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HomeMy WebLinkAbout00-01520 MAR 1 6 zooatf DARRIN JOHN WALLS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - }5.uJ CIVIL TERM : CIVIL ACTION - LAW DEBRA LEA WALLS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this \ \ day of March, 2000, upon consideration of the attached Petition, it is hereby directed that the parties 3lld their respective counsel appear before \\..ter..\'j:.G\('~-, Esquire, Custody Conciliator, at~1:: L\-\-liI~/~'f\cr-M()J\\.(~}..\...... on ~<{,..u, of (~(Y' 1 C ,2000, at -' b~~D o'clock lL.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 3lld 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:.J\t~'IC"i\~ '\[ . ~&~)fu ' , Esqm '~" Custody Conciliator cc: James J. Kayer, Esquire S Attorney for Plaintiff ~ ~ 3/d3/0tJ Debra Lea Walls, Pro Se Defendant '" I' ~~Il_11__ii1'"Ill_dl[" '-, -~~~JIj',P.i>l'tL>f~~~~;"""i'<l-=1l"i!w.k,.c.>j:]~"""'- ,-~ c~_~~ -..~ 3 ;as .O&, .11 .'~IL". ~~iIJII!gl'U ~ .~, .,' "1. .'" FII m.(H'CE OF T,F:' f'p0:T'!OI\!OTARY 00 M~R 23 PH 2: 21 CUM&RlJ\N.D CQUN1Y PENNSYLVANIA . ~~~?Y.4~ " " YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, P A 17013 (717) 243-7922 .. . DARRIN JOHN WALLS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - /5.,2A.> CIVIL TERM : CIVIL ACTION - LAW DEBRA LEA WALLS, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Darrin John Walls, by and through his attorney, James J. Kayer, Esquire and who does hereby aver as follows: 1. Plaintiff is Darrin John Walls, an adult individual, residing at 1504 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Debra Lea Walls, an adult individual, whose current address is RD #3, Box 78, New Florence, Westmoreland County, Pennsylvania, 15944. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Jesse G. Walls, RD#3, Box 78 New Florence, PA, born October I, 1988. Christopher J. Walls, RD#3, Box 78, New Florence, PA, born July 13, 1991. Darrin L. Walls, RD#3, Box 78, New Florence, PA, born April 27, 1995. The children were born in wedlock. The children are presently in the shared custody of the mother, Debra Lea Walls. During the past five years, the children have resided with the following person( s) at the below address( es): September I, 1994 to October I, 1995: With mother and father at 248 Walnut Bottom Road, Carlisle, PA 17013 ',I P', ~~ """, ,? -" ~ J October I, 1995 to March I, 1998: With mother and father at 310 N. Baltimore Avenue, Mt. Holly Springs, PA 17065. March I, 1998 to February 15,2000: With both parents at1504 Terrace Avenue, Carlisle, PA 17013 February 15,2000 to Present: With mother at RD#3, Box 78, New Florence, PA 15944. 4. The mother of the children is Debra Lea Walls, RD#3, Box 78, New Florence, Westmoreland County Pennsylvania, 15944. She is married. 5. The father of the children is Darrin John Walls, residing at 1504 Terrace Avenue, Carlisle, Cumberland County, P A, 17013. He is married. 6. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following person(s): Name None Relationship 7. The relationship of the defendant to the children is that of mother. The Defendant currently resides with children and the following person(s): Name Relationship Unknown 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 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 the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting shared physical custody of the children to the both parties, as this arrangement will foster significant contact between the children and both parents. 10. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, names 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: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody ofthe children to Plaintiff. Respectfully submitted, '1 'I W_~!" . r'-, "I' , ~ . VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made ill this document and to the extent that it is based upon information which I have given to my counsel, it is 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 are made subject to the penalties of 18 P A. C.S. s 4904, relating to unsworn falsification to authorities. Date: 3 /3 ,2000 ~ () W~ / !' ,-, JUN 2 2 200~ DARRIN JOHN WALLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DEBRA LEA WALLS, Defendant NO. 2000 - 1520 CIVIL IN CUSTODY COURT ORDER r,;r AND NOW, this ;) I day of June, 2000, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy, Esquire Custody Conciliator "f,'7 , 0' 0' ",,<,,_= _, " ,-": _ 1'_" " o' - ____~ ,~~- .._ ~_, ~ ,~ , ,-. ~ " . ,,~- ~. -, ~~ '." " '''"'- _in4;~illlolr,...l~ . {.,;".,t;llii11 ~ '-_'_~'.~""'~,}".w.; " ~ ' F\lED-Of\'\GE 0>' TWr. "'\X,1' ''''.'Q".&tl\! . ,',.,. ,\i,~,\1\)p~.I\I"\l'"'\1 00 JI.lN 21 pr\ 31 \ S CUMBERLfI,\\!O couNN I'ENNS'lLVAN\l\ -"-",, <'-',., . '."-,,, JUll 7 2~ DARRIN JOHN WALLS Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.2000 - 1520 : CIVIL ACTION - LAW CIVIL TERM DEBRA LEA WALLS, Respondent : IN CUSTODY ORDER OF COURT AND NOW, this A day of July, 2000 it is decreed that the Stipulation and Agreement for Custody and Partial Custody has been executed by the parties named above shall be made an Order of this Court. This Court shall maintain jurisdiction in this matter. cc: James J. Kayer, Esquire Ronald Chicka, Esquire J. c~ -flU 7-1't-QO ~){.s ~~tlilliJlllli~'f11I~~!lf!jj_!l~!.libml'l>_i.."tlli!Jtii<;'''~clJ:liWilli__L--'''l1i.lI~l ~ 'jJ&~ -, """ - tifr"r '-'. ~ ..' -~ ,- ~ --~ , ~ ~... c ,,", '''- FIt r::n ~'~I' '-'( 7' -",--\<.~~:t{~~~I, ... '.il)r,VIY GO ,III' .L 19 PI' .., , ,) oJ.' 21. CUi"'. . . vlt~;,:::ht,r,\I.'" P6V;VSYLVA~t~UNTY ..,. ..." :'1 I I i I .. \ . STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, DARRIN J. WALLS, by and through his attorney, James J. Kayer, Esquire, 3lld DEBRA L. WALLS, by and through her attorney, Ronald L. Chicka, Esquire, who do stipulate and agree upon the following: 1. DARRIN J. WALLS and DEBRA L. WALLS are the natural parents of three minor children, JESSE G. WALLS. bom October 1,1988, CHRISTOPHERJ. WALLS, born July 13,1991 AND DARRIN L WALLS, born April 27, 1995. 2. Primary physical custody of the minor children, JESSE G. WALLS, CHRISTOPHER J. WALLS AND DARRIN L WALLS, shall be placed in the mother, DEBRA L. WALLS. 3. The parties shall have shared legal custody of the minor children, JESSE G. WALLS, CHRISTOPHER J. WALLS AND DARRIN L WALLS. 4. The father, DARRIN J. WALLS, shall have certain rights of partial physical custody of the minor children. Father shall have the children the first weekend of each month (defined as commencing on the first Friday in the month), July 7, 2000 at 7:00 p.m. until the following Sunday, July 9, 2000 at 7:00 p.m., and shall also have the minor children on one other weekend each month for the same days and hours. This second weekend of partial physical custody shall occur as the father chooses so long as he provides the mother at least one week notice of his intention to utilize this second weekend each month. 5. Father shall have partial physical custody of the minor children on Father's Day. Mother.shall have physical custody of the minor children on Mother's Day. 6. Father shall have partial physical custody of the minor children on alternating holidays beginning with Labor Day, 2000, from 7:00 p.m. the evening prior to the holiday until 7:00 p.m. on the holiday. The holidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day. On those holidays that ,- -"'-, ,'. . , represent a "three day weekend", if the father is exercising his period of weekend custody on the holiday weekend, he will be allowed to extend his period of partial physical custody to incorporate the holiday as well. 7. Father shall have partial physical custody of the minor children on the Friday or Saturday following Thanksgiving as the parties may agree. 8. Father shall have partial physical custody of the minor children for the Christmas holiday from 7;00 p.m. on Christma~ Day until 7:00 p.m. on December 29 each year. 9. Father shall have partial physical custody of the minor children at other times as may be mutually agreed upon between the parties. 10. Mother shall not unreasonably withhold rights of visitation or temporary physical custody. 11. The parties shall share transportation responsibilities for custody tr311sfers. All transfers shall occur at an agreed upon location off of the Breezewood exit of the Pennsylvania Tumpike, unless otherwise agreed upon by the parties. 12. Father shall have partial physical custody of the minor children each summer for a period three non-consecutive weeks of his choosing so long as he provides the mother with at least three weeks notice of each of his nominated weeks. For the summer of2000, this notice provision shall not be enforced against the father due to the timing ofthe execution ofthis agreement. 13. The parties agree and anticipate that this Agreement for Custody and Visitation may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 14. The parties do hereby stipulate 3lld agree that they waive their respective rights to be present in court at the time an order is made pursuant to this Agreement for Custody and Visitation. . . . IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and JJJ'1 day ofltinf, 2000. seals intending to be legally bound hereby this [o.u, ~, , '-. ,-- . -'" ~ (l (;J~ DARRIN J. WArts ~'->~W~ DEBRA L. WALLS j, ,. ? " - DARRIN JOHN WALLS Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.2000 - 1520 : CIVIL ACTION - LAW CIVIL TERM DEBRA LEA WALLS, Respondent : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of recor Date: 6 1~llo / I y-/ Please enter my appearance as counsel of reco~~'1Plaintiff. Date: ., h-a 10\ - ',,~ .- , .1 . " . - ,~ '"" ... PETER J. RUSSO, ESQUIRE Supreme Court 10: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 -1520 CIVIL DARRIN JOHN WALLS Plaintiff DEBRA LEA WALLS, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I. Melissa M. Mehaffey, hereby certify that I am on this day serving a copy ofthe PRAECIPE TO WITHDRAWAL AND ENTRY OF APPEARANCE upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Debra Lea Walls RD#3 Box 78 New Florence, PA 15944 Date: 7 -} 3-01 rl'~,,,,~- "~7"_ , ~ I I!lIM!W!lI~~'lm~!I!.......... ~_ ,,~~ ,.- ... c ~,:;":; --'! c~-. .' :;'_\ t~_, ",' ~~~,,~ . l~~i'i&1""'~_~'11'1~"!f'i'~'I'\f'~~~!',-WW"I""~1"!,,,;m-'~"';F"i#>!r J;~;<')I,p:";:~~~I",8)l!r-~,.,.,T~,""''''''1''!'''-~<'~''"''''''''~'1'Ii'\!jlI~!l!I'''''!ill!l!l\liil"'