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HomeMy WebLinkAbout97-03624 '~ .J \ :-1 ::,. ..... "_!.J ~ 1 \J"_I , , r,\ on -e- '~ ~. rv-. tn, ) . -J --. , --., ~ .n -:-:-s -'j t. 1 - 1t " I , ~ i::( ~ --.:.' J "- . \ '. " \ .:i . '" \'- "-.J - '. ~ 1 t-.l -J ';) ~ ...:, ...., ~ I . l;) ~ :::f--'" ~r, ~ ~ , ' ) ~ .., li~ t.:iou ;J..:I <- ..:1= >. ~.. ~E uS -- C!:< ~ ll.O "\IIlII''' I, I \I I Il. .Ill, \tlullln 0111.1'" ;"~ \, ,,~,'I "11', I , t\".',!"., 0:", II 1\ I . I" il ",00 .: c r--- 0 tI.l .- - QC _:::!<O'(- ~'5 c.; M :;aJ=~ :e~=;: ClO N 0..- 0< E t:. .... U I' ""I ' :~~ HARRY WILBER, Plaintiff vs. . IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYLVANIA : No.Q7-3C,2'-f . CIVIL TERM . . . : CIVIL ACTION - AT LAW . CUSTODY . ROBYN A. WILBER/MARTIN, Defendant ORDER OF COURT AND NOW, this '?; day of ' \ ) \ '1 ,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ['r)\~n ,~, ~~I\-I t='''i~' the conciliator, at Ylw,I'4clI,\ \\.,M(d'('I\\\\h..lj, on the ,:} \ day of /\, 'CJ~)~ -\- ,l997 at .9', D:) C\ .m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By:.--L l - Custody Conciliator YOU SHOULD TAlill 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 COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~ , , HARRY WILBER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VS. . No. CIVIL TERM . . . ROBYN A. WILBER/MARTIN, . CIVIL ACTION - AT LAW . Defendant : CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 hearing or business before the court. You must attend the scheduled conference or hearing. HARRY WILBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 17- 3hJ..t CIVIL TERM . . vs. . . . . ROBYN A. WILBER MARTIN, Defendant : CIVIL ACTION - AT LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, the Plaintiff, Harry Wilber, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody against the Defendant, Robyn A. Wilber Martin, and avers the following in support thereof: I. The Plaintiff is Harry Wilber, an adult individual and the natural Father, who currently resides at 110 Front street, Shiremanstown, PA Cumberland County, Pennsylvania l7011. 2. The Defendant is Robyn A. Wilber Martin, an adult individual and the natural Mother, who currently resides at 156 West 4th Street, Lewistown, Mifflin County, Pennsylvania 17044. 3. The Defendant seeks custody of the following child: Name Present Address AQe Travis Wilber 110 Front Street Shiremanstown, PA 17011 7-1/2 yrs. DOB 1/29/90 4. The child is presently in the custody of the Plaintiff, Harry Wilber, at 110 Front Street, Shiremanstown, PA l7011 and has been for the previous four (4) years. The child has been involved in school and baseball at that location. 5. During the past seven (7) years, the child resided with the following persons and at the following addresses: Name Address Harry wilber and 110 Front Street Wendy Wilber, Stepmother Shiremanstown, PA 17011 Harry Wilber and 226 E. Main Street Wendy Wilber, Stepmother Shiremanstown, PA 17011 David Martin, and Robyn Wilber Martin, Amber Wilber 9 N. Baltimore Street Franklintown, PA 17323 (also other addresses) 9 N. Baltimore Street Franklintown, PA 17323 Harry Wilber and Robyn Wilber Martin Amber Wilber Dates 02/96 to present 10/93 to 02/96 05/90 to 10/93 01/90 to 05/90 6. The Father of the child is Plaintiff, Harry Wilber, whosemailingaddressisIIOFrontStreet.Shiremanstown. Cumberland County, Pennsylvania 17011. 7. The Mother of the children is Defendant, Robyn A. Wilber Martin, who currently resides at 156 West 4th Street, Lewistown, Mifflin County, Pennsylvania 17044. 8. 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 " , ' :1 the proceedings, who has or claims to have physical custody or '1 visitation rights with respect to the child. II. The best interest and permanent welfare of the child will be served by granting the relief requested to the Plaintiff because: 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 has not provided a permanent place of residence and has not provided for the needs of the child since 10/93. BARRY WILBER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VS. . No. CIVIL TERM . . . ROBYN A. WILBER/MARTIN, . CIVIL ACTION - AT LAW . Defendant . CUSTODY . , ~ ! VERIFICATION I, Harry Wilber, state that I am the Plaintiff in the above-captioned case and that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. ~ LA :Jfd-- - Harry Wilber DATE: 0(, 30 '77 r " .... \...... 1 ~ ~ (I") -' , -1 .\ ~ ~, /~ J ~ r r a: .., li~ ~O'$ ;J..:I <- ..:1= >. ~.. ~E uS -- C!:< ~ C. - u U !;(,Ie 0 ~.: ~ ~ _:s!!1:- ~ '5 Q.; r:. ~rc=re ::;~X;::: ClC N 0.- ~<Et:. t"j u I' \ 11l1t'" 1 I \1 I II. ,'" \lIIlIIU' .111.." ,\1 I :,., 1 ,IT.':' II: 1\. Sunday at 7: 00 p.m. This schedule shall commence the second weekend following the date of this agreement and each alternating weekend thereafter. The Mother may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. In the event that either party need to alter the visitation schedule, advance notice of 24-hours must be given to the other party unless prior arrangements have been made, or in the event of an emergency. 2. LEGAL CUSTODY: The parties shall share legal custody of the child jointly. Therefore, although Father has primary physical custody of their minor child and shall have authority to make routine decisions regarding his welfare, he agrees to consult with Mother on all 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 having a harmonious policy calculated to promote the best interest of their minor child. If a dispute arises as to any matters regarding non-routine decisions regarding the child, then Father may exercise final determination subject to review by a court of competent jurisdiction. Each of parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and sC:loo1 administrators regarding the child's health and education progress. Each party 2 of six agrees to share all school memorabilia, such as awards, art work, and school pictures (at least one (I) 8 X 10 and one (1) wallet sized school photo per parent). Each party also agrees to notify the other of special school events, such as plays, concerts, parent-teacher conferences, open houses, etc. within 24 hours so that both parties are given an opportunity to attend such functions. 3. DEATH OR DISABILITY In event of either party's death, then custody shall automatically vest in the other party. 4. SUMMER VACATION The Mother shall be guaranteed vacation with the child during the summer. Mother shall give advance notice to Father of the dates she intends to exercise any such vacation within a reasonable amount of time. 5. HOLIDAYS The parties shall share the following holidays in the following manner: (A) EASTER The Easter Holiday shall be defined as commencing at 7:00 p.m. on the last day of school prior to Easter Sunday and ending at 7:00 p.m. on the last day of vacation before school reconvenes. Mother shall have the child during the Easter Holiday during odd years and Father shall have the child during the Easter Holiday during even years. (B) THANKSGIVING The Thanksgiving Holiday shall be defined as commencing at 7:00 p.m. on the last day of school prior to Thanksgiving and ending at 7:00 p.m. on the last day of vacation before school reconvenes. Mother shall have the child during the 3 of six Thanksgiving Holiday during even years and Father shall have the child during the Thanksgiving Holiday during odd years. (C) CHRISTMAS HOLIDAY The Christmas Holiday shall commence at 7:00 p.m. on the last day of school prior to Christmas and shall end at 7: 00 p.m. on the last day of vacation before school reconvenes. The Christmas Holiday shall be divided into two equal segments. Segment One shall be the first half of the Christmas Holiday and Segment Two shall be the last half of the Christmas Holiday. Mother shall have the child during Segment One of the Christmas Holiday during even years and Segment Two during odd years. Father shall have the child during Segment One of the Christmas Holiday during odd years and Segment Two during even years. (D) CHILD'S BIRTHDAY In each year, the parties agree to make every reasonable effort to insure that each party can contact and/or visit the child on his birthday. (E) MOTHER'S DAY & FATHER'S DAY Mother shall have weekend custody on Mother's Day and Father shall have weekend custody on Father's Day. This Section shall supersede any previous section regarding weekend or summer vacation. (F) OTHER HOLIDAYS All holidays not specifically mentioned herein can be addressed by mutual agreement of the Parties. 6. TRANSPORTATION Transportation will remain as prior to execution of this agreement with both parties meeting at a mutually 4 of six agreed upon neutral location halfway between the residences of each party. Newport, Pennsylvania shall be considered the halfway point. 7. ADDRESS & PHONE NUMBERS OF PARTIES Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be i~nediately forwarded to the other party. 8. NOTICE OF WHEREABOUTS/ILLNESS Each party agrees to keep the other reasonably informed of the whereabouts of the child while he is with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the child's welfare, he or she shall promptly notify the other party of said circumstances. All prescribed medications that the child takes on a daily basis shall be provided to Mother at the time of her visitation. If necessary due to oversight or otherwise, Father agrees to deliver medication to Mother by overnight mail, personal delivery, or any other appropriate method. 9. TELEPHONE CONTACT WITH CHILD Both Parties shall have the right to reasonable telephone contact with their child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. IO. DISPARAGING REMARKS Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the child toward the other parent. 5 of six ( \+i) \.\AUG 2 1 1997 HARRY WILBER, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 97-3624 CIVIL TERM ROBYN A. WILBER/MARTIN, Defendant CIVIL ACTION - LAW : IN CUSTODY ORDER Of? axJRT AND NOW, this 19th day of August, 1997, the Conciliator, being advised by counsel for Plaintiff/Father that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. (C2~~~ Dawn S. Sunday, Esquire Custody Conciliator F" r,"'Oc"'"~ '_' '-' ,'1....._ (',= '" ", ',';", '~m;"Y ql (,I'r ')" " If""? I"'; '- r,ll ~. .'. CG\ .' , ..' ".~,_:-1TY l~~i\; " ;'l~.:,':.""