The URL can be used to link to this page

Home My WebLink About00-03559 ,~ ~" '" ~, ~,~,..;.,; '-~ -, ~ . TIMOTIIY E, WHARY PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA C, WHARY 2000-3559 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 19th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 23rd day of August ,2000, at3:00 PM 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 defme 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: Isl Dawn S, Sunday_ Esq,tP 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. AI! 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 ATIORNEY AT ONCE, IF YOU DO NOT HAVE AN ATIORNEY 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 "..",""" - ~~- - ~c>>.#J t:!- c:>>.aJ ~<,;w .CJt1 . , ,'" I~,'.t ~;,: \ h ", \ \ \ ~,\ .-, \ I I"' I': ,,) , . GU ..Je"i',c, f_'~ ." ,', ,- '''''\J''F~ C' \iI:",:l~-'-)' ::1'-4',) "-/,),, I \Jli'\JE.N\~\S'i\)1 ;,\-')'\1\ cJ.~~~~ 1!~ ,~~ ~ ~~~~ ~ ~ ~" ...~~~",' ~,!i!!Ii'l~!ffii'1fiJ;;:--!1!lllf-1~~l1il1",,,,,~l,.~'~i\;l:\ll'l~ .. ~!"AA$'iW~.N~~~~ _ ~ ~'"""'''~~ -~ - "~'~, ,10_ ,,- ~', "" "" '~. Jo TIMOTHY E. WHARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO, OO-.JS~? CI'u;(T~ CIVIL ACTION - LAW IN CUSTODY Plaintiff' vs. BARBARA C. WHARY Defendant ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby appear on the directed that the parties and their before respective counsel , the Conciliator, day of at the office of , 2000, at o'clock _.M., , Cumberland County, Carlisle, Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, BY: Custody Conciliator DATE OF ORDER: YOU SHOULD TAKE THIS 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 Ave. Carlisle, PA 17013 Telephone: (800) 990-9108 ~~ ~"- ^ TIMOTHY E. WHARY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. ()(J - 355"'1 vs. BARBARA C. WHARY Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is TIMOTHY E. WHARY' residing at 28 pine Street, Millersburg, Pennsylvania, Dauphin County, Pennsylvania, 17061. 2. The Defendant is BARBARA C. WHARY ,residing at 4725 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. plaintiff seeks custody of the following child: Name Kaicee J. Whary Present Residence 4725 E. Trindle Rd. Mechanicsburg,PA 17055 Aqe 3 The child was born in wedlock. The child is presently in the custody of BARBARA C. WHARY, who resides at 4725 E. Trindle Rd. Mechanicsburg Pennsylvania, Cumberland County, Pennsylvania. During the lifetime of the child, she has resided with the following persons at the following addresses: Name Address Date Timothy E. Whary Barbara C. Whary 4725 E. Trindle Rd. 11/96-present Mechanicsburg, PA 17055 The mother of the child is BARBARA C. WHARY ,who currently resides at 4725 E. Trindle Rd. Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania. ,~- -. - - __l.-," The father of the child is TIMOTHY E. WHARY, who currently resides at 28 pine St. Millersburg, Pennsylvania, Dauphin County, Pennsylvania. 4. The relationship of plaintiff to the child is that of natural father; the Plaintiff currently resides with the following persons: Name Relationship June Whary Delmar Whary Mother Father 5. The relationship of Defendant to the child is that of natural mother; the Defendant currently resides with the following persons: Name Relationship Kaicee J. Whary Brandon J. Keller Daughter Stepson 6. A custody action has been previously filed in this Court at Docket Number 00-1657 (Civil Action) for the custody of the minor child herein-named. An Order, dated May 23, 2000, was entered by this Court granting primary physical custody to the Defendant, BARBARA WEARY. 7. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child, or claims to have custody or visitation rights with respect to the child, 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a.) Plaintiff is the primary caretaker of child since birth. -"" 9. Each parent whose parental rights to the child has 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 custody of the child to him, ----= -- -- ~~~ DATED: --=:;;::;-J.~ , , <,~~ ~,~ , , , . ' VERIFICATION I verify that the statements made in this 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. ~~~~ Timothy E. Whary , Plaintiff ~",e (, "loot) Date: J I " . ~,. ~ ~ . ~ I:llt"-,'",j, " ...: ~ ~ " ". TIMOTHY E. WHARY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 2000-3559 BARBARA C. WHARY Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jeffrey B. Engle, Attorney for Plaintiff, hereby certify that on this 10th day of July, 2000, a true and correct copy of the foregoing Order and Complaint for Custody was served by means of United States mail, first class, postage prepaid, upon the following: Emily Long Hoffman, Esquire 105 North Front Street Harrisburg, PA 17108 ~.L , 1-, ~. . ~ _,i. - ~. TIMarHY E. WHARY, : IN THE mURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-3559 CIVIL TERM . . . BARBARA C. WHARY, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aIDER OF COURT (ptL upon consideration of the attached ordered and directed as follows: day of CUstOdy 5t"'fit..-,L cJ , 2000, Conc liation Report, it is 1\ND NCW, this 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by the Father. The purpose of the evaluation shall be to obtain independent professional recormnedations concerning custody arrangements which will best serve the interests of the Child. The Father shall pay all costs of the evaluation initially subject to his right to seek partial reimbursement from the Mother through the Court after the conclusion of the evaluation. 2. Within two months after receipt of the evaluator's recOlml1endations, in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements for the Child, counsel for either party may contact the Conciliator to schedule an additional CUstOdy Conciliation Conference. 3. Pending further order of Court or agreement of the parties, the prior order of this Court dated May 23, 2000 shall continue in effect. BY THE mURT, J cc: Jeffrey B. Engle, Esquire - Couns for Father Emily tong Hoffman, Esquire - Counsel for Mother 'J~ 0l:P if ~<<~ ~_ ,~,' ,1 I ... ~ -',",- " , , ~I"" ':':':TAHY DD ~::EP 1 P;,] :1: ~~3 Cl "il','J:, ',:, ,'!:Li" rrv Jl~ \."',..., il--, "',,,J _~!\"J :~ I I P"'IN-'/L:\"'''I' CI\ 1 '0', h~r\j i-\ . -, "- '" '''''~. ""'~,,-' .~ -~-"~., ~". ""'lUll -, .' /~:Ih.,.,>"" "I) T!l,lJ~, _ _4lIlIl1~~~I:!ll~fl!!>'''''''''"_ ^. It'!ii,~ ~,,_"~"""""'!l"""""~h""l__l,_ " . ",,"r , lifll , '_:l!liII '11--~\ J . . ~ TIMarHY E. WHARY, Plaintiff : IN THE OOURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 00-3559 CIVIL TERM . . BARBARA C. WHARY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRICR JUDGE: Edward E. Guido , ClJSTODY <rNCILiATICN SlJMMARY REPCRT IN AcroRDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN ClJSTODY OF Kaicee J. Whary November 5, 1996 Mother 2. A Conciliation Conference was held on August 23, 2000, with the following individuals in attendance: The Father, Timothy E. Whary, with his counsel, Jeffrey B. Engle, Esquire, and the Mother, Barbara C. Whary, with her counsel, Emily Hoffman, Esquire. I;' 3. The parties agreed to entry of an Order in the form as attached. Date Av 8MJ1 d ~ dax) Dafn~ Custody Conciliator