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HomeMy WebLinkAbout97-00506 Patricia Wagner, Pl il i nt 1 f f IN THE COURT OF COMMON PLEAS OF v . CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-~)CIVIL TERM Rick L. Wagner, Defendilnt CUSTODY 'pJ:Tl I I.ON_ FOfLSPECl.AL RE;LJ E;F The petitioner by and through her attorney, Joan Carey, of Legal Services, Inc., represents t 11e following: 1. The plaintiff, Piltricia Wilgner, hereinafter referred to as the mother, resides at 4D 30 Stephen Road, Camp Hill, Pennsylvania. 2. The defendilnt, Rick L. Wagner, hereinafter referred to as the father, resides at 990A Limekiln Road, York, Pennsylvania. 3. The parties are the parents of Ricki Wilgner (DOB: 1/13/92) and Tara Wagner (DOB: 1/20/91). 4. On January 3D, 1997, a Complaint for Custody was filed in the above-cilptioned matter by the mother and a conciliation conference will be scheduled. 5. Legal Services staff has contacted Gerald Shekletski of Stone, LaFaver, and Stone as to the filing of this Petition and Complaint. Attorney Shekletski has not been formally retained by the father. 6, The mother's Petition should be granted for reasons including, but not limited to, the following: a. The mother has been the primary caretaker of the child, Ricki Wagner, since birth, and is in a position to continue to provide for the child's needs, including a stable environment with the mother and the child's sibling. b. When the mothl~r ;111()wpd Rl~~_I.i W"Qrler' to t8mporarily stay with tlw filth,}r, tt1U fn'h", con~>i,;tently refused to permit the mother to see her c.hild at the agreed upon times. The mother had to physically remove the child from the father's care in order to see her, and is now afraid that if she allows the child to return to the father without a court order, she will once again be unable to see her child. d. When the mother !'"turned Ricki Wagner to hI'; custody after being with the father for approximately one month, the child's personality had changed drastically, such that she had become disagreeable, uncooperative, and alienated from the mother. 7. The mother desi "es a court order grant ing her primary physical custody subject to partial physical custody in the father so that the situation regarding custody of the child, Ricki Wagner, will be stabilized, the father's harassment of her regarding the return of the child to him will cease, and the father's manipulation of the child will also cease. 8. The mother's Petition regarding Tara Wagner should be granted for reasons lncluding, but not limited to, the following: a. The mother has been the primary caretaker of the child since birth and is in a position to continue to pro'lide for the child's needs, including a stable environment with the mother and the child's sibling. b. To the best of the plaintiff's I'nowledge, the father does not contest that the mother have primary physical cllstody of the Chlld. Patricia Wagner and 40 30 Stephen Road 4/96 to 12/96 Tara Wagner Camp Hi 11, PA Rick L. Wagner and 990A L imeh i 1n Road 12/96 to 1/97 Donna Wa9ner Yorh, PA Patricia l'Iagner and 40 30 Stephen Roaej 1/97 to present Tara Wagner Camp Hi 11, PA During Tara \'/agnel" s 1 i fet ime, she has resided wi th the following persons and at the following addr'esses: Name Address Patricia Wagner, 1; S. F i 1 ber t Street Rick L. Wagne t', and Mechanicsburg, PA Ricki l'Iagner Patricia Wagner, dO 30 Stephen Road Rick L. l'Iagne r, and Camp Hi 11, PA Ricki Wagner Patricia Wagner and 40 30 Stephen Road Ricki Wagner Camp Hi 11, PA Patricia Wagner 40 30 Stephen Road Camp Hi 11, PA Patricia Wagner and 40 30 Stephen Road Ricki Wagner Camp Hi 11, PA Date t/91 to 1/94 1/94 to 4/96 4/96 to 12/96 12/96 to 1/37 1/97 to present The mother of the children is Patricia Wa9ner, currently residing at 40 30 Stephen Road, Camp Hill, Pennsylvania. She is divorced. The father of the children is Rick L. Wagner, currently I'esiding at 990A Limehlln Road, York, Pennsy1vallla. He is married. 4. The re1atlonsllip of plaint iff to the children is that of mother. b. In or about December of 1996, when the plaintiff allowed tho child to temporarily stay with the defendant, the defendant consistently refused to permit the plaintiff to see her child at the agreed upon times. The plaintiff had to physically remove the child from the defendant's care in order to see her, and is now afraid that if she allows the child to return to the defendant without a court order, she will once again be unable to see her child. d. When the plaintiff returned the child to her custody after being with the defendant for approximately one month, the child's personality had changed drastically, such that she had become disagreeable, uncooperative, and alienated from the plaintiff, 10. The best lnterest a.,d permanent welfare of the chl1d, Tara Wagner. will be served by granting the relief requested for reasons including, but not 11mited to, the following: a. The plaintiff has been the primary caretaker of the child since birth, and is in a position to continue to provide for the child's needs, including a stable environment with the plaintiff and the chl1d's slbling. b. To the best of the plaintiff's knowledge, the defendant does not contest that the plaintiff have primary physical custody of the ~hild. 11. tach Pilrent whos'l parental tight,. to the child have not be'ln terminated and th,. pet'CiOn who has physical custody of tile child ha'lf! bpell n.~tmpd as par.t1f.'S to this action. t , ," The ahn\'c-nHlIIl'd plaintiff. I'atrieijl W;q~l1l'r \' I: r if i I:S t hll t tile statements lIlade in the ahU\'l' j'olllplilinl arl' trut' ilnd correct Thl: plaintiff' urllil:rstal1'h that falsI: statl:lIIl:nts hl:rl:in IIrl' lIIadl: suhject tn the pl'"alties of IS i'a,C',S, ~ 4'11)4 rl:lating tll unsworn falsification to allthl1ritil's, na t C : j:~l-:g] __ __,_, ~W~- i'atricia Wagner: 4I1;I-iKi-iff t " \ ~ I , ! day. e. The parties shall share the following holidays, the mother having the chi ldren unt i 1 from 8:00 a.m. to 2:00 p.m., and the father having tbe children from 2:00 p.m. until 8:00 p.m.: Easter, Thanksgiving, Memorial Day, the Fourth of July, and Labor Day. f, The father shall have the right to see the children on their birthdays at a time to be agreed upon by the parties. g. The fatber and mother shall have the children for one week each summer to include two weekends. The part ies shall give each other at least two weeks not ice as to when the period of summer custody will take place. 2. The mother and father, by mutual agreement, may vary from this schedule at any time. 3. The mother and father shall notify eacb other of all medical care the children receives while in that parent's care. Each parent shall notify the other" immediately of medical emergencies which arise while the children are in that parent's care. 4. The parties realize that their children's well being is paramount to any differences they might have between themselves, Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or JUN / 0 /997-Ur PATRICIA WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW : RICK L. WAGNER, :NO. 97-506 CIVIL TERM Defendant :IN CUSTODY COURT ORDER -I-~ AND NOW, this Y day of June, 1997, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction.