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HomeMy WebLinkAbout01-5664MELANIE T WHITE, CHARLES V. WHITE, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : CUSTODY/VISITATION : NO. 01- 3"(, ~, ~f CIVIL TERM 17065. 17013. COMPLAINT FOR CUSTODY 1. The Plaintiff is Melanie T. White, residing at 5 Midland Drive, Mt. Holly Springs, Pennsylvania 2. The Defendant is Charles V. White, residing at 515 Thronwood Lane, Carlisle, Pennsylvania NAME Kelsey B. N. White Laurel B. L. White 3. Plaintiff seeks custody ofthe following children: RESIDENCE DOB AGE 5 Midland Drive Mt Holly Springs, PA 17065 9/17/89 12 years 5 Midland Drive Mt. Holly Springs, PA 17065 9/23/95 6 years NAME Melanie and Charles White Melanie White Charles White 4. The children were not bom out of wedlock. 5. The children are presently in the custody of Melanie T. White. 6. During his life, the child has resided with the following persons and at the following addresses: ADDRESS DATES 801 North College Street Carlisle, PA 9/89 to 4/00 5 Midland Drive Mt Holly Springs, PA 4/00 to Present 515 Thomwood Lane Carlisle, PA 4/00 to Present 7. The mother of the child is Melanie T. White, currently residing at 5 Midland Drive, Mt. Holly Springs, Pennsylvania 17065. She is unmamed. 8. The father of the child is Charles V. White, currently residing at 515 Thomwood Lane, Carlisle, Pennsylvania 17013. He is tmmamed 9. The relationship of the Plamtiffto the child is that of mother. The Plaintiff currently resides with the following persons: Todd Jewell, boyfriend. 10. The relatiouship of the Defendant to the children is that of father. The Defendant currently resides with the following persons: his parents. 11. Plamtiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceodmg concerning the children pending m a court of this Commonwealth. 13. Plaintiff does not lmow ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiffhas undertaken and performed the primary parental responsibilities for the child; and B. Plaintiffis best able to provide the care and nurture which the child needs for healthy development; and C. A Court Order of custody and structured visitation is desired so that the Plaintiffand the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion D. Plaintiffdesires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. E. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to Plaintiff subject to structured partial custody by the Defendant pending the hearing. Paul Bradi~rd ~rr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: tO/ , ~ i, ~2' ,o[,~,' , , Mel~tni4 T."White k MELANIE T. WHITE PLAINTIFF : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-5664 CIVIL ACTIONLAW CHARLES V. WHITE DEFENDANT : IN CUSTODY AND NOW, Thursday, October 04, 2001 , upon considerahon of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 31, 2001 at 8:30 AM 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: /s/ ]acaueline M. Vernev. Esa. 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 heating 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 MELANIE T. WHITE, CHARLES V. WHITE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIV1L ACTION - LAW : CUSTODY/VISITATION : NO. 01-5664 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 2Nv day of October, 2001, I Paul Bradford Orr, Esquire, attorney for Melanie White, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Defendant's mother on September 29, 2001 indicating service was effected, is marked Exhibit "A', attached hereto and made a part hereof. '~ahl Bradford ~)~r.,JE~quire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 71786 · Complete items 1, 2, and 3. Also complete Item~f Restricted Deliver/is desired. · ~ your name and address on the reverse 4o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. A. Received by (P~ese Print Clea~y) Delivery D~t D. Is belivay address different fiom item 1 ? [] Yes If YES, enter delive~ address below: [] No ~ Certified Mail [] Express Mail [] Registered ~ Return Rec~pt for Merchandise [] tr~umd Mail i"l C.O.D. L EXHIBIT "A" COUNTY -,~NNSYLVAN!A NOV '1 5 MELANIE T. WHITE, Plaintiff VS. CHARLES V. WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL DIVISION - LAW : : NO. 2001-5664 CIVIL TERM : : IN CUSTODY ORDER OF COURT Il_, AND NOW, this ~ day of~ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Melanie T. White, and the Father, Charles V. White, shall have shared legal custody of Kelsey B. N. White, bom September 17, 1989, and Laurel B. L. White, bom September 23, 1995. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the children. The Father shall have custody of the children on alternating weekends as follows: The Father will pickup Kelsey and Laurel on Friday at 5:00 p.m. and will be dropped off Kelsey and Laurel at the Mother's residence at 6:00 p.m. on Tuesday. On the opposite weekend the Father will pickup Kelsey and Laurel at the Mother's residence on Sunday at 7:00 p.m. and the Mother will pickup the children at the Father's residence at 6:00 p.m. on Wednesday. The holiday schedule can be modified upon mutual agreement. supersede and take precedence over the regular custody schedule. having custody of the Children on holidays as follows: The holiday schedule shall' The parties shall alternate Christmas: Christmas holiday will be divided into Segment A that begins on the day school recesses for the Christmas holiday to Christmas Day at 2:00 p.m., and Segment B, which begins on Christmas Day at 2:00 p.m. and ends on December 27 at 8:00 p.m. The Mother shall have custody of the children during Segment B in even numbered years and Segment A in odd numbered years. The Father shall have custody of the children during Segment B in odd numbered years and Segment A in even numbered years. New Year's: New Year's holiday will be divided into Segment A which begins on New Year's Eve at 6:00 p.m. and ends on New Year's Day at 12:00 noon, and Segment B, which begins on New Year's Day at 12:00 noon and ends on January 2 at 7:30 p.m. The Mother shall have custody of the children during Segment A in even numbered years and Segment B in odd numbered years. The Father shall have custody of the children during Segment B in even numbered years and Segment A in odd numbered years. The year is determined on December 31. c. Alternating holidays: The parties shall alternate having custody on the following holidays: Memorial Day, July 4th, and Labor Day. d. Split holidays: The parties shall split the following holidays as follows: Thanksgiving and Easter (9 a.m. to 2 p.m. or 2 p.m. to 8:30 p.m.) e. Mother's Day/Father's Day: The Mother shall have custody of the children every year for Mother's Day and the Father shall have custody of the children every year on Father's Day. Extensions: The Mother recognizes that the Father has out of state relatives and agrees to extend the holiday schedule upon mutual agreement. In the absence of mutual agreement, the terms of the holiday schedule shall control. Each party shall be entitled to have summer periods of extended custody with the children for four weeks each year with no more than fourteen (14) consecutive days unless extended by mutual agreement to the number of consecutive days. Each party shall provide the other with at least thirty days (30) advance notice of their intent to exercise such custody. Each party shall inform the other party of the destination and a phone number where the children can be reached if one is available. 6. Each party shall provide prompt notice to the other party of any emergencies that arise in connection with the children while they are in their custody. 7. For exchanges of custody, all adults shall conduct the exchange in a cooperative and civil manner with concern for the children's well being. Both parties pledge to refrain from doing or saying anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Both parties will share all information regarding the children's school and social events. Any correspondence regarding these events will be shared by both parties, including, but not limited to report cards, interim reports, notices of open houses and school events. 10. The Mother shall inform the Father of any medical conditions, recommended treatments, treatments and medical care of the children (including all doctor visits). 11. The Mother and Father agree to share the transportation of the children to each other's respective homes as agreed upon and needed. 12. In the event the Mother cannot provide care for the children for more than 24 hours, the Father will be given the right of first refusal with respect to caring for the children when the Mother is not available because of work or otherwise. 13. In the event the Mother or Father is unable to exercise a planned period of custody, the Mother or Father shall provide at least twenty-four (24) hours advance notice of the cancellation to the other parent whenever possible. The Mother and Father will mutually agree upon alternative visitation arrangements. 14. The parties may agree to additional visitation times and overnight stays by mutual agreement. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TH~ cc: Paul Bradford Orr, Esquire, counsel for Mother John W. Purcell, Esquire, counsel for Father MELANIE T. WHITE, Plaintiff V. CHARLES V. WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : NO. 2001-5664 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None 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 conceming the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey B. N. White Laurel B. L. White September 17, 1989 Mother September 23, 1995 Mother 2. A Conciliation Conference was held on November 14, 2001 with the following individuals in attendance: The Mother, Melanie T. White, with her counsel, Paul Bradford Orr, Esquire, and the Father, Charles V. White, with his counsel, John W. Purcell, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. [[ - Date ey, Esquire Custody Conciliator *ii :C ~'!d O~AON I0