HomeMy WebLinkAbout97-00213
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GEORGE WILLIAM FORNEY,
PlalntllTlRespondent
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-213 CIVIL TERM
v,
DONNA KAY WITMER,
(formerly known as Forney)
DefendantIPetitloner
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties
and their respective counsel appear before, 1---\ Ie N I ~,\ L,
P-c\'f\ ~:.~ , Esquire, the Conciliator, on the ...G... day of",b~ ~~t
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-1'" D....Q ~M" at ?:J:J~ ;:" \'61".::,'1', I (um~ ~ \ \) .. . 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 isslles 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 the entry of a temporary
or permanent Order, Notification to the Defendant by the Prothonotary's Office is waived,
For the Court
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By cr;~~~~i1~t~!:f~met ~ \'i) 1
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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,
Date of Order: \\ \ ) \[t'\
Cumberland County Bar Association
2 Liberty A venue
Carlisle, P A 17013
(717) 249-3166
VERIFICATION
[ verify that the statements made in this Pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn
falsification to authorities,
Date: I D - 2..1 . q ~
9?J...-nhVl ~ /,} J;;,t,lA
Donna Kay Wi er, Petitioner
10/20/09 WED 09:51 FAX 717 2~0 6573 __,!;.l1MB CO PROTHONOTARY
-.-.----- --
~002
GEORGE WILLIAM FORNEY,
Plaintiff
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vs,
DONNA KAY FORNEY,
Defendant
AND NOW, this
\~ t~ day of
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 97.213 CIVIL TERM
CIVIL ACTION. LAW
CUSTODY
pRCER
M2Jt;~
, 1997, upon recaipt
of the Conciliator's Report, it appearing that the parties have agread to the terms
and provisions of this Order which was dictated in their presence and approved by
them and their counsel, it is hereby ordered and directed as follows:
1, The parties shall share legal custody of their minor child,
Tonya Marie, d.o,b. August 2, 1986,
2. Father shall have primary physical custody of the minor child
subject to periods of partial custody and visitation with Mother as
follows:
A, Alternating weekends beginning on Friday at 5:00
p,m, until Surri~" at 6:00 nm, Thi~ alternatinll weekend
schedule will begin on March 7, 1997,
B, Every Wednesday evening from alter school at 3:30
p,m, until 8:30 p.m,
10,20;00 WED 09:51 F.H 717 240 6573
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_ .__<oUMB C<L!,ROTilONOT.\RY
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3, The parties shall alternate the major holidays, those holidays
being Identified as Easter, Memorial Day, Fourth of July, Labor Day
and Thanksgiving, Mother shall have Easter in 1997, and the holidays
will alternate thereafter,
4, The parties shall share the Christmas holiday. If they cannot
agree upon times to share the holiday, the holiday will be split into two
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segments with Segment A occurring from Christmas Eve at 12:00
noon until Christmas Day at 12:00 noon, while Segment B will be
years thereafter, while Father shall have Segment A in 1998 and all
from Christmas Day at 12:00 noon until December 26th at 12:00
noon. Mother shall have Segment A in 1997 and all odd-numbered
even-numbered years thereafter.
5, Such other times as the parties may agree,
BY THE COURT,
J.
Marcus A. McKnight, III. Esquire . ~:3 J l'tl q'l,
Mrs, Donna Kay Forney, pro se -~.... .""~
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GEORGE WILLIAM FORNEY,
PlalntlffIRespondent
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-213 CIVIL TERM
v.
DONNA KAY WITMER,
(formerly known II Forney)
DefendantJPetltloner
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I. John J, Connelly, Jr" Esquire, of James, Smith, Durkin & Connclly, LLP attorney for the
Pctitioner, Donna Kay Witmer, hcreby certify that I have servcd a copy of the foregoing Petition to
Modify Existing Custody Order on the following on thc date Wld in thc mWlner indicated below:
U.S MAIL. Fllt'iT CLASS. PRE-PAID
Marcus A, McKnight Esquire
60 Wcst Pomfrct Street
Carli sic, PA 17013
JAMES, SMITH, DURKIN & CONNELLY LLP
DATE: 1[; ,,11.'n
B~ C. . )';\
John J. C;onnelly, Jr" Esquire \\
"~tomC~:t\tioner \\
Posl6 ~650 ..J
Hershey, PA 17033
(717) 533-3280
PA 1.0, No, 15615
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4.
The Respondent was involved in a serious assault with a weapon on December 27, 1996,
with her live-in boyfriend. The Petitioner is concerned regarding the welfare of the child, The
Petitioner has had custody of the child since that date.
5.
Petitioner desires primary physical custody of the child and primary legal custody with
periods of visitation to Respondent as can be mutually arranged between the parties.
6.
The best interests and permanent welfare of the child require that primary physical and
primary legal custody of the child be as provided above.
WHEREFORE, Petitioner, George William Forney, respectfully requests that he be
awarded primary physical custody and primary legal custody of the child as provided herein.
Respectfully submitted,
By:
60 West Pomfret
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Date: January
.1997
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GEORGE WILLIAM FORNEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
NO, 97-213 CIVIL TERM
DONNA KAY FORNEY,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER
AND NOW, this
\3 i~ day of
M2H~
, 1997, upon receipt
of the Conciliator's Report, it appearing that the parties have agreed to the terms
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and provisions of this Order which was dictated in their presence and approved by
them and their counsel, it is hereby ordered and directed as follows:
1, The parties shall share legal custody of their minor child,
Tonya Marie, d,o.b, August 2, 1986,
2, Father shall have primary physical custody of the minor child
subject to periods of partial custody and visitation with Mother as
follows:
A. Alternating weekends beginning on Friday at 5:00
p,m, until Sunday at 6:00 p,m, This alternating weekend
schedule will begin on March 7, 1997,
8, Every Wednesday evening from after school at 3:30
p,m. until 8:30 p,m,
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GEORGE WILLIAM FORNEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO, 97.213 CIVIL TERM
DONNA KAY FORNEY,
Defendant
CIVIL ACTION - LAW
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None,
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b). the undersigned Custody Conciliator submits the
following report:
1, The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Tonya Marie Forney
August 2, 1986
Plaintiff
2, A Conciliation Conference was held on February 27, 1997, and the
following individuals were present: the Plaintiff and his attorney, Marcus A.
McKnight, III, Esquire; the Defendant appeared pro se,
3. Items resolved by agreement: See attached Order,
4, Issues yet to be resolved: See attached Order,
5, The Plaintiff's position on custody is as follows: See attached Order,
GEORGE WILLIAM FORNEY,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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CIVIL ACTION -LAW
IN CUSTODY
vs,
NO. ')7-113 CIVIL TERM
DONNA KA Y WITMER,
(formcrly known as Forncy)
Dcfendant
OIWEI{
AND NOW, this
zs1l.
day of
J:> l-] \, -" ~ 1-' 1000, upon rcceipt of thc
Conciliator's Rcport, it appcaring that a hcaring in this mallcr is ncccssary, it is hcrcby ordcrcd
and dirccted as follows:
I, A hcaring is schcdulcd f{lr thc ,/>I ,tot, day of Q~
2000, at /: ,3tJ o'clock 1.M., in Court Room Numbcr -L of the
Cumbcrland County Courtllousc, Carlislc, Pcnnsylvania. Both partics, through
counscl, will providc cach othcr and thc court with a list of witncsscs tcn (10)
days prior to thc datc of thc hcaring along wilh a statcmcnt as to thcir cxpcctcd
tcstimony. Additionally, ooth partics will suomit thcir proposalliJr a rcsolution of
thc mattcr,
1, Pcnding said hcaring. thc partics shall coopcratc with having this casc
rcvicwcd by Stanlcy E, Schncidcr, Ed.D, Dr. Schncidcr's rolc is to intcrvicw thc
minor child to dctcrminc whcthcr or not shc has Icgitimah: reasons lilr wanting a
switch if shc in Illct docs want to switch the custodial arrangcmcnt. lie is
furthcrmorc instructed to interview the parents and their paramours to have input
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from thcm as to thcir conccrns involving any switch and conccrning any
statcmcnts that thc child may havc madc lothcm conccrning hcr dcsircs for thc
custodial arrangcmcnt.
3. Thc partics shall cqually sharc thc cost of Dr, Schncidcr's cvaluation
and shall makc arrangcmcnts dircctly with Dr, Schncidcr tiJr paymcnt of thosc
costs,
4, Pcnding said hcaring, thc cxisting Ordcr of March 13, 1997, shall
rcmain in full forcc and cffcct.
BY THE COURT,
Marcus A, McKnight, III, Esquirc
John J, Connelly, Jr" Esquirc
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the Mother's leelings, Fathcr additionally indicatcs tlmtthc child is doing wcll, is a good
student, and that his house has more structure than Mother's,
6, The Dclendant's position on custody is as I(lllows: Mothcr tilcd a Pctition tilr
Modification of Custody, Thc child is currcntly 13 ycars old, Mothcr indicatcd thatthc child
has rcpeatcdly statcd that shc wants to comc livc with hcr, Shc statcs that shc docsn't gct along
vcry wcll with Fathcr's girlfriend and that shc docs not think thatthc Fathcr addrcsscs her nccds
at this stagc in hcr lite as wcll as thc Mother can,
7, Need for scparatc counsel to rcprcscnt child(rcn): Ncithcr party rcqucstcd,
8. Nced for independcnt psychological cvaluation or counscling: Scc attached Ordcr,
9. A hcaring in this mattcr willtakc onc-Imlf day.
10, Othcr matters or commcnts: This modification involves a 13 ycar old child who
apparently has cxpressed somc dcsircs with Mothcr to movc with hcr Irom hcr Fathcr's
rcsidencc, The partics, to their crcdit, did agrec to involvc Dr. Stan Icy Schncidcr to try to find
out hcr rcasons for wanting to Icavc, if shc in fact docs want to Icavc, Ilopcfully through
Dr, Schncider, thc casc can bc rcsolvcd.
Ifthc casc is not rcsolvcd and a hcaring is ncccssary, thc Court will havc to dctcrminc
whethcr or not thc child has Icgitimatc rcasons lilr wanting to Icavc thc I'athcr and movc with
Mothcr, Apparcntly thc child is doing wcll acadcmically and attcnds thc Mcchanicsburg School
District. Ifthc child movcs to Mothcr's rcsidencc, she will havc to go to Cumbcrland Valley
School District. Consequently. in the Conciliator's rcvicw, a sl"itch, if appropriate. should
GEORGE WILLIAM
FORNEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LA W
DONNA KAY WITMER
(formerly known as
Forney),
Defendant
NO. 97-213 CIVIL TERM
\
ORDER OF COURT
AND NOW, this2? ~y of April, 2000, upon relation of Marcus A. McKnight, III,
Esq,. attorney for Plaintiff, that a stipulation has been entered in this matter, the hearing
previously scheduled for April 28, 2000, is cancellcd,
BY THE COURT,
Marcus A, McKnight, III, Esq.
60 W, Pomfret Street
Carlisle, P A ] 70 13
Attorney for Plaintiff
John J, Connelly, Jr" Esq,
108-112 Walnut Street
Harrisburg, P A 1710 I
Attorney for Defendant
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GEORGE WILLIAM FORNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97-213CIVIL TERM
DONNA KAY WITMER,
(formcrly known as Forney)
Defcndant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
I'
AND NOW, this \ l..l( day of -VIA ) 1
, 2000, based upon an agreement of the
parties and Stipulation attached hereto, thc following Ordcr is entered:
Thc partics shall enjoy shared legal custody of thc minor child, Tonya Marie Forney, born
August 2, 1986, with primary physical custody in thc DcfcndantIMothcr, Donna Kay Witmcr,
subjcct to the partial custody rights ofthc PlaintifflFathcr, Gcorgc William Forney, as follows:
I, Altcmating weckends bcginning April 28, 2000 from Friday at 5:00 p,m, until
Sunday at 6:00 p,m.
2, Each Thursday cvcning from aftcr school at 3:30 p,m. until 8:30 p,m, Thc weckday
3, The partics shall altcrnatc thc following major holidays: Easter, Mcmorial Day,
schcdule shall begin on May 4, 2000.
Fourth of July, Labor Day and Thanksgiving, Mothcr shall havc thc Eastcr holiday in 2000.
4. The parties shall sharc thc Christmas holiday as follows:
Scgmcnt A shall bc from Christmas Evc at 12:00 Noon until Christmas Day at
12:00 Noon and Scgmcnt B shall bc from Christmas Day at 12:00 Noon until Dcccmbcr 26, at
12:00 Noon, Fathcr shall havc Scgmcnt A in 2000,
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5, During Father's periods of partial custody, he shall be rcsponsiblc for transporting
the ehild to any schcdulcd evcnts or activities.
6. Mother shall transport thc child to and from Fathcr's residcnce for his pcriods of
partial custody,
BY THE COURT:
7, Such other times as the parties may agree,
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-213CIVIL TERM
GEORGE WILLIAM FORNEY,
Plaintiff
DONNA KAY WITMER,
(fonnerly known as Forney)
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY STIPULATION
WHEREAS, George William Forney is the natural father of Tonya Marie Forney, born
August 2, 1986; and
WHEREAS, Donna Kay Witmer is the natural mother of Tony a Marie Forney; and
WHEREAS, George William Forney is represented by Marcus A. McKnight, III, Esquire,
and Donna Kay Witmer is represented by John J, Connelly, Jr" Esquire; and
WHEREAS, it is the desire of the parties to enter into the following Custody Stipulation,
NOW THEREFORE, the parties mutually agree as follows:
The parties shall enjoy shared legal custody of the minor child, Tonya Marie Forney, born
August 2, 1986, with primary physical custody in the DefendantIMother, Donna Kay Witmer,
subject to the partial custody rights of the Plaintiff/Father, George William Forney, as follows:
1. Alternating weekends beginning April 28, 2000 from Friday at 5:00 p.m, until
Sunday at 6:00 p.m,
2, Each Thursday evening from after sehool at 3:30 p.m, until 8:30 p.m, The weekday
schedule shall begin on May 4, 2000,
3, The parties shall altcmatc thc following major holidays: Eastcr, Mcmorial Day,
Fourth of July, Labor Day and Thanksgiving, Mothcr shall have thc Eastcr holiday in 2000,
,
4, The partics shall share thc Christmas holiday as follows:
Segment A shall be from Christmas Evc at ] 2:00 Noon until Christmas Day at
12:00 Noon and Scgment B shall bc from Christmas Day at 12:00 Noon until Decembcr 26, at
12:00 Noon, Father shall have Segmcnt A in 2000,
5, During Father's pcriods of partial custody, he shall bc rcsponsiblc for transporting
the child to any schedulcd events or activities,
6, Mothcr shall transport thc child to and from Father's rcsidcncc for his pcriods of
partial custody,
7, Such othcr times as thc partics may agrcc,
WHEREFORE, the partics hcrcto set forth thcir signaturcs intending to bc legally bound,
WITNESSES:
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Gcorgc W: am Fomcy
SY-O"nAV' ~ lJJd~'\
Donna Kay Witmer
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GEORGE WILLIAM FORNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v,
: NO. 97-2\3CIVIL TERM
DONNA KAY WITMER,
(fonnerly known as Forney)
Defendant
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: CIVIL ACTION - LAW
: IN CUSTODY
, ,
ORDER OF COURT
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AND NOW, this \ 2.ll day of --lM ) l
, 2000, based upon an agreement of the
parties and Stipulation attached hereto, the following Order is entered:
The parties shall enjoy shared legal custody of the minor child, Tonya Marie Forney, born
August 2, 1986, with primary physical custody in the DefendantIMother, Donna Kay Witmer,
subject to the partial custody rights of the Plaintiff/Father, George William Forney, as follows:
1. Alternating weekends beginning April 28, 2000 from Friday at 5:00 p,m, until
Sunday at 6:00 p,m,
2, Each Thursday evening from after school at 3:30 p,m, until 8:30 p,m, The weekday
schedule shall begin on May 4, 2000.
3, The parties shall alternate the following major holidays: Easter. Memorial Day,
Fourth of July, Labor Day and Thanksgiving, Mother shall have the Easter holiday in 2000,
4, The parties shall share the Christmas holiday as follows:
Segment A shall be from Christmas Eve at 12:00 Noon until Christmas Day at
12:00 Noon and Segment B shall be from Christmas Day at 12:00 Noon until December 26, at
12:00 Noon, Father shall have Segment A in 2000,
GEORGE WILLIAM FORNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-213CIVIL TERM
v.
DONNA KAY WITMER,
(formerly known as Forney)
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY STIPULATION
WHEREAS, Gcorge William Forney is thc natural fathcr of Tonya Marie Forney, born
August 2, 1986; and
WHEREAS, Donna Kay Witmer is thc natural mother of Tonya Marie Forney; and
WHEREAS, George William Fomcy is rcprcsented by Marcus A, McKnight, III, Esquire,
and Donna Kay Witmer is representcd by John J, Connelly, Jr., Esquire; and
WHEREAS, it is thc desirc of the parties to cntcr into thc following Custody Stipulation,
NOW THEREFORE, the parties mutually agree as follows:
The partics shall cnjoy sharcd lcgal custody ofthc minor child, Tonya Maric Forney, born
August 2, 1986, with primary physical custody in thc DefendantIMothcr, Donna Kay Witmer,
subject to the partial custody rights ofthc PlaintifTfFather, Gcorgc William Fomcy, as follows:
I, Altcmating wcckcnds bcginning April 28, 2000 from Friday at 5:00 p,m. until
Sunday at 6:00 p.m.
2, Each Thursday cvcning from after school at 3:30 p,m, until 8:30 p,m, Thc wcckday
schcdule shall bcgin on May 4, 2000,
3. The partics shall alternate the following major holidays: Easter, Memorial Day,
Fourth of July, Labor Day and Thanksgiving, Mother shall have the Eastcr holiday in 2000,
4, The partics shall share thc Christmas holiday as follows:
Segment A shall be from Christmas Eve at 12:00 Noon until Christmas Day at
12:00 Noon and Segment B shall be from Christmas Day at 12:00 Noon until December 26, at
12:00 Noon, Father shall have Segment A in 2000,
5, During Father's periods of partial custody, hc shall be responsible for transporting
the child to any scheduled events or activities,
6, Mother shall transport the child to and from Father's residence for his periods of
partial custody,
7, Such other times as the partics may agrcc,
WHEREFORE, the parties hcreto set forth their signatures intending to be legally bound.
WITNESSES:
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Georgc W: am Forney
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Donna Kay Witmer
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