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HomeMy WebLinkAbout00-00857 - -, ,~"" -, - ". '- ,".'-.-~' -,-, . . "ri i I I . I I I , i i i TOYE J. WALKER, Plaintiff : IN THE COURT OF COMMON.PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA. v. : NO. 2000- ~S '"7 TIMOTHY M. WALKER, Defendant : CUSTODY ACTION - CUSTODY ORDER AND NOW, this day of February, 2000 upon consideration of the Emergency Petition for Special Custody Relief submitted by Petitioner Toye J. Walker, it is hereby ORDERED that Petitioner Toye J. Walker is hereby granted primary physical custody of Tyler S. Walker and Tayler S. Walker. Respondent Timothy M. Walker shall immediately relinquish custody of Tyler S. Walker and Tayler S. Walker to Petitioner, subject to such periods of temporary physical custody for Respondent as shall be agreed to mutually by the parties. BY THE COURT: J. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . . I. TOYE J. WALKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- ~S7 I:j r Plaintiff v. TIMOTHY M. WALKER, Defendant : CUSTODY ACTION - CUSTODY ORDER AND NOW, this day of February, 2000 upon consideration of the Emergency Petition for Special Custody Relief submitted by Petitioner Toye J. Walker, it is hereby ORDERED that Petitioner Toye J. Walker is hereby granted primary physical custody of Tyler S. Walker and Tayler S. Walker. Respondent Timothy M. Walker shall immediately relinquish custody of Tyler S. Walker and Tayler S. Walker to Petitioner. BY THE COURT: J. . . ~' I ! ;' ! I I I I i I I I I , i , i I TOYE J. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 2000- 857 TIMOTHY M. WALKER, Defendant : CUSTODY ACTION - CUSTODY AND NOW, this ORDER {!>" (i, day of February, 2000 upon consideration of the Emergency Petition for Special Custody Relief submitted by Petitioner Toye J. Walker, it is hereby ORDERED that a RULE is issued upon Respondent Timothy M. Walker to show cause, if any he should have, why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE at a hearing to be held on the -<J{ Ifv day of February, 2000 at g; 30 o'clock _ .m. in Courtroom No. I of the Cumberland County Courthouse, . Hanover and High Streets, Carlisle, Pennsylvania. BY THE COURT: VlN~ilf!ASNNjd At"'nr-"" '-"," ;-,' '-.nl,'!!,!" ,,: It ,- I ( j~'_l 0:' ,1"--;-,:--'-' ''1 I , 1."'_,, _' ';. ,'. ,,-,,_, , Iv LAW OFFICES SNELBAKER, BREN N EMAN & SPARE ~ '1 '5 1'1' 'j .. t"L; r I U c., nn ,:; w_...J .,."ll Cory Yh~ r &:ce' -Ie ])ePJ- C?opy ?~o-Y;;z[(y 9(~-b P(f2{! f)j;~/co ~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . .. l1 ! ~ :'1 !1 'I TOYE J. WALKER, ~ i " U ,. H II (I ',-I :,1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000- e{;7 v. TIMOTHY M. WALKER, Defendant CUSTODY ACTION - CUSTODY EMERGENCY PETITION FOR SPECIAL CUSTODY RELIEF PURSUANT TO Pa.R.C.P. 1915.13 PlaintiffToye J. Walker, Petitioner herein, hereby submits this Petition and in support thereof states the following: 1. Petitioner Toye J. Walker is an adult individual residing at 109 East Main Street, Plainfield, Cumberland County, Pennsylvania. 2. Respondent Timothy M. Walker is an adult individual residing at 100 Shawnee Trail, i: t: li ~J York Haven, York County, Pennsylvania. (-j ; 3. Petitioner and Respondent are husband and wife and the natural parents of two children, Tyler S. Walker, born July 16, 1994 and Tayler S. Walker, born January 21, 1998. '" t.; !] Ii 11 jl e, " 4. Since the birth of Tyler S. Walker, Petitioner has been the primary caregiver to the parties' children and has not been employed outside the parties' home since the birth of Tayler Walker so that she could raise, care for and attend to the needs of the parties' children. 5. Until January 19, 2000 Petitioner and Respondent resided at the parties' marital home at 100 Shawnee Trail, York Haven, Pennsylvania. 6. On January 19, 2000 Petitioner with her two children left the marital home and have since February 3, 2000 resided at 109 East Main Street, Plainfield, Cumberland County, .. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . " Pennsylvania with Petitioner's brother, Ronald Wilson, IT, Petitioner's sister-in-law, Karen Wilson and their two children, Petitioner's niece Brooke Wilson and niece Alison Wilson. 7. Since moving from the marital home with the parties' children on January 19, 2000, Petitioner has advised Respondent of his ability to spend time with the parties' children and have periods of custody with them. 8. On Saturday, February 12, 2000 Petitioner gave Respondent custody of the parties' two children with the understanding and agreement between the parties that Petitioner would pick up the children from Respondent Sunday afternoon between 2:00 and 2:30 p.m. 9. On February 13,2000 at approximately 2:30 p.m. Petitioner went to Respondent's residence for purposes of picking up the children. At such time, Respondent refused to relinquish custody ofthe children to Petitioner and has indicated his intention that Petitioner not have custody of the parties' children. 10. Petitioner has been the primary caregiver for the children since the time of their birth and Respondent has provided minimal assistance with respect to the care and nurturing of the parties' children. 11. It is in the best interest of the children and their welfare that Petitioner have primary custody of the children and that the status quo be preserved with Petitioner maintaining primary physical custody of the parties' children due to her experience and ability to care for the physical and emotional needs of the parties' children. WHEREFORE, Petitioner requests this Court to grant her emergency relief by awarding -2- her primary physical custody of the parties' children pending a custody conciliation. SNELBAKER, BRENNEMAN & SPARE, P. C. ~~ Date: February 14,2000 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Toye J. Walker , j-I i I Ii i! " i-I " I ,1 , " :j 1 ! i :1 LAW OFFICES SNEI..BAKER, BRENNEMAN & SPARE -3- LAW OFFICES SNELBA.KER, BRENNEMAN & SPARE , t': i" , VERIFICATION I I" I " , , i I " I verify that the statements made in the foregoing Petition are true and correct. I I, I: understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Date: February 14, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE - i:i II 1:1 I' CERTIFICATE OF SERVICE i I, nIT.H o. BRENNEMAN, ESQUIRE, herebyc~rtify that I have on the below date, caused a true and correct copy of the fotegoingPetition a,ndldr Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID; ADDRESSED A:SFOLLOWS: Timothy M. Walker 100 Sha:wnee Trail YorkHav~1i, PA 17370 Keith O. Br~nn~rnan, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Toy~ J. Walker Date: February 14, 2000 ,,-...d - ~ "' . , . ....J_, TOYE 1. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-857 v. CUSTODY ACTION TIMOTHY M. WALKER, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL CUSTODY RELIEF PURSUANT TO PA.R.C.P.~1915.13 AND NOW comes the Defendant, TIMOTHY M. WALKER, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the following Answer to Plaintiffs Emergency Petition for Special Custody Relief Pursuant to Pa.R.C.P. ~ 1915.13: 1. Admitted in part; denied in part. It is admitted that Plaintiff officially changed her mailing address to 109 East Main Street in Plainfield. However, it is denied that Plaintiff permanently resides at that address. By way of further answer, it is believed that Plaintiff alternates resideoces between that of Plaintiff's paramour, Greg Smith, in Bowmansdale, that of Plaintiffs friends, Jeff and Jennifer Gibb, in Mechanicsburg, and that of Plaintiffs brother and sister-in-law, Ron and Karen Wilson, at 109 East Main Street in Plainfield. 2. Admitted. By way of further answer, Defendant continues to reside in the marital residence, which Plaintiff left with the children without Defendant's permission to be with her paramour, Greg Smith. 3. Admitted. " . ~-"'" . I ", . . . . 4. Admitted in part. Denied in part. It is admitted that Plaintiff quit her job when Taylor was born. It is denied that she quit her job so that she could raise, care for and attend to the , needs ofthe parties' children and strict proof thereof is demanded. By way of further answer, it is believed Plaintiff quit her job because all the money she was earning was being put towards daycare, therefore defeating the purpose of earning an income. 5. Admitted in part; denied in part. It is admitted that Plaintiff left the marital residence with the parties' two children on January 19th, 2000. It is denied that she has not resided there since January 19th, 2000. By way of further answer, Plaintiff returned to the marital residence on January 20, 2000 and then left again with the children on February 3, 2000. 6. Admitted in part. Denied in part. It is admitted that Plaintiff left the marital home with the parties' children on January 19th, 2000. It is denied that she and the children have resided at 109 East Main Street, Plainfield, Cumberland Couoty, Pennsylvania, with Plaintiff's brother, Ronald Wilson, II, Plaintiffs sister-in-law, Karen Wilson and their two children, Plaintiffs niece Brooke Wilson and niece Alison Wilson. By way of further answer, Defendant is without sufficient knowledge to know where Plaintiff spent the night with the children on January 19th, 2000; Plaintiff returned the marital home on January 20, 2000, stayed until February 3, 2000, at which time she took the children to the Wilsons in Plainfield, left on February 4, 2000 and took the children and spent the night at the home of her paramour, Greg Smith, in Bowmansdale, left on February 5, 2000 and took the children and spent the night at the Gibb's home in Mechanicsburg, left on February 6,2000, and took the children back to the Wilson's in Plainfield where she stayed until February 10, 2000. On February 11, 2000 Plaintiff returned to the home of ~ ~ - - . . her paramour, Greg Smith, in Bowmansdale which is where she remained with the children until Defendant returned the children to their home, the marital residence. Plaintiff requested the children from Defendant on February 13, 2000 at which time Defendant informed her that he was keeping the children since they were emotionally confused and not residing in a stable environment. 7. Admitted in part; denied in part. It is admitted that Plaintiff has advised Defendant of his ability to spend time with the parties' children and have periods of custody with them. It is specifically denied that Defendant agreed that the children could permanently be moved from the marital residence and have no permanent or stable residence with Plaintiff. 8. Admitted in part. Denied in part. It is admitted that Plaintiff gave Defendant the children on Saturday, February 12, 2000 and that the parties agreed that Plaintiff would pick up the children from Defendant on Sunday, February 13, 2000. It is denied that Defendant agreed that Plaintiff could take the children to the home of her paramour, Greg Smith. By way of further answer, Defendant explained to Plaintiff that the children were confused about her relationship with Greg Smith and that she could take the children to the Wilson's in Plainfield. Plaintiff informed Defendant that she planned to take the children to Greg Smith's home and Defendant refused to give her the children. 9. Admitted. By way of further answer, Defendant has indicated that he will not relinquish the children unless Plaintiff has a stable, permanent residence and does not force her relationship with Greg Smith upon the children, who are very confused. ",.................... ~ - ~ ~ _I~ > - ~;. . , 10. Admitted in part; denied in part. It is admitted that when the parties were happily married, that Plaintiff was the primary caregiver for the children. It is denied that she has been the primary caregiver for the children in recent weeks. It is further denied that Defendant has provided minimal assistance with respect to the care and nurturing of the parties' children. By way of further answer, it is Defendnat's belief that Plaintiff has been neglecting the children so that she can pursue her relationship with her paramour, Greg Smith. Defendant has been the children's only source of stability since Plaintiff decided to leave the marital residence to pursue her relationship with Greg Smith. 11. Admitted in part; denied in part. It is admitted that Plaintiff has previously demonstrated that she has the experience and ability to care for the physical and emotional needs of the parties' children. It is denied that she presently has the ability to care for the physical and emotional needs of the parties' children. It is further denied that it is in the best interest of the children and their welfare that Plaintiff have primary custody of the children and that the status quo be preserved with Plaintiff maintaining primary physical custody of the parties' children. By way of further answer, Plaintiff has demonstrated that her needs and her desire to be with her new paramour, Greg Smith, have superseded and continue to supersede the needs of the children. WHEREFORE, Defendant respectfully requests this Court to deny Plaintiffs request for emergency relief pending a custody conciliation. , . ~.~" BY: Dated: Z111/ dO .~ ' Respectfully submitted: Je e B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 221-0900 PA Supreme Ct. ill No. 68735 ATTORNEY FOR DEFENDANT ~_M - ." ~J , . '. TOYEJ. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : No. 2000-857 v. CUSTODY ACTION TIMOTHY M. WALKER, Defendant VERIFICATION I, Timothy M. Walker, hereby verifY and state that: 1. I am a Defendant in the above-captioned case. 2. The answers set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. CS&#~ Timothy M. Walker Date: ~ - J7 -c:;:c:J _. - ......_~, . ~ . . TOYE J. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-857 v. : CUSTODY ACTION TIMOTHY M. WALKER, Defendant CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that a true and correct copy of the foregoing document was served upon the following the counsel of record via postage pre-paid first class Rlail: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 BY: B.Costopoulos, Esquire 140 North Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 PA Supreme Ct. IDNo. 68735 ATTORNEY FOR DEFENDANT Dated: z/111tJO >- 0-; ~~= ~:;;~?, :''--.' :- ~ 1,,'__ >- f- ~ f:3~ ('::'2-~ ~3 >- (/::' -7 (:7 I dJ -.'- (1) N V. ('-.J ("'; r~'::; L.. r--', t.:J . -e 'Q) <oi ~ 1:lg "'-0 ~ "ilt-O -0- 8iJS<;> '" " - ~ '" ^N -= "€ ~~ ~ or:; =- z. r- ~ ~ 0 .. ~::I:i Vi ~ - U . , . .. Costopoulos & Welch 1400 North Second Street HarrisbljIg, PA 17,1 02 (717) 221.09'0 TOYE J. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000- ~5 7 ~ v. TIMOTHY M. WALKER, Defendant : CUSTODY ACTION - CUSTODY ORDER AND NOW, this \\ day of \?" b ' 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~ ~ ~ ~~ ' E"jUire, "'" 00","'_, " 3,'1 \..), 401[, 'M"('" 'r<I . . ,Pennsylvania, on the \8 day of . . (\ 20~ -5 "00 o'clock ~e "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. 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. FOR THE COURT, By: ~sb.\~~~. Custody Conciliator i C~ ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 . ! ~ " , ,~.. "" _,_', ."_ __, _"_,,_~ d'_ - pq (,~r:rJ ';! r) .....-t, .- ~_; c:..:.J j~j IJ: J ~1 Crill;i'! -_i'~"~~,: ' ._"'_, ,_' ,._: . ..... "V"'jc...:~_J ;'....{'I;\'-J l.. ,i II )j\i 1 \1 Pt:\ji\[C""'1 \"':\1"'-" ." _J . f ~..) r l.- li-\,I 1:'\ M ~'?J1~~0# ~,~ W~~ Z dy~. d-;;JF6d {"~ /U~ ~4~,cd~ CJ..,;l9.tp(J q eX$? 'O&, ~ ~1!'llIIilI'" .~ ~1I!IlI~~_""",__ - L-AW Ol'"f'ICES SNELBAKER, BRENNEMAN & SPARE Defendant CUSTODY ACTION - CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TOYE J. WALKER, Plaintiff v. : NO. 2000- TIMOTHY M. WALKER, Defendant : CUSTODY ACTION - CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILDREN AND NOW, the Plaintiff, Toye 1. Walker, by her attorneys, Snelbaker, Brenneman & Spare, P. C., hereby avers the following: 1. Plaintiff Toye J. Walker is an adult individual residing at 109 East Main Street, Plainfield, Cumberland County, Pennsylvania, 17081. 2. Defendant Timothy M. Walker is an adult individual residing at 100 Shawnee Trail, York Haven, York County, Pennsylvania, 17370. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Tyler S. Walker 109 E. Main Street Plainfield, P A 17081 5 Tayler S. Walker 109 E. Main Street Plainfield, P A 17081 2 The children above named were born in wedlock. The children above named are presently in the custody of Defendant at his residence as indicated in Paragraph 2, above. i '"1 4. During the last five (5) years, the children resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Plaintiff, Plaintiff's brother, Ronald Wilson, II, Plaintiff's sister-in-law, Karen Wilson and their two children, Brooke and Alison Wilson 109 E. Main Street Plainfield, P A 17081 January 19, 2000 and February 3,2000 to present Plaintiff and Defendant 100 Shawnee Trail York Haven, PA 17370 to January 19, 2000 The mother of the children is Plaintiff Toye J. Walker, who is currently residing at the address indicated in Paragraph 1, above. She is married to Defendant. The father ofthe children is Defendant Timothy M. Walker, who is currently residing at the address indicated in Paragraph 2, above. He is married to Plaintiff. 5. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Ronald Wilson, II Karen Wilson Brooke Wilson Alison Wilson Brother Sister-in-law Niece Niece 6. The relationship of Defendant to the children is that off ather. The Defendant currently resides with the following persons: NAME RELATIONSHIP None LAW OFFICES SNEL.BAKER. BRENNEMAN & SPARE -2- 7. Plaintiff has not participated as a party in other litigation that involved custody of the . parties' children. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare ofthe children will be served by granting primary physical custody to Plaintiff because Plaintiff has been the primary caretaker ofthe children since their birth and can provide a clean, safe and emotionally stable home and environment for the children. 9. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Toye J. Walker requests this Court to grant her custody of her children, Tyler S. Walker and Tayler S. Walker. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: February 14, 2000 By: ~~~ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Toye J. Walker LAW OF"FICES $NEi-.BAKER, BRENNEMAN & SPARE -3- LAW OFFICES SNEJ...sAKER, BRENNEMAN & SpARE VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. {,,,c,.j. rAJ~/ I Toye't. Walker Date: February 14, 2000 LAW OFFICES SN~LBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition and/or Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAlL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Timothy M. Walker 100 Shawnee Trail York Haven, PA 17370 ~q/1/' . --"I. J'V-V . b' '----' Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P.0.Box318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Toye J. Walker Date: February 14, 2000 , , I 'w' -. ,-' ~<=~"'." Iiliiiilhll/il!lli.i11 ~~ :l ~ ~ eN ~ ~~ ~ ~ ~ c,., &~ ,,\j t '-~ ~ ~ \. ~~~ l - ~ (') 0 0 c= C1- -on <~ -." ~~~ :- ~ r< C; ~~1 -;:.:- ."-'. ~~('-;, '.) , .':->,.::....-'-:-" ~ _._J ..- - - ::.; ~ -::; :~q. ~<~ { ~1 _<... ........ ....,'" TOYEJ. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIMOTHY M. WALKER, : Defendant NO. 2000-857 CIVIL TERM ORDER OF COURT AND NOW, this 1. y ~ay of February, 2000, upon agreernent of counsel, the hearing previously scheduled for February 24, 2000, is CONTINUED GENERALLY. Counsel are directed to contact the Court if they desire a hearing in this rnatter or if a settlement is reached. BY THE COURT, Keith O. Breuneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff esley Oler, Jr. J. ~~ ;2- :25 -00 RK3 Jearme Costopoulos, Esq. 1400 North Second Street Harrisburg, PA 17192 Attorney for Defendant :rc 18.1111 ~. . ,... __.."'~' ~~.1-" '-~'~~- ~"". .,,,-,, -~ ~ , """".- 8 ~ -n ~~~ L ~ 01 .!!2 :2 r:: u "):> (; 2. ~ ~ 3 / ~ $0 -:t !l {. - -ot .., I ~~ } ~. ~ TOYE J. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-857 TIMOTHY M. WALKER, Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, this "'3 rd day of M2J'':''~ , 2000 in consideration of the Motion to Approve Stipulation For An Agreed Order Of Custody between Plaintiff Toye J. Walker and Defendant Timothy M. Walker with respect to their minor children Tyler S. Walker and Tayler S. Walker, it is hereby ORDERED that the attached parties' Stipulation is hereby approved and incorporated by reference in its entirety in this Order. BY THE COURT: ~ ~ 3-3.00 RK5 J. c, () -n C:) :~iJ I C',) ~-~.;-;, t~] ~- ~ '(~) -::-'1') ~;'>?-~ (' shl :--=-1 ~n -< ~';) ''0 \(J LAW OFFICES SNELBAKt=:R. BRENNEMAN & SPARE LAW OFFICES SNEL8AKE~, BRENNEMAN & SPARE TOYEJ. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-857 TIMOTHY M. WALKER, Defendant CIVIL ACTION - CUSTODY MOTION TO APPROVE STIPULATION FOR AN AGREED ORDER OF CUSTODY Plaintiff Toye J. Walker, by her attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Motion to Approve Stipulation For An Agreed Order of Custody and in support thereof states the following: 1. Plaintiff Toye J. Walker initiated this custody action by Complaint filed February 14, 2000. 2. On February 14, 2000, Plaintiff filed an Emergency Petition for Special Custody Relief pursuant to Pa.R.C.P. S 1915.13. 3. On or about February 17, 2000 Defendant filed an Answer to Plaintiffs Emergency Petition for Special Custody Relief 4. Plaintiff and Defendant Timothy M. Walker have resolved the matter of the legal and physical custody with respect to their two minor children by a Stipulation For An Agreed Order of Custody, which Stipulation was executed by the parties on February 23, 2000. A true and correct copy ofthe parties' signed Stipulation For An Agreed Order of Custody is attached hereto and incorporated by reference herein as "Exhibit J>.;'. 5. Pursuant to Article IV of the parties' Stipulation, the parties have agreed that the Stipulation shall become an Order of Court. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE , ",.~ 6. Jeanne Costopoulos, Esquire, attorney for Defendant Timothy M. Walker, consents to this Motion. WHEREFORE, Plaintiff requests this Court to approve the Stipulation For An Agreed Order of Custody and to incorporate same into an Order of this Court. SNELBAKER, BRENNEMAN & SPARE, P. C. liP"',II4-t . BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Toye J. Walker Date: March 3, 2000 -2- LAW OFFICE:S SNELBAKt=:R, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certifY that I have on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAlL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 r4.:(lJlllfe( 't 1- """ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P.O.Box318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Toye J. Walker Date: March 3, 2000 I I ~ , ~ " ." Q2-23-00 15:2B VEN~TOR GROUP EDI DEPARTMENT 10=717 ~.D-~~-UU 02:10P Sn.lbakar, Srannaman & Sp 717 Sg7 7881 -- --I -~ ,--. 't ~"~ ~~ < P.la2 P.02 " ^' TOYEI. WALKER, Plaintiff vs. : IN THE COURT OF COMMON I"l.t':AS OF : CUMBF.RLANDCOUNTY, PF.NNSYT,VANIA : NO. 2000-SS7 TIMOTHYM. WA.l.KER, Def'elldant : CIVIL ACTION - CUSTODY STIPULA nON FOR AN AGREE!) ORDER OF CU$TODY Plailltiti, Toye J. Walker (somellmes rcfcmd to herein 85 "Molher") and Defendant 'I1mothy M. Walker (somellmes leferred to henlln as "Father") hereinaftL-r "the parties". hereby stipulllle IIlId agree as follows: 1. LEGAL CTlJSTODy'. 1. 'flle parties hel'8Oy ape<: to shure \egal CUSlody of1hcir minor childrcn. Tyler S, Walker, bomIuly 16, 1994 and Tayler S. Walker. born JlII1\1l11}' 21. 19911. All disclL"i"l1s , aftbctinlllhe children's gnlWlh and dcvel~1 im:luding, hut not Illlliled to: lll~uj",,1 and dental treatment, discWlsion relatinlllD actual or plltentlallitigalion Involving the children olher than cUliludy litigation, edIl\lIlion. both -*lIl1d lCligious, scho!altic utl1letic purxuils and uther extra curricular 8l:1ivities, shall be coniidcrcd major discussions and shall he made hy Ih~ parents Jointly. after dtscllllllion and consulta'lion with l!'olCh other and with a view Inwards obtaining and following a harmonious policy in cub child's hllllt interest. . 2. Each party aps 10 keep the other informcd oflhe progress 0 r lheir children'. education and social adjustments. F..ach party agNeS not to impair the other puny's rjllln tn shared legal or physical c:ustody of their children. &ell party agrees to give slIpl'OI'l 10 the tllh~r in the role as pllMlt iIlld to take Into aCCOUllt the consensus of the other.for the I'hysiC<ll und em"!i,,n..1 well-being of lheir chi Idren. EXHIBIT A ., 3. While in the presence of Iheir children, neither parent shall make m permit any olher person lO make any remarks or co anything which could j~. any way be C0l1s1rm,d as dewgalnry "r uncomplimentary to the other parcnt. It shall bc the express duty of each parcnt to llphold the other parent as one whom the children should l(lve and respect. 4. It shall he thc obligation of cach parent 10 make their children avallable to the nther in accordance with the physical custody schedule agre.:d to herein. 5. Each parent shall have the duty to notify the oth.:! of any event or activit) Ill;,1 eO\.lld reasonably he expected to be of significant concern to the other parent. 6. 1he parents shall communicate directiy with \)ne anothcr concerning ,my parenting issue requiring consultation and agreement and regarding any pl'Oposed 1nOllili"llions 10 l!lC physical custody schedutc, which may Ii-om time (.1 time b"come necessary. and shall 'p",:ili.,,',lly not use their children as messcngers. Furlh"nnorc, neither parent, shall discllss with their children allY proposed.changes to thc physical custody schedule, or allY othcr issue rc(]uirin;>: consultation and agreement, prior to discussing the m~ttcr and reaching un agreemcnt with the oth"r parcnt. 7. With regard to emcrgeney decisions which must he made, thc parent with whn'll lhe children are physically residing at the time shall be permitted to make the decision l1eeessilal~d by the emergency without consulting the other parent in advill1,e. However, that paren' sh"lI inform the other Mthe emergency and consult with him/hcr ill! soon as Pll.sibk. Day-t:l-day decisions of a routine nature shall be the responsibility of the parent having physi,al clIstod\ al thctime. 8. Each parent shall be entitled to oomplete and full information frmn <Iny do,lor. dcnti,,- - '. .J', - '--;--~ 02-23-00 15:42 VENA TOR GROUP EDI DEPARTMENT 10=717 ornb-23-CC C2.11P SnQlbakQr. BrQnneman & Sp 717 697 7681 P.04 10.04 teacher or authority and ba~ copies or any reports given to diem. as a parcllt Such documcllls includll. but an: not limited to, medical nlporl8. aca4emic and school ccport cards and birth certifICates. Both pan:Ilts may and arc encouraged to attend school conferences and activities. Both parents shall be listed with the !leho"t as the pril1llllY individuals to be cOlltacted ill the event of an emergency and to be ftOlifiod regarding school events. However. it wlll bc Molher'N primary responsibility to provide Father, with copies of report c:ards and all notifications of llU\ior school evenL~. 9. Neither parent sbllll schedule aclivities or appointments for their childllin which would require the attendance or participation at said activity or appointmenl during a. time when the childTen are scheduled to be in the physical custody of1he other parent without that porenfs expreSll prillT approval. n. PHYSlCALCUS'l'ODY. A. Mother aha1l have primary phy~ioal custody of both TlI)'ler and Tyler. D. Father shall hllVe the following ",ri!,ld.~ l,lf ~ physical cust.lldy of Ihl:: children: 1. Alternating _kends wilh Fathlll' s\Bning Friday at 5:00 ,'.m. unlit Sundll) at 4:00 p.m. Father's weekend of physil:a1 c:ustody shall commence Febnllll'Y ~5. 2000. 2. Two non-consec~tiYC! weeks (seven days each) during the time commonly known as llIIn!.mer vacation. Father shall ajve Mother two weeks prior notice or his intention to exac;ise these periods of custody. Mother shall also have two 1I1l". consecutive weeks during summer VUlItion with two weeks prior notice to Falher. ,~"o,..,',""~ ,,--~ . I" 02-23-00 15:43 VENATOR CROUP EOI OEP~RTME~T 10-717 , Fab-~~-oo 02,11P Snalbakar, Br~nn.man & Sp 717 697 7681 P.05 P.05 C, The parties shall have Ihe lilllllwing pmodll ufphysical custody with their children, which shall take prcccdcnt over tit" res"lar cIIstmly s~lldul~ 11$ set forth in Paragraph A and B above: I. ThanksglvillQ Day from 9:00 a.m. to 5:00 p.n,. shall he with Father illlllld numbered years and wIth Mother ill even n\llnbered yem. 2. Chrlscmaa Bve from 5:00 p.m. DccOlllber 24 10 Christmas Day at 5:00 p.m. !! \ , sball be with Mother in odd nwnbe~ yeal'$ and with Father in eVlln numhered years. ~. New Year's Eve from 5;00 p.m. III New Year's Day at 5:00 p.m. shall hI! with i I. ,I :1 I I , ., , :I I " ,i Mother in even numbered years snd with Father in odd numbered YC81'S. 4. fI..as1er Sunday shall be with Mother from 9:00 a.m. 1<,15:00 p.m. in odd n\lmbcted yeai'll and with Father Ii-om 9:00 a.m. to 5:00 p.m. hi CVen numltered yean. 5. Fourth (If1\11y shall be with I'ather in even numbered years from 9:00 ILnl. to 5:00 p.m. and with Mother in odd numbe~ years from 9:00 a.m. to 5:00 p.m. 6. Labor Day shall b\, with Mothlll' in even number\:d yeals from 9:00 B.m. 1\1 5:00 p.m. and with Father in odd numbered years from 9:00 a.m. In 5 :00 p.nl. 7. Memorial Day.shall be with Father in odd numbered years Irom 9:00 a.m. 1(1 5:00 p.m. and with Mother in eve" Ilumbcrcd years from 9:00 a.m. to 5:00 p.m. 8. Father's Day will be wilh FaIher from 9:00 a.m. to 5 ;00 p.m. 9. MolhCT's Pay will be with Mother lrom 9:00a.m. to 5:00 p.m. D. Father shall have such udditional periods oftempor.tl)' physical custody itS the flarliL'~ shall mUlWIIly aer=. It is understood by the parties thai then: may be times wbeD due II) work 01' other -'-^ .'", 1- ,. 02-23-00 15:44 VENATOR GROUP EOI DEPARTMENT IDm71? P.07 unforeseen evealS Ihat the time periods for Cll5tody cannnt ~ strictly 1U1I1l.'n:IlIIl. Each pm1) ~ to pmvicle tbe other with IlOtice. 10 tbe exteat It is possible undcT- th", cin:wnswru:ell, when tile limes lIJIllCiliod herem cannot be strittly adhered to bY the perRon who j~ tll have ClL\t111dy. In. TRANSPORTATION. ~J*licugtCCthata:cbqc ofphyaiclll c:usIlldy of the child~n ohall be 81!he Food Court of the Capital City Mall, which hlClllion sIIaU be subject 10 ehan8D~ u. the P\IrI i,'ll can mutually agree. OC..J)RDER OF COURT. This Stipulation shall become an (lfder of(,..ooo. ~~~ ruDOthy M. Walkcr Fatlter Date: ~ - '2- '3-c:c;J Date; 2-2-'3-cb ~ -"'j'i!iilMNIlIi_~IIll-- - n~ __iiibit:"'iiIl~IIl~- ., .~,., .. - (") ~;6 n4.j";i :-7": ~J:; 2:'l~-- ~~-' ~C] >: ~--~; p'(:,=, 2: --1 -< - c::::> o --v ~; ~ 1 (..) o ~'n .-1 :J':-n frip '''I-,fT' ,:i'jy ~2(~ ---'-,~ "1 i ~~~~ '~ ~t".:" ~'J :< "!::;~ ::'~,. -',~ 9 ,..., (-) It . - ~,.: APR 2 4 Zot TOYE J. WALKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-857 CIVIL TERM . . : CIVIL ACTION - LAW TIMOl'HY M. WALKER, : Defendant . IN CUSTODY . ORDER OF <JOORT AND NCM, this 18th day of April, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for today, April 18, 2000 is canceled. FOR THE COURT, oI!r-f J~crr S. Sunday, Esqu1re Custody Conciliator ~iIIilaiIi!ii!iiWii.Il!IR;],"""","""~-' ~.~" "~,- "'~~~~rg~U ~~ " ."""-lIIilillIIiII -,1 'i'_: _ r ,-'(J f~ l)' fj\i ,1..\;,1..' ~ - "J",\ ,~ I,TJ ," ,. .,:J," \_/-)I,..\\\.ll \ CU\''0\s~~r:\'~~\'~,!~ \1 p~'\\l\i\ \--'c:J\\ 'iV' l~, D:..\ \ .' . , Z~ t,t': . JIlO , ~ ~~ - I-.- " ii'~ TIMOTHY M. WALKER PLAINTIFF V. TOYE J. WALKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-857 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, FA 17055 on Monday, August 20, 2001 at 11:00 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. 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 hearing. FOR THE COURT, By: Isl Dawn S. Sunda'JI. Esq.bb 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ]j ~ ~.",." c'~_" .- ,__,.. ~ " I;E.OI ) -dB-Or I "d3-1)/ "-,- ~ ~, . ,,""'--- ," -"" .- ~"~~ ['j\ J\~L~~.j r",~l~t.~U ." C\j\,":,'::,,:"i~,: <~_IL.~'. " _'!\ "- i b j.,ib\)\\\'J '(0:1 ,<' t " w- ~~ 'i;~ d4-b '7l~~ ~df;~ t~ /Ik~ If *~~ , -. 1.!111!ffi;'f!II:~""'~~,lt'~. ~~. "",,~_~!'!l'_ r ,~~l ~ '~ .......J==: TIMOTHY M. WALKER, PetitionerlDefendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-857 TOYEJ. WALKER, RespondentJPlaintiff : CIVIL ACTION . LAW : CUSTODY ORnF,R OF C.OTTRT . AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective. counsel appear before , conciliator, at , on the day of ,2000, at _ o'clock _.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. All children age five or old~ may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator -_1...,,,,,-,-,,,,,,,,,,",,," .~ TIMOTHYM. WALKER, Petitioner/Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLANP COUNTY, PENNSYLVANIA v. : No. 2000-857 TOYE J. WALKER, RespondentJPlaintiff : CIVIL ACTION - LAW : CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. i BY THE COURT: Date J. .....L..,_=. TIMOTHY M. WALKER, PetitionerlDefendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL~ANm v. : No. 2000-857 r:^ -r--:'.: c.~ r;l;- '- TOYE J. WALKER, RespondentlPlaintiff CIVIL ACTION - LAW CUSTODY :'.') , :...) \0 :d -< TO THE HONORABLE 1. WESLEY OLER, JR., JUDGE OF SAID COURT: PF.TITTON FOR MonwrrA TION OF A , PARTIAl, c:rTSTonv OR VISITATION ORmm , AND NOW COMES the Petitioner, Timothy M. Walker, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the following petition, respectfully representing as follows: 1. The petition of Timothy M. Walker respectfully represents that on March 3, 2000, an Order of Court was entered to approve the stipulation for an agreed orser of custody between Petitioner and Respondent; a true and correct copy of the order and stipulation are presented herewith as Exhibit A and incorporated herein by reference as though fully set forth. 2. . This Order should be modified because: (a) Petitioner is the natural father of the children. (b) Petitioner has established a relationship with the children. (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children. - .._J ".. (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural . ( e) The children would benefit from continued custody with their natural father. (f) Petitioner believes, and therefore avers, that the mother has moved several times in the last year and has changed jobs repeatedly, circumstances which have created an unstable environment for his children. (g) Petitioner further believes, and therefore avers, that the mother and children are currently residing with mother's paramour and his family, a situation Petitioner believes to be unhealthy for his children and not in their best interest. (h) Petitioner, on the other hand, has maintained the same job he held prior to the parties' divorce, has maintained the same residence since the sale of the marital residence and therefore could provide a more stable environment for the children. -" " ~ ......l........~., WHEREFORE, Plaintiff requests that the Court modifY the existing Order for partial custody/visitation, granting primary custody of Tyler S. Walker and Tayler S. Walker to Petitioner, because it will be in the best interest of the children. Respectfully submitted, Date: ~ /f7!Zrtd/ r~ Ii B. Costopoulos, E quire ATTORNEY FOR PETITIONER 1400N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ill No. 68735 ~~_~.1 ~- ~t"--- TIMOTHYM. WALKER, PetitionerlDefendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-857 TOYEJ. WALKER, RespondentIPlaintiff CIVIL ACTION -LAW CUSTODY VRRTFTC'A TTON I, Timothy M. Walker, hereby verifY that the statements made in the foregoing Petition for Modification of a Partial Custody or Visitation Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn , falsification to authorities. Date: 7-/'1-6/ Signature: ~t;~ Timothy M. Walker . --- / i LAW OFF1Ciiii:S 5NEL.BAKER. J3Re:NNEMAN & SPARE " ') llIIiWf\it' ~-....~" - MAR I) :1 zDoulf. .- TOYE J. WALKER, Plaintiff IN THE COURT .OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A vs. NO. 2000-857 TIMOTHY M. WALKER, Defendant CIVIL ACTION - CUSTODY ORDER I Ai\lD NOW, this Jrd day of -/~ , 2000 in consideration of the Motion to Approve Stipulation For An Agreed Order Of Custody between Plaintiff Toye J. Walker and Defendant Timothy M. Walker with respect to their minor children Tyler S. Walker and Tayler S. Walker, it is hereby ORDERED that the attached parties' Stipulation is hereby approved and incorporated by reference in its entirety in this Order. BY THE COURT: IS;/ dJ/61}"J, L '1 7 il J. .T1!'!:; r'l':JY ""I"'"'U n"....nRD . .~,~:. ,__.\..... r.,,'\-!r"'l l'.~\........ i[~ T~:I!':f.l~:ii ';.;h:.:- ..-f.. I hrr; !jr.to S(;t my hantf zn.J fh:3 5(;;;~ :Jf 5:i.: CCIJrt ct C:rlisle, Pa. 'r" 3~ .~ dO ~m. ................ ~.'/ .... (ff . I ..... .........., .... - ..... . .../.... prothonotarf ... /- L.AW OP~CE.S SNE1..BAKER. 8Rl!NNEMAN 8=. SPARE .~ TOYE J. WALKER, Plaintiff IN THE COURT OF COM:!vlON PLEAS OF CUMBERLAND COUNTY, pENNSYL-V ANIA vs. : NO. 2000-857 ) TIMOTHY M. WALKER, Defendant CIVIL ACTION - CUSTODY MOTION TO APPROVE STIPULATION FOR AN AGREED ORDER OF CUSTODY -', PlaintiffToye J. Walker, by her attorneys, Snelbaker, Brenneman & Spare, P. c., submits this Motion to Approve Stipulation For An Agreed Order ofCi.tstody and in support thereof states the following: 1. Plaintiff Toye J. Walker initiated this custody action by Complaint filed February 14, 2000. 2. On February 14, 2000, Flaintifffiled an Emergency Petition for Special Custody Relief pursuanttoPa.R.C.P.91915.13. 3. On or about February 17,2000 Defendant filed an Answer to Plaintiffs Emergency Petition for Special Custody Relief 4. Plaintiff and Defendant Timothy M. Walker have resolved the matter of the legal and /I physical custody with respect to their two minor children by a Stipulation For An Agreed Order of Custody, which Stipulation was executed by the parties on February 23,2000. A true and correct copy of the parties' signed Stipulation For An Agreed Order of Custody is attached hereto and incorporated by reference herein as "Exhibit A". 5. Pursuant to Article IV of the parties' Stipulation, the parties have agreed that the Stipulation shall become an Order of Court. - ~_.~~-------_.'---------~ --.-- ~''''l.l = (, -- I, \ i I , I 4 " }i~]~~~1n\/~ ';:~~;;;</ i.:l ,:;:>::,:, ;-- .:.: -,"~ " c.:t-, .-.... ':ff , LAW OFFICES 5 N ELBAKER. 2RENNEMAN & SPARE .'~ - ~~O;,",', 6. Jeanne Costopoulos, Esquire, attorney for Defendant Timothy M. Walker, consents to this Motion. I WHEREFORE, Plaintiff requests this Court to approve the Stipulation For An Agreed Order of Custody and to incorporate same into an Order of this Court. . ~. . SNELBAKER., BRENNEwlAl"\f & SPARE, P. C. ,i~'I'U BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Toye J. Walker Date: March 3, 2000 II :~ -2- ~'f1. ".;;:;.:.i', ,:-,'.:.)-" , LAW OFFICES SNELSAKER. 8RIZNNEMAN & SPARE --...j,~"w"" ~, .~ CERTIFICATE OF SERvlCE I, KEITH O. BRENNEMAN, ESQUIRE, hereby cel1ify that I have on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAn, POSTAGE PREPAID ADDRESSED AS FOLLOWS. Jeanne B. Costopoulo.s, Esquire 1400 North Second.$treet Harrisburg, P A. 171 02 1~01111 e( "t 1..------. Keith O. Brenneman, Esquire SNELBAKER, BRENN'EMAN & SPARE, P. C. 44 W. Main Street P.O.Box318 Mechanicsburg, P A 17055 II (717) 697-8528 Attorneys for Plaintiff Toye J. Walker I Date: March 3,2000 , i I ! i I I I ~r _" _ _ .. Y'_' J 11 ~ ill '::>:'.:::~:::;~;~~'r:{QO-~~-lJU 02: lOP ......d..y...... ";'::"-,:::::;;::;:~,:.-,:: -"',.l." ;)>)> ..:.j , __I,"""""",--,,,~ . Sn.'b~kQ~. 8rQnnGman & Sp 717 697 7651 P.C2 : TOYE J. W i\LKER, rlaintiJ]' ; l}I THE COURT Of COMMON P!.J':AS OF : CUMBERlAND CO UNIT, PF.NNSYi.V A.c"IA : NO. 2000-857 vs. TIMOTHY M. WALKER, Defendant : CIVIL ACTION - CUSTODY STIPULA nON FOR AN AGREED ORDER OF CUSTODY Plaintiff. Toye J. Walker (sometimes n:fured wherein as "Mother") and n"rendnnt Timothy M. Walker (somtUrne !:':fc."Il:d to hmdn as 'Father') here:nll.ft.,,- "the panic,". h",<by stipul~le and agrec a! follows: I. LEGAL C!lSTODY. 1. Tnc parties hel"llby a~ to slum: legal C"J31cdy of their mir.or childrcn.. Tyler S. WaiJcer, bomJuly 16, 1994 and Tayler S. Wlllker, born }"'1\l:'l'}' 21, I 99~. Ail di:lCtl"i"I1' affeetin~ the children's grtlwt.'l lUlrl dcvelu1""e:Jt including, but ~ot limited to: meui",,1 "nd dental treatment, disc-.wion relAt.ingtD =al oq:otmtiallitigation Involving the chiJdrcll (llhc' than c:J:<tody Iitiglllion, education, b<lt!l se<..1lla:r allii religious, sc:holaslic uthkdc PUr.luitl and other extra cUITicular 3ClivitiC3, shalll:e cOll3idercd major diswssions :me! shall 11" mudc by Ihc parents jointly, after dl$Cwllrion and consultation with. =11 ather and with a ,icw t<lW;lrds obtaining and following a harmoni01l3 JlOlicy in e:tl:h child'i best interest. . II 2. Eaeh party apu to lc=,1 the o(her informed of (he progress 0 r their childn;n'" education and social ;uljustmcnts. F.ach patty ~ net to impair the ether puny's ril:lu III sharer! I=ga! er physicall:U5'..cdy oflheir children. Cch puty ag=s to give Ullpl'Oli llllhc ll!.her in the rol= lIS p=t illld to take lnte aCl:Ountthe eonsellSU3 of tbe othcrfor the phys;C;11 und <!n~tivnlll well-b<:ing oflhcir child=. EXHIBIT A . , . ""':~~t::~~~~;;:~~w ',.-,~'".,.... "-'~' '1'-." ~,!0'MYC:,Y .:.:< . ,;'/ :;:_ttt/ ........:.-,r .:./ , ~'., ........l........ -- 3. While in the presence oflheir children, ..either pG.:'enl shall make (,[ per:n;! al'Y Plh":' pcrson lO m<lke aey remarks or C() Jr.)1hil!g whic~ could ir. uny W3Y be wmlrul'd as detc.'pl"') :Jr uncmn';llimellt~ry 10 the od~~r pilrcn!. It shali'be the e'pre~" dUlY of eJclt parcnt w1uphold t;le other parent as one whum the children should ],we and respect. 4. It shall b" the obligstion of cach parent to make their childcen ava:iabk to the Ill"e, in accordance with the physical custody schedule agre(;d to herein. 5. Each parer.l shall have th" duty to notify the other of 8."11' evel'! or activil) tlUI c(.t:1.1 rc:lscnably h" expcc;ed to be of signiticant concern to the other purer.t. 6. The parer.ts shall communicate direc:ly \\1th (m" ,lnolhcr cOl\cerning any p"rc"lir;~ issu(; requiring ccn;ullatiol1 ane.! agrceme:u and regarding an~r propos~d 'nodiJiUli'J'''' 10 r::'~ plly,ical custoc.1' schedule, which may lrom timo: to time bc<:omc ll~~"-<.'''''1'. and ,h"ll >peci::c:lil, not use their children as rr.esscngers. Furthermor.~, !leitlJer parent ,hall disc~ss with lh~i, children any proposcdchanges to tl:c physical ctL,;wdy schedule, or 'm} other issl;e rcquHl1t consultatlon iLl'ld agreement, prior to discu~sing lh~ n:~ncr a.l1d r~achjr:g ~Ul agreement wirh tf1c:' ocll"r parent. i, With regard to emergency deci,ions which lllU;,"t be mace. the parent wirh whit" the children ar~ physically residing at the tim" shall be permitted III m.\kc the decisior. nccc"iLJleJ by the emergency withoct cunsulting the other parcni ill advance. How~Yer. that p~relE sh~1l ;l1ti:mn the oth"r oCtile emergency a.l"Jd consult \..;th hin1r11Cr il$ soon ~~ possible. DOY-D-day d.:cisiol1s o[ a routine nature shall be the responsbiliiy of the parent having physical cu,Ll1d:, al the time. 8. Each pare!!t shall be entitled to <Xlmplete and full inlormation frcll1 any d<J<:tur. d~nti51, '-'. "'-00 1~:42 VENATOR GROUP EOI DEPARTMENT IC-717 j~23-00 02'11P SnQlb~kQr. 6rQnncm~n & Sp 717 697 7681 P,04 P.04 ./ ~her or aulhority !Ild bave copie3 or any repDrts giVCJ110 then: !S 4 parent Such documenrs incluue, 'cut are not limite:! to, medical r~pmls, academic and school report cards a~d binh certificates. Both pa=ts may and arc encouraged to attend scb.ool confer~ncc~ 4nd aCliv;,ies. Both parent:! shall ~ listed with the schoo! as the primll1'Y individU:11s to 00 CO\lt~ctC'd III the event of an emergency and to be notified regarding school evcn!.l. However. it will be Mo(hc;"~ primary responsibility to provide Father, with copies of report cards alld aU nodfic:l.tior.s of m..1jor schoo I event~. 9. . Neither parent shull scl10dule a<:livitics or :1'Pl'CiIltlI:c::.ts for their children whic~ wou]J require thc attcndsnce or participation at said activity or appointr.'uml rlwing a lime whe~ ~~c children are scheduled to be in the physic.al custody of1he ome: parc:1t without t114: pMcms express prior approval. II. PHYSICAL CUSTODY. A. Mother ah.alI have primllry phy~ical custod.y of both T~ler and Tyl<:~, B, Father shall havc the following po::r;l,ub ofll:mpor'J.!)' phY3iClll cu,t.ody of the c~iIdrcn; 1. Alternating wellkends with Fathtll' Slaning Friday at 5:00 p.m. until Sund::) at 4:UO p.m. Father's weekend of pb.y:;ical C1l3tody shall commence Febro3l)' ~~, 200), 2. Two non~onsecutive Wl:clcs (seven days each) dlll'ing the lime collUllonJy known as !lUlllIl1l!r vacation. Father sballgivc Mothl.-r two WC1:ks priur nOlkc or his Intention to llxe.rtiS(: thcse periods of custody. Mother shall ~13o have lwo mill. consecutivc weeks during summer vacation with two weeb prior notice to Falher, ~'-~""'-'?-i, : P.OlS P.05 '~~l;f'/;.~~l!Y-:'0l0 15:43 VENATOR CROUP 1001 DEPARTMENT 10-717 q. :"'.-:.'pb_23_OO O:2.:'ll~ ST,,~'b~kQ"", B....dnncu-nat'\ & Sp 717 697 7681 - ~ ---~ }t?::::;? ~:::(.:;)' ~ -- . ;'/ I "1 1 I 1 j '; C. The parties shall have the folluwing p~riOWl ufphysical custody with their children, which shall take pteecdent over Ihe regulll'r cu:;l"dy ~ch::iul~ ~s set forth in Parai;r~ph A " j and B above: 1. 'l1l.a.nk!giving Day from 9:00 a.m. 10 5;00 p.m. ~hal1 he with Father ill cuJ . , i ,( .I I ! numbered yeaf' and with Mother in even numbered yean;. 2. Chri~ Eve from 5:00 p.m.. Dcccmbe:' 24 to Chri.tlTlas !Jay at 5:00 p.m. ~hall he wilh Mothr:r in odd nwnbered years and with Famer in even numhered years. 3. New Yes!'g Eve from 5:00 p.m, It) New Yesr's Day at 5:00 p.m. shall r.~ with Mother in ~'1en numbered y= and with Father in odd numbe::d yeafS. 4. F.a.qle:' SUllday shall be with Mother fram 9:<10 :lorn. kl 5 :00 p.m. in add o.umbc."Cd years me! with Father from 9:00 a.m. to 5:00 p.!.:l. i:i even numbered YC:!rl. I , j , .\ , , .i 5. F ourlh -of July shall be with Faihcr in even nurn b~rc:J ye~N trom 9:00 "-nl. 105:00 p.m. and with MOll,,::- in o4i numb:t':d y= from 9:00 a.m. to 5:00 p,m. 6. Labor Day shall boo wilh Moihe:- in even numben:d y~ from 9:00 a.m. \0 S:{JO p.m. ~d with Father in odd numbcrl:d years from 9:00 a.m. to 5 :00 p.m. II 7. Memorial nay shall be with Father in odd numheT~d years Irom 9:00 a.m. tp I 'i ! 5:00 p.m. and with Mother in even l1umb~ years from 9:00 a.In. lo 5:00 p.ll!. ;1 I , I i ~. 8. F.t'slJaywill bewilh Fatl=ftom 9:00 a.m. to 5:00 p.m. 9. MolhCT's Oll)'will be with Mother /i'om 9:00 a.m. to 5:00 p.m. D. Father shall have such additional periods of tempot'dI)' physicl cu.;t<ldy lIS the p:.trtiC$ shal! mutually ~ It is under.ttoad by the parties lltat t.hen:: may be times when due lo work ?I other .~ . fl!:. -i{~~L~j:ti~;' ;.". ....,-..( ";"':;.;' ':/ , 15:44 V~NATOR CROUP EDI DEPARTMENT 10-717 P.07 .~ unforeseen C'fl!1IlS that the tim, periods for custody cannm be striclly llillu.;n::.lw. E:.ch jlUI1~ sgrc:s to prnvide 1M other with DOtice. to rbe extent it is pos:sible uncle- lhe cirCUn1Sl:lOCeS, when the times ~ilicd herein ~ be striCf'~ adhered to bY the person WhCl j~ ~l h,,;,c c:J.,tCldy. III. TRANSPORTATION. 1'],., parties agree that e::tchq.; of physi<:&! custcdy of the children <hall be aT rhe Food Court of 1M Capital City Mall, which J.l<::Iuon shall b<: subjeC1lo changC:l a, lhe pll1\i.., can lD.IIt1laIly a~. .lY..J.JRDER OF COURT. This Stipulation shall become an Circler of Qlurt. ~eVaL- ruiiCthy M. W&!k.;r F31her r~/ (1. \W~ ~;~ Walk=- DIUe: 2- 2- '3 - cD Date: Z -1- '3-a? II -1-._" I I I I , ., ; I , , ., 0'__" ~v_ " . ~,L ~" .~ TIMOTHY M. WALKER, PetitionerlDefendant : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-857 TOYE J. WALKER, RespondentJP1aintiff : CIVIL ACTION -LAW : CUSTODY C:FRTlFTC:ATF OF SFRVWF I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies , the requirements of the P A Rules ofCivi1 Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as f :11' follows: .~, ':: Keith O. Brenneman, Esqnire 44 W. Main Street Mechanicsburg, PA 17055 i' ",< -,I; Date: 1 InIUrJ/ e B. Costopoulos, uire ORNEY FOR PETITIONER 1400 N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ill No. 68735 BY: ,_". ..........1 , , TOYE J. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-857 CNIL ACTION LAW TIMOTHY M. WALKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this l) ~ day of /) J-o&XY , 2001, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated March 3, 2000, incorporating a Stipulation of the parties, shall continue in effect as modified by this Order. 2. The Father shall provide at least 48 hours advance notice to the Mother in the event he is unable to exercise his right to a period of partial custody on alternating weekends or holidays. 3. The party receiving custody shall be responsible to provide transportation for all exchanges of custody under this Order or the prior Order dated March 3, 2000. Unless otherwise agreed between the parties, the exchanges of custody shall take place at the parties' residences. 4. The New Years Eve holiday shall run from New Years Eve at 5:00 p.m. through New Years Day at 5:00 p.m. The Mother shall have custody of the Children over the holiday in even numbered years and the Father shall have custody of the Children over the holiday in odd numbered years. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. . . ,,- , Ij, u; tT~'T ',: ,; ?: L :,-~ CU!\';L~"~:,:, ,~,-L:; -:~~CU>Jj'y !"'c.J'\!\J::;Yt..i \/;~,l\!i/I " " '.-, ~, .. ~'''I''''''''!'''-~~~~~' ~ , ~~EII~'l'.WI!'!'>lllllIl.~ m, _iI<<I!li!Ii~JlItI'~."..,........ ~~~ 5. During the summer vacation each year, each party shall be entitled to have custody of the Children for up to two weeks (to be scheduled either consecutively or non-consecutively) upon providing the other party with at least two weeks advance notice. 6. Counsel for either party may contact the Conciliator within 90 days of the date of this Order to schedule an additional Custody Conciliation Conference, if necessary. BY THE COURT, '~ 'fu~ flD\ J. esley Oler, cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Counsel for Mother ;~d_~ > - r ~I ~ TOYEJ. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-857 CNIL ACTION LAW TIMOTHY M. WALKER, Defendant IN CUSTODY PRIOR JUDGE: J. WesleyOler, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler S. Walker Taylor S. Walker July 16, 1994 January 21,1998 Mother Mother 2. A Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: The Father, Timothy M. Walker, with his counsel, Jeanne B. Costopoulos, Esquire and the Mother, Toye J. Walker, with her counsel, Keith O. Brenneman, Esquire. 3. In addition to other arrangements established on an informal basis at the Conference, the parties agreed to entry of an Order in the form as attached. d 7 Cfnnl I DQ~~d; Custody Conciliator