully submitted,
By:
60 West Pomrret Str
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I,D, No, 25476
Date: June 10, 1996
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i i WILLIAM D. LAPE, , IN THE COURT OF COMMON PLEAS
,
Plaintiff , OF CUMBERLAND, PENNA.
,
,
,
VS. : CIVIL ACTION - LAW
. NO, 96-3285 CIVIL TERM
,
MARGARET E, WALKER, :
Defendant : CUSTODY'
PRELIMINARY' OBJECTIONS TO DISMISS FOR LACK OF JURISDICTION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Defendant, Margaret E, Walker, by her Attorney, Jane M,
Alexander, Esquire, files the following preliminary objections I
1. From the date of separation in August 1989, the children
have resided continuously in the physical custody, care and
control of their mother since birth and in her de facto primary
custody since August 1989. There is no formal order or written
agreement of custody and visitation,
2, Since September 1990, the Defendant and the two minor
children, Lauren E, Lape, born January 12, 1982 and Daniel A,
Lape, born September 6, 1986 have resided in York County,
Pennsylvania, Their current address is 40 Chainsaw Road,
Dillsburg, Franklin Township, Y'ork County, Pennsylvania 17019.
3. Upon receipt of service of Plaintiff's petition, the
Defendant, through her attorney, notified Plaintiff's Attorney of
the lack of jurisdiction and requested withdrawal of the action
and transfer to York County,
4. Under 42Pa Cons. State Sec 5344(a)(1), York County, PA
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WILLIAM D. LAPE, : IN THE COURT OF COMMON PLEAS
Plaintiff . OF CUMBERLAND COUNTY, PENNA,
.
,
,
VS, . IN DIVORCE
.
,
,
MARGARET E, WALKER, . CIVIL ACTION - LAW
.
Defendant , No, 96-3285 CIVIL TERM
,
~FIDAVIT OF SERVICE
AND NOW, this
16th
day of July, 1996 personally appeared
Jane M, Alexander, Esquire, who swears according to law, that a
true and correct copy of a Preliminary Objections to Dismiss for
Lack of Jurisdiction was caused to be served by certified mail
with return receipt requested upon the said,
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
on July 3. 1996 by leaving the same at the Dillsburg Post Office
with postage pre-paid thereon as evidenced by the mailing receipt
and return receipt hereto attached and made a part hereof.
./
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WILLIAM D. LAPE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNA,
,
,
VS, IN DIVORCE
MARGARET E, WALKER, , CIVIL ACTION - LAW
,
Defendant , No, 96-3285 CIVIL TERM
,
PROOF OF SERVICE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 96 - 3285 CIVIL TERM
WILLIAM D, LAPE,
Plaintiff
MARGARET E. WALKER,
Defendant
CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this I d day of
oonsideration o~taohed Custody Co
ordered and direoted as follows:
J, The Preliminary Objeotions filed in the above case by the
Mother, Margaret E, Walker, are dismissed by agreement of the
parties,
, J996, upon
Report, it is
2, The Mother, Margaret E, Walker, and the Father, William D,
Lape, shall enjoy shared legal oUDtody of Lauren L, Lape, born
January J2, J982 and Daniel A, Lape, born September 9, J986,
3, The Mother shall enjoy primary physical custody with the minor
children,
4, The Father shall have temporary physical custody with the
minor children as follows:
A, During the school year on alternating weekends from
Friday at 6:00 p,m, until Sunday at 8:00 p,m,
Additionally, Father shall have periods of temporary
custody at such other times as agreed upon by the
parties,
B, During the summer months, the Father shall enjoy liberal
physical custody with the minor children as the parties
might agree,
5, On the condition that the Father pay all costs involved in any
counseling/evaluation session, Mother shall cooperate herself
and shall insure the cooperation of the two minor children in
connection with any evaluation/counseling, Any evaluator/
counselor retained by the Father shall be deemed to be an
independent professional involved in the case and shall share
information with both parties and their respective counsel,
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VERIFICATlO~
The foregoing Petition Is based upon information which has been gathered by my counsel
and myselfln the preparation of this document, The language of the document may in part be the
language of my counsel and not my OWll. I have read the statements made in this document and
to the extent that they are based upon infonnation which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief. To the extent that the contents
of the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S,A. Section
4904, relating to unsworn falsificstion to authorities,
Date:
qlq
.1997
. .
~
2,
cc:
.~wm 16 1998
WILLIAM D, LAPE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 96-3285 CIVIL TERM
:IN CUSTODY
\'
MARGARET E, WAliKER,
Defendant
COURT ORDB:R
AND NOW, this \f.. t4 day cf ~Ul..L , 1998, upon
consideration of the attached Custody Con~?liation Report, it is
ordered and directed as follows:
1,
A hearing is scheduled in Court Room No, 1 o~ the Cumberland
County Courthouse on the 071bl day of cJ,~ ,
1998, at / ~ .30 /1, m, at which time testimony i.r111 (be taken in
the above case,' At this hearing, the Father, William D. Lape,
shall 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 currently before the Court,
each party's position on those issues, a list of witnesses who
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 hearing date,
Pending further Order of this Court, this Court's prior Order
of August 1, 1996, shall remain in effect,
BY THE COURT,
~
J,
Marcus A, McKnight, III, Esquire Q.\lA>-~","rm-c.'....c!,.<.
Jane M, Alexander, Esquire '--\1
3/,,/QS.
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-
WILLIAM D, LAPE,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, ,PENNSYLVANIA
,
,
V
MARGARET E, WALKER,
Defendant
:CIVIL AC~'ION - LAW
:
:NO: 96-3285 CIVIL TERN
:IN CUSTODY
Prior Judge: J, Wesley Oler, Jr,
CONCILIATION CONFERENCIl 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 children who are
the subject of this litigation is as follows:
Lauren L, Lape, born January 12, 1982; and Daniel A. Lape,
born September 6, 1986,
2, A Conciliation Conference was held on March 6, 1998, with the
following individuals in attendance:
The Father, William D, Lape, with his counsel, Marcus A,
McKnight, III, Esquire; and the Mother, Margaret E, Walker,
with her counsel, Jane 14, Alexander, Esquire,
3, The parties were previously before the Conciliator in July of
1996 at which time they agreed upon a Custody Order with the
understanding that an evaluation would be completed, The
prior Order provided Mother to have primary custody during the
school year with Father enjoying alternating weekends, Father
was to have more expanded time in the summer. The custody
evaluation has been completed,
4. Father desire to have primary custody of the children. He
would defer to Lauren with respect to her stated preference.
However, he feels that Daniel is of an age that he is bonding
more with the Father and that Daniel would be better off
living full time with the Father, Mother suggests that the
current arrangement is quite satisfactory and Mother points to
the custody evaluation which also suggests a maintenance of
the status quo with some expanded time to the Father during
the summer,
5, The parties are unable to reach an agreement and a hearing is
necessary, A hearing should take approximately one day,
,
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER 8 IRWIN
"'ARCUS Ai McKNIGHT, lit
.JAMES D. HVOHES
REBECCA R HUGHES
DANIEL W. OtARI,IENT
WEST POMFRET PROFESSIONAL BUILDING
60 WESTPOMFRETsrREET
CARLISLE. PENNSYLVANIA 17013,3222
(7171249-2353
FAX (717) 249-6354
E.MAIL: IMHLAWfjAOL.COM
HAROLDS IRWIN tf8's.,e11}
HAROLDS IRWIN. JR fll'54.tf!O'
IRWIN. IRWIN "'RWIN 1185d""'J
IRWIN, IRWIN" M,KNIOHT ('Nf.'804)
August 19. 1998
THE HONORABLE J. WESLEY OLER, JR.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
RE: WILLIAM D. LAPE
v.
MARGARET E. WALKER
96-3285
CUSTODY
Dear Judge Oler:
A custody hearing had been scheduled to be heard by you for Thursday, August 27, 1998
at 9:00 a.m. By agreement ofthc parties, I am requesting that this custody hearing be
rescheduled for late this fall,
Please have your secretary call my secrctary and Attorney Alexander's office to
reschedule this custody hcaring. I havc discussed this continuance with Altomcy Jane M,
Alexander and she has agreed to the same.
Thank you for your consideration.
Very truly yours,
MAM:clc
cc: Jane M. Alexander. Esquirc
Mr. William D. Lape
WILLIAM D, LAPE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-3285 CIVIL TERM
CUSTODY
MARGARET E. WALKER,
Defendant
aCknowledge that Lauren Lape was present for a court proceeding
regarding custody in Cumberland County on this date from 9:0D
a.m. until 12:00 noon.
ORDER OF COURT
AND NOW, this 4th day of November, 1998, this will
By the Court,
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Counsel for Plaintiff
-
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~.~
Jane M. Alexander, Esquire
148 South Baltimore Street
Dillsburg, PA 17019
Counsel for Defendant
Isrs
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WILLIAM D. LAPE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-3285 CIVIL TERM
CUSTODY
MARGARET E, WALKER,
Defendant
ORDER OF COURT
AND NOW, this 4th day of November, 1998, this will
acknowledge that Daniel Lape was present for a court proceeding
regarding custody in Cumberland County on this date from 9:0D
a.m. until 12:00 noon,
By the Court,
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Counsel for Plaintiff
I . fY"-"",-"t.. II I" I '1~'
C'j''<_ ""
...J.. .
Jane M. Alexander, Esquire
148 South Baltimore Street
Dillsburg, PA 17019
Counsel for Defendant
:are
"I
WILLIAM D, LAPE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
MARGARET E, WALKER,
Defendant
NO. 96-3285 CIVIL TERM
AND NOW, this
ORDER OF COURT
, ~ day of November, 1998, upon consideration ofPlaintitT's
Petition for [Modification of] Custody, with respect to the parties' children, Lauren L. Lape
(d,o,b, Januwy 12, 1982) and Daniel A, Lape (d,o.b, September 6,1986), and following a
hearing held on November 4, 1998, it is ordered and directed as follows:
I. Legal custody of the children shall be shared by the parties.
2, Primary physical custody of the children shall be in the mother. Temponuy
or partial physical custody of the children shall be in the father as follows:
a, With respect to Lauren, except for a consecutive tour-week period
in the middle of the summer, on altemating weekends from Friday at 6:00 p,m.
until Sunday at 8:00 p.m" and at such other times as Lauren wishes and the
father is available.
b. With respect to Daniel, during the school year on alternating
weekends from Friday at 6:00 p.m. until Sunday at 8:00 p,m., during the
summer for a period of five weeks at the beginning of the summer and four
weeks at the end of the summer, on alternating Christmases, on alternating
other holidays, and at such other times as the parties mutually agree,