HomeMy WebLinkAbout97-02526
\
i
I
I
on
"7
I
4:
3
\
,.,.'"
\
!
J
.'
M.;!
.....'.
~""
..0'\.
/~
~
J
&;
* IY \ 0(-, G \....x\l \)Gr ("
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
* \'X:bC:)f nh l ~o,j(d \.)Oc ("
Defendant
:CIVIL ACTION - LAr.,
.
;NO. )':,;~)(..::) CIVIL
:CUSTODY/VISI-TATION
19'n
ORDER OF COURT
AND NOr." this (date) ~:~ J H WI 1, upon consideration of the
attached complaint, it is hereby directed that the pa~ties and
their respective counsel ,.appear ,iJefor:e -\ c' [, ,l r -,,' ( 'Q"
the conciliator, at ';,',-' ,', \ ':,1 '\ ,:,1- ,i ( ';~ 1-'
on the :.:,(" day of " k JC,("" ., 1 Cr] , at L, G
p, M., for a Prehearing 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. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference 'may provide
grounds for entry of a temporary or pe:rmanent order.
FOR THE COURT:
By: JI,t:. hnl0.......J 'Frt I'q.:\(Nl""
Custody Conc~l~ator \ ~b, 'i '
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
F' --:;\ ,"'--,,,,-
CO: '. ,I..:. '"< -::~':'~;I 1
, ,n(
n7 ,.., I.' '".
'J I, .. I ',...')
. - ,,; ,;. :~L
~'.
j)L ,", ' " . .
'.' ".1,_,', \, ... \
..5:I?'~7 ad, t!~ m~$ 127/ ck6?~1
$,l?-o// ;/ Hc~ --n!ti4:! ~ 1#.
....1"/14) {~ :f2k~/";" 'J1/. yj7~ ~.
I
:
BRIAN G. WALBORN, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . No.
.
.
" .
., DEBORAH L. WALBORN, CIVIL ACTION - AT LAW
I
;i Defendant CUSTODY
,
,
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
,
flaw to comply with the Americans with Disabilities Act of 1990.
i
jFOr information about accessible facilities and reasonable
,iaccommodations 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.
FOR THE COURT:
Custody Conciliator
DATED:
:1
I
I
I
IBRIAN G. WALBORN,
Plaintiff
I
!I
:,,'1' DEBORAH L. WALBORN,
Defendant
~ I
!I
'I
;1
:1
'I
I
I
,
,
I attorney, Jeanne B. Wigbels, Esquire, files this Complaint for
I
"Custody against the Defendant, Deborah L. Walborn, and in support
I thereof, avers the following:
I
I
I
,
land the natural Father, who currently resides at 251 E. Crestwood
I
,IDrive, Apt. B1, Camp Hill, Cumberland County, Pennsylvania 17011.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
No.
:
CIVIL ACTION - AT LAW
CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, the Plaintiff, Brian G. Walborn, by and through his
1.
The Plaintiff is Brian G. Walborn, an adult individual
2. The Defendant is Deborah L. Walborn, an adult individual
and the natural Mother, the current residence of whom is unknown.
: Her last known mailing address was 10 Cumberland Estate Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Plaintiff seeks custody, partial custody, and/or
,visitation of the following child:
Na~
Present Address
Aqe
Erica Nicole Walborn
251 E. Crestwood Drive
Apt. B1
Camp Hill, PA 17011
5
(12115/91 )
The child was not born out of wedlock.
I
I
,
I
I
I
I
I
,I
I
!
I Walborn, the child's natural Father, who currently reside
I
:!crestwood Drive, Apt.
II Pennsylvania 17011.
'I
,I
"
4.
The child is
presently
in
the custody of Brian G.
at 251 E.
B1,
Hill,
Camp
Cumberland
County,
5.
Since birth, the child has resided with the following
, persons at the following addresses:
Name
Address
Dates
Brian Walborn
Deborah Walborn
Deborah's boyfriend
251 E. Crestwood Drive
Apt. BI
Camp Hill, PA 17011
3401 Brightwood Lane 1/93 to 2/9/95
Woodbridge, VA 22193
(and other unknown addresses)
2/9/95 to
present
i:
.Brian Walborn
I i Deborah Walborn
'i
7483 Furnace Bridge Rd. 4/92 to 1/93
Apt. C
Glen Burnie, Maryland
',Brian Walborn
'Deborah Walborn
19 Pheasant Court 12!15/91 to 3/92
Mechanicsburg, PA 17055
6. The natural Mother of the child is Deborah Walborn,
Defendant, the current residence of whom is unknown.
Her last
known mailing address was 10 Cumberland Estate Road, Mechanicsburg,
,Cumberland County, Pennsylvania 17055. The Mother is divorced from
the Father and is not believed to have remarried.
7. The natural Father of the child is Brian Walborn,
Plaintiff, who currently resides with the subject child at 251 E.
Crestwood Drive,
Apt.
B1,
Camp Hill,
Cumberland County,
Pennsylvania 17011. The Father is divorced from the Mother and has
not remarried.
B. An Agreed Order of Custody was previously entered by the
Juvenile and Domestic Relations District Court of Prince william
i County, Virginia, at Case No. J-51313. A copy of that Order is
attached as Exhibit A. Other than the above, the Plaintiff has 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.
9. The Plaintiff has no information of a custody proceeding
concerning the child currently pending in any court of this
: Commonwealth.
10. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the child or claims to
I
have physical custody or visitation rights with respect to the
,i child.
"
11. The best interests and permanent welfare of the child
I
will be served by granting the relief requested becauRel
a). The Plaintiff will continue to provide the child
with a home with adequate moral, emotional, and physical
surroundings as required to meet the child's needs;
b). The Plaintiff is willing to continue custody of
the child;
c). The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the child.
d). The Defendant does not have a permanent place of
residence and cannot provide for the needs of the child.
12. Each parent whose parental rights to the child have not
been terminated has been named as a party to this action. No othor
persons are known to have or claim a right to custody or visitation
I
~ of the child.
WHEREFORE, the Plaintiff respectfully requests this Honorable
. Court to enter an Order granting custody of the child to the
I
,Plaintiff and natural Father, Brian Walborn, in accordance with any
Stipulation of the parties, or in the event the parties are unable
,to execute such a Stipulation, to enter an Order granting custody,
.'
ipartial custody, or visitation of the child to the Plaintiff.
Respectfully submitted:
DATED:
}ffN;z
,
r A /'.,(,' u
J nne B. Wigbels, Esquire
Law Offices of Patrick F. Lauer, Jr.
210B Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
PA Supreme Ct. ID No. 68735
Phone: (717) 763-1BOO
ATTORNEY FOR PLAINTIFF
$l.llo$(fLIQ.I.l,.6IJ"f'\.Y ~'!M1lJ:IO
Exhibit A
110111
VIRGINI'A:
IN THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
OF PRINCE WILLIAM COUNTY
INRE:
Custody of
ERICA NICOLE WALBORN
)
AGREED ORDER OF CUSTODY
CAME this 29th day of March 1995, the Petitioner, Brian G. Walborn, by counsel,
upon his Petition for an Order granting him sole custody of his infant daughter, Erica
Nicole Walborn; and it appearing to the Court that the Parties are in agreement as
evidenced by the signatures of counsel hereto it is hereby
ADJUDGED, ORDERED and DECREED that:
(I) Petitioner and Respondent shall share joint legal custody of Erica, with
\
Petitioner as the primary custodial parent and Erica principally residing with the Petitioner,
Brian G, Walborn; PROVIDED, HOWEVER that in the event of either Party's death,
custody shall automatically vest with the other. and in the event Petitioner sustains a
significant and long-tenn disability rendering him incapable of caring for Erica, then
custody shall automatically vest in Respondent, Deborah L Walborn.
Although Petitioner has primary physical ;;Gi;t~ of Erica, and shall have \. g..
authority to make routine decisions regarding her welfare, he agrees to consult with
Respondent on non routine decisions (to be defined as those decisions with a greater than a
day to day effect, including but not limited to, such matters as surgery, major medical
treatment and selection of schools) with a view to arriving at a hannonious policy
calculated to promote the best interest of Erica, If a dispute arises as to any matters
regarding Erica, then Petitioner may exercise final detennination subject to review of a
court of competent jurisdiction,
(2) In the event that the respondent resides within a four (4) hour radius (to be
. l"e..i<~(e.
defined as time of travel in an automobile from one reai~eRt to the other) of the Petitioner's
residence, Respondent shall be entitled to exercise visitation with Erica subject to the
following schedule and subject to respondent establishing a pennanent place of residence
with adequate accommodations for the child lie: a residency established in the home of a
I' Ii 'I b ~\..~I""'rl'\. ~..I-\}t\. r.".I....;f........~4"
re alive or ann y mem er:'" )
A. Such rights of visitation shall include every other weekend; four: (4)
weeks during the summer months and holidays according to the schedule set out below.
B. The weekend visitation shall begin between 5:30 p,m. and 6:30 p,m,
on Friday, at which time the Respondent shall pick up Erica from the Petitioner's residence;
and the weekend visitation shalltenninate between 7:00 p,m, and 8:00 p,m, on Sunday, at
. which time the Respondent shall transport Erica to the Petitioner's residence,
C, En.skr - The Petitioner shall have Erica for Easter (to be defined as
commencing at 7:00 p.m, on the last day of school before Easter Sunday and ending at 7:00
p,m. on the last day of vacation before school reconvenes) in even years and the
Respondent shall have Erica for Easter in odd years. The vacation period shall be
detennined by reference to the school calendar for the public school system in which Erica
resides. Transportation shall be as agreed upon by the Parties.
'=-)~
4V
0, Thanks~ivin~ - The Respondent shall have Erica for Thanksgiving
(to be defined as commencing at 7':00 p,m, on the last day of school before Thanksgiving ~
2
Day and ending at 7:00 p,m, on the last day of vacation before school reconvenes) in even
years and the Petitioner shall have Erica for Thanksgi ving in odd years, The vacation period
shall be detennined by reference to the school calendar for the public school system in
which Erica resides, Transportation shall be as agreed upon by the Parties,
E, Christmas - The Parties shall equally divide the Christmas holiday
(to be defined as the period of time during which Erica is on vacation from school). In even
years, the respondent shall have Erica during the first half of the Christmas holiday and the
Petitioner shall have Erica during the second half of the Christmas holiday, In odd years,
the arrangement shall be reversed, The vacation period shall be detennined by reference to
the school calendar for the public school system in which Erica resides, Transportation
shall be as agreed upon by the Parties,
F. Summer Vacation - In each year in which Respondent resides within
, a four (4) hour radius of the Petitioner's residence, each Party shall be entitled to twenty-
eight (28) days of uninterrupted time during the summer with Erica for the purpose of
,
exercising a vacation, The Parties agree that said period of time shall be taken in two (2)
non-consecutive two-week periods, In odd years, the Respondent shall notify the Petitioner
of her summer vacation on or before May I sl. On or before May 15th in odd years, the
Petitioner shall notify the Respondent of his summer vacation. This arrangement shall be
reversed in even years, Transportation shall be as agreed upon by the Parties,
G. Notwithstanding the foregoing, in each year, the Respondent shall
be entitled to have Erica on Mother's Day; and the Petitioner shall be entitled to have Erica
on Father's Day, Transportation shall be as agreed upon by the Parties,
3
H. In each year, the Parties will make every reasonable effort to insure
that each Party has time with the child for the purpose of celebrating her birthday.
I. If the holiday/summer vacation schedule set forth in the paragraphs
above conflicts with the weekend visitation schedule set forth above, then the
holiday/summer vacation schedule shall control.
(3) In the event that the Respondent resides outside ofa four (4) hour radius of the
Petitioner's residence, Respondent shall be entitled to full and liberal visitation as agreed to
between the Parties, Such visitation shall include but not be limited to the following, but
commencement of visitation shall be subject to Respondent establishing a pennanent place
of residence with adequate accommodations for the Childfl."~ (;1,183, a residency ~
established in the home of a relative or family member.sa-Jkuml'l) "itk tkis retmpnt; . 0
5\......\\ 1..""1'\~ ,,";~4-I.i) ~"-'I.....,.o..J
Easter - The Petitioner shall have Erica for Easter (to be defined as
.
commencing at 7~0 p.m, on the last day of school before Easter Sunday and ending at 7:00
A,
~
p,m. on the last day of vacation before school reconvenes) in even years and the
Respondent shall have Erica for Easter in odd years, The vacation period shall be
detennined by reference to the school calendar for the public school system in which Erica
resides. The cost of transportation shall be borne by the Respondent and Respondent shall
ensure that whatever arrangements are made for transportation of the child are made and
paid for in advance, including specifically payment in advance for transportation to return
the child to Petitioner following the end of the visitations period, i ~ ~ -~ r" ~ \... \.<".... ~ ~
-,'0 11~ "",-<........,> e.u....... ~"'-"'- "'~\....,.oM.C'\..\\~. '\
4
, B, Thanksl:ivinl: " The Respondent shall have Erica for Thanksgiving
(to be defined as commencing at 7:00 p,m. on the last day of school before Thanksgiving
Day and ending at 7:00 p.m. on the last day of vacation before school reconvenes) in even
years and the Petitioner shall have Erica for Thanksgiving in odd years. The vacation period
shall be determined by reference to the school calendar for the public school system in
which Erica resides The cost of transportation shall be borne by the Respondent and
Respondent shall ensure that whatever arrangements are made for transportation of the
ehild are made and paid for in advance, including specifically payment in advance for
transportation to return the child to Petitioner following the end of the visitations period, i~
-4-.-~"fo(k\....;",\ ',\. \'1 ,,^-(..c...M.~ ,,:),..1.......4..........u......J........\.:?\~
C, Christmas" The Parties shall equally divide the Christmas holiday
(to be defined as the period of time during which Erica is on vacation from school), In even
years, the Respondent shall have Erica during the first half of the Christmas holiday and the
Petitioner shall have Erica during the second half of the Christmas holiday, In odd years,
, the arrangement shall be reversed, The vacation period shall be determined by reference to
the school calendar for the public school system in which Erica resides. The cost of
.
transportation shall be borne by the Respondent and Respondent shall ensure that whatever
arrangements are made for transportation of the child are made and paid for in advance,
including specifically payment in advance for transportation to return the child to Petitioner
following the end of the visitations period1',I: ~ "-- ,. f .. ( \. "- ~ 0",- '.s \, J ""'.......... ~ (\
t~....... d--t......... <<..........\..0 ",",-o\"'" \ ca . ~I\'.J
0, Summer Vacation" In each year in which the Respondent resides
outside of a four (4) hour radius of the Petitioner's residence, the Respondent shall be
entitled to five (5) weeks of swnmer visitation with Erica. The cost of transportation shall
be borne by the Respondent and Respondent shall ensure that whatever arrangements are
5
if)
BRIAN G. WALBORN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO, 97-2526 CIVIL TERM
DEBORAH L. WALBORN.
Defendant
CIVIL ACTION - LAW
CUSTODY /VISIT A TION
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
Erica Nicole Walborn
December 15, 1991
Plaintiff
2, A Conciliation Conference was held on July 24, 1997, and the following
individuals were present: the Plaintiff and his attorney, Jeanne Wigbells, Esquire;
the Defendant appeared with her attorney, Leslie Scherr, Esquire.
3, Items resolved by agreement: None.
4, Issues yet to be resolved: An ultimate custody and visitation schedule,
5, The Plaintiff's position on custody is as follows: Plaintiff indicates that
he has been operating under an agreed upon Order of Custody dated March 29,
1995, which was entered in Prince William County, Virginia, The child has resided
in Cumberland County. He filed a custody action to confirm the jurisdiction of
Pennsylvania and wanted to continue to proceed on the existing order.
6, The Defendant's position on custody is as follows: Defendant believes
that the jurisdiction should remain in Virginia, She also alleged that Plaintiff has
violated the prior order, Apparently there is an action filed in Virginia to modify the
Order requesting a transfer of custody based upon this alleged contempt of the
existing Order as well as a contempt proceeding against Plaintiff,
7, Need for separate counsel to represent child(renl: Neither party
requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary,
9. A hearing in this matter will take one,half day.
10. Other matters or comments: This is a case concerning jurisdiction. The
basic facts are that the child has resided here for two years and that the parties
have been operating under an Order that was entered in Virginia in 1995, The
child, however, has resided primarily in Pennsylvania for the last two years,
Date: August 1, 1997
r/
(~C
,
./
ichael L. Bangs
Custody Conciliator
(jAUG 0 4 1997
~IJ(:HAEL I.. RANGS
A"I'OII:\El' AT I.AW
August 1, 1997
:1112 SOI:1'II IHTII STIIH;r . CMtr 1111,1. I'A 171111
l'1I0:\E 717-7:\II.nlU
FAX 717-7:\II-7:n.\
Richard J. Pierce, Court Administrator
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
RE: Walborn v. Walborn
No. 97-2526 Civil Term
Dear Rick:
The above case involves an initial question of jurisdiction. Therefore, it
needs to be assigned to a judge for disposition of that issue alone. If the court
determines that Pennsylvania should assume jurisdiction, then it can be referred
back through the conciliation process,
I believe that there is a competing action filed in Virginia which is to be heard
the first week of October. Therefore, it may be best to try to schedule a hearing on
the jurisdiction issue as quickly as possible so that the parties can determine
whether or not they need to litigate the enforcement issues that have been filed in
Virginia.
vv~~m
Michael L. Bangs
wsc
Enclosure
BRIAN G. WALBORN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DEBORAH L. WALBORN,
Defendant
NO. 97-2526 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of December, 1997, it appearing that
the Virginia Court has declined jurisdiction in this case and that
the above-captioned motion is being referred to the custody
conciliation process, the hearing scheduled in this court for
December 11, 1997, is CANCELLED.
BY THE COURT,
Jeanne B. Wigbels, Esq.
Law Office of
Patrick F. Lauer, Jr., Esq.
2108 Market Street
Aztec Building
Camp Hill, PA 17011
Attorney for Plaintiff
Leslie Scherr, Esq.
815 Connecticut Avenue, N.W.
Suite 500
Washington, D.C. 20006-4004
/Ouk..'t: m~1 l'<c/, duel G.'f,rs
/{'I2.~7L{y G,u",..u 1~J.j/92
Deborah L. Walborn
10 Cumberland Estate Road
Mechanicsburg, PA 17055
Defendant, Pro Se
:rc
I:
BRIAN G. WALBORN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS.
: No. 97-2526 CIVIL TERM
DEBORAH L. WALBORN,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER
You, Deborah L. Walborn, Defendant in the above-captioned
custody action, have been sued in court to obtain custody of the
following child:
Erica Nicole Walborn.
You are ordered to appear in person at
on the
day of
1997,
at
.M. for
a Conciliation or Mediation Conference.
a Pre-Trial Conference.
a Hearing before the Court.
If you fail to appear as provided by this Order, an Order for
custody may be entered against you, or the Court may issue a
warrant for your arrest.
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.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNi'Y COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 170lJ
(717) 240-6200
BRIAN G. WALBORN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 97-2526 CIVIL TERM
vs.
DEBORAH L. WALBORN,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
MEMORANDUM OF LAW REGARDING JURISDICTION
AND NOW, the Plaintiff, Brian G. Walborn, by and through his
attorney, Jeanne B. Wigbels, Esquire, files this Memorandum
I. FACTUAL BACKGROUND
On March 25, 1995, an agreed Order of Custody was entered in
Prin-:e Williams County, Virginia.
The Virginia Order granted
primary physical custody to Brian G. Walborn, Plaintiff in the
instant action, who resided in Pennsylvania at the time the order
was entered. Since that time, the child has continued to reside
with Plaintiff in Pennsylvania. On May 12, 1997, Plaintiff filed
a Complaint for Custody in Cumberland County at the above term and
docket. A conciliation conference was held on July 24, 1997 before
Michael L. Bangs, Custody Conciliator. Since the Defendant opposed
jurisdiction in Pennsylvania, an order was entered on August 5,
1997, directing a hearing to be echeduled on December 11, 1997.
Since that time, the Juvenile and Domestic Relations Court of
Prince William County, Virginia, entered an order dismissing a
custody petition filed by Deborah L. Walborn, Plaintiff in the
instant action, for lack of jurisdiction. See Exhibit A.
II. ISSUE
IjOI.~-1l-:~9,;" 11:5':0
(QiFTCII ::. WLIIICi
703494 2103 P,C2-03
VIRGINIA:
IN THE JUVENILE AND DOMESTIC RELA nONS COURT OF
PRINCE WILLIAM COUNTY
TN RE: Erica Nicole Walborn
)
)
Case ~o_
J51313
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
THIS CAUSE came before the Court upon the motion of Respondent. Brian
Walborn, by counsel, requesUllg this Court dismiss the pefition for custody of lite minor
child at issue herein since a petition relatir.!l to the custody of this child i. 1\ml was
previously pcndine before an appropriate court in Pennsylvania where Respondent
resides \\llb the minor child. or in the lIllernafive, for the Court to !IIake a finding that the
'I
Pennsylvania court is the more appropriate forum to detennine the cu~tody uf said child;
-'
and
IT APPEARING TO the Court lh"1 respondent l~ had custody of said child
pursuant to " consent decree entered by this Court on March 29. 1995 lInd has resided
Wilh 111~ chil,I in the state ofP~nnsylvarja since that time and that Clll action rciatini: to the
custody 0: said child is presently pendius in the state of Pennsylvania, and upon the
Court's inquiries to the Court in Pennsylvania where the custody actiull is pending, that
Pennsylvania is the more convenient forum to detennine the custody of the child at issue;
it is therefore
ADJUDGED, ORDERED AND DECREED, that th:s Court declines jurisdiction
to hear this matter 011 lh: basis of the maner being pendin~ before n coun of competent
,'...."''''...-
BRIAN 0. WALBORN.
Plaintiff
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYL VANIA
)
)
)
)
)
DEBORAH L. WIMBERLY (WALBORN) )
Delcndant )
)
vs.
NO. 97-2526 CIVIL TERM
CIVIL ACTION - LA W
CUSTODYIVISIT ATION
JUDGE PREVIOUSLY ASSIGNED: The Ilonorable J. Wesley Oler. Jr.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE I9l5.3-8(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
Erica Nicole Walborn
December 15. 1991
Plaintiff
2. A Conciliation Conference was held on January 22. 1998. and the following
individuals were present: the PlaintitTand his attorney. Jeanne' Wigbells. Esquire; the
Defendant appeared with her attorney. Cindy Koser. Esquire.
3. Items resolved by agreement: None.
4. Issues yet to be resolved: An ultimate custody schedule.
5. The Plaintin's position on custody is as lil110WS: Father has been the primary
custodial parent of the parties' minor child. Erica. who is now six years old. since February of
1995. Thc partics Imvc bccn opcrating undcr an (lrdcr that thcy agrccd upon in Virginia which
csscntially providcs Mothcr with cvcry othcr wcckcnd and cxtcndcd timc over thc summer. He
belicvcs that schcdulc is in thc bcst intcrcst of his daughtcr and should rcmain.
6. Thc Dcfcndant's position on custody is as lill1ows: Mothcr bclicves that the existing
schedule should bc changcd bccausc shc has a changc in circumstanccs. Shc is rcmarried and
now is not working outsidc of thc homc. This is not duc to an additional child under her care but
beeause of the economic circumstances that exist bctwecn hcr and hcr ncw husband. She
believes that it is bctter for Erica to bc with her in Fairfax County primarily sincc she is able to
be at home for Erica. She believes that Erica is bounced around too much in the existing
schedulc because of Father's work schedule which occasionally rcquires him to work on the
wcekcnds and the evenings. When Father is working. thc child's grandparents watch her.
7. Need for separate counsel to represcnt child(ren): Ncither party requested.
8. Need for independent psychological cvaluation or counseling: None rcquested and the
Conciliator docs not belicve any is ncccssary.
9. A hearing in this mattcr will take onc day.
10. Other matters or commcnts: Thc Court originally rcvicwed this casc on the basis of
jurisdiction. Howcvcr, thc Court waitcd until Virginia madc a dccision as to whcther or not they
would retain jurisdiction. Virginia dctcnllincd that thc jurisdiction should bc in Pcnnsylvania as
a rcsult ofthc fact that thc child has lived hcrc ti,r somc timc.
Thc partics have bccn opcrating undcr an Ordcr lrom Virginia whcrcby Fathcr has
primary physical custody and r-.lothcr has thc child cvery othcr \\cckcnd and lilr lilur wccks 0\'Cr
vs
No. 97 - 2526
Civil Term
BRIAN G WALBORN.
Plaintifr
IN THE COURT OF COMMON PLEAS OF
CUMBERl.AND COUNTY. PENNSYLVANIA
DEBORAH WIMBERLY
tka DEBORAH L WALBOR:'\.
Defendant
. CIVIL ACTION - LAW
. CUSTODYIVISIT A TlON
AND NOW, this
upon consideration
ORDER
2.. CJ H., ~!~y of _~~, 1998,
of the attached Petition, this matter is
continued generally, T~e heari~g scheduled fcc April 30, 1998 is
canceled.
Upon written request of either party, withi~ thirty (30)
days of the date of this o~der, this ~atter ~ay again he
presented for consideration.
BY TEE COU~l:
1JiL'?U~
f.;I::')<~,-i'!C'::
CO: "'" -. "':"'Rf
C'1 'c-' "':1 ,~; !:J' I Q
.\;}. '.. Ii.. H' ..
CUI"..,. .' ~:'::Y
r[\':: .<....:"
~~
\3'" '
~'1
ut
"t
4
F=
,- .:")
L- r::
/
to::: "
&-
tJJc. i~ .~
--' ..'
( I ~.::: l.j ~:~
r~';.' .1
.J..' - -
~j';' 0..
c. ~-j
2~;~ rr:;) .
'" '1 .
-' (. ~.
cr.!';: c--: . '\<-,
.L L.
t' 00:. p.i:
w. -.
0 ro ::-,
'" 0
BRIAN G. WALBORN.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs
No, 97 - 2526
Civil Term
DEBORAH WIMBERLY
tka DEBORAH L WALBORN,
Defendant
. CIVIL ACTION - LAW
, CUSTODYIVISITATION
ORDER
AND NOW, this _.?tl.,day of
.:r\.Vll""
, 1998,
upon consideration of the attached STI?U~ATION FOR AN AGREED
ORDER OF CUSTODY, it is hereby ORDERED that the terms and
conditions of the attached StlPuia:ion are adopted in their
entirety and incorporated herein by reference as if set forth at
length and are ha~eby ~ade a~ c~d~~ ~~ ~his ::~r:.
,.,.,..-.
..... J.:-!:"
"
BRIAN G. WALBORN.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
VS,
No 97 - 2526
Civil Term
DEBORAH WIMBERLY
tka DEBORAH L. WALBORN.
Defendal:t
, CIVIL ACTION - LAW
. cUSTODYIVISITATION
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, having reached agreement as to the
best interest of their daughter, Erica Nicole Walborn, hereby
stipulate and agree as follows:
1. The parties shall continue to share joint legal custody
of Erica, consul:ing with one another on all major decisions
affecting their daughter. If a dispute arises as to any matters
regarding Erica, the primary custodial parent may exercise final
determination subject to review of a court of competent
jurisdiction.
2. Primary custody shall be with Mother, Deborah L.
Wimberly, effective the end of the 1997-98 school year. If the
first weekend following the last day of the school year is
Mother's regularly scheduled weekend, primary custody will
transfer to Mother on Friday evening when she picks up Erica. If
the first weekeni following the last day of the school year is
Father's weekend. Father will deliver Srica tc Mother's residence
on Sunday evening between 7:00 p.m. and 8:00 p,m.
3. Father, Brian G. \~alborn, is entitled to partial
custody every other weekend from 5:30 p.m. on Friday until 8:00
p.m. on Sunday.
..
4. The parties agree to the following schedule for
holidays and vacations, and further agree that this schedule
takes precedence over the regular weekend schedule.
(a) Easter - Easter vacation, commencing at 7:00 p.m. on the
last day of school before Easter Sunday and ending at
7:00 p.m. on the last day of vacation before school
reconven~s, shall be with Father every year.
(b) Mother's Day - Mother shall be entitled to have Erica
every year on Mother's Day.
(c) Father's Day - Father shall be entitled to have Erica
every year on Father's Day.
(d) Thanksgiving - Thanksaiving vacation, commencing at 7:00
p.m. on the last day of school before Thanksgiving Day
and ending at 7:00 p.m. on the last day of vacation
before school reconvenes, shall be with Father in all
even years and with Mother in all odd years,
(e) Erica's birthday - The parties will make every
reasonable effort to insure that each party has time with
Erica for the purpose of celebrating her birthday.
(f) Christmas - Christmas vacation, commencing the last day
of school before Christmas Day and ending at 7:00 p.m. on
the last day of vacation before school reconvenes, will
be divided equally between the parties. Mother shall
have the first half and Father shall have the second half
in all even years. Father shall have the first half and
Mother shall have the second half in all odd years.
(g) Summer Vacation - t~other is entitled to twenty-eight
days of t:ninterrupted t imp \-lith Erica during the summer
for the purpose of vacation. The parties agree that this
time shall be taken in two (2) non-consecutive two-week
periods. Father shall be entitled to forty-two days of
uninterrupted time wit!: Erica during the summer for the
purpose of vacation. The parties agree that this time
may be taken as Father's wo~k schedule permits, provided
that no period exceeds two weeks, and sufficient time
remains fo~ Mother to enjoy her two (2) two-week periods.
In all even years, Father may notify Mother of his
vacation plans on or before May 1 ' and Mother shall
notify Father of her vacation plans on or before May 15".
In all odd years, Mother shall notify Father of her
vacation plans on or hefore May l' . Once Mother's
vacation schedule has been determined, Father is free to
schedule his vacation time with Erica as his work
schedule permits. Mother will make every effort to
accommodate Father's schedule. However, if Mother has
made prior plans, such plans prevail unless Father
provides a minimum of t~o weeks notice of his vacation
plans.
5. Transportation - The responsibility for transportation
shall be shared by the parties with Mother providing
transportation for every third trip and Father providing the
balance of the transportation.
6. When Erica has schoolwork or nrojects she is working on
for school or ex~ra-curric~ldr activities, she will take the
necessary books and supplies with her when visiting Father in
order that Father may participntP in sllch nctivities with he~.
7. \'1hen EricE! is "it!! nL? penty, the other party shall
have the ri'Jht to teleplwne dnli s"ea~: \1ith Erica at all
i
I
i
i '. VI ~
I .' .-) .
-J . - ..=t:
11J' J.. '1
' ,. :,,2
f€) ., - -:--1:
I'... '-,,\-j
t
]l; .'s::
.1' "(I)
r,~' )"
.'.
1..J r'z
, .;11J,J
Le. ,
'" , j Ll. 4
. .:>
m ::l
<.. m 0
F