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Home My WebLink About07-1166 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs ASHLEY KOLVA v. IN THE COURT OF COrM~1ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant CUSTODY You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 4 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiffs LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs v. ASHLEY KOLVA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO . 4 7 - //!~ G l~c.~.•:~ ~~ CIVIL ACTION - LAW CUSTODY PETITION FOR CITSTODY 1. Plaintiff, Louise Waggoner, an adult individual resides at 316 3rd Street, New Cumberland, Cumberland County, PA 17070. She is the paternal grandmother of the subject child. 2. Plaintiff, William J. Bernoski, Jr., is the son of Louise Waggoner. He is a juvenile currently residing at Camp Adams, a juvenile facility, in Jim Thorpe, Pennsylvania. He is the subject child's natural father. 3. Defendant, Ashley Kolva, is a juvenile. She resides with Louise Waggoner at 316 3rd Street, New Cumberland, Cumberland County, PA 17070. She is the subject child's natural mother. 4. All parties have entered into a custody agreement regarding the subject child, ANTHONY JOSEPH ROLVA, born February 2, 2006 (age 1). Additionally, Ashley Kolva's mother {the maternal grandmother) has signed the Agreement as Ashley is not yet 18 years of age . 5. For the last five years, the child has resided with the following persons at the following addresses for the following approximate periods of time: ~~ ADDRESS DATE mom, uncle, Etters, PA Feb through maternal grandmother March, 2006 mom, paternal grandmother see paragraph #1 April, 06 to and grandfather, aunt present 6. Plaintiffs have no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. Plaintiff s do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. All parties agree the best interest and permanent welfare of the child will be served by granting shared legal custody between the natural parents and paternal grandmother and shared physical custody between mother and paternal grandmother. To that end, the parties have entered into a written Agreement being filed concurrently with this Petitioner, requesting that it be made an Order of Court. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiffs request the Court to make the written custody Agreement executed by all parties an Order of Court. Respectfully submitted, ~~~~. DATE : 3 _3 "D7 ' .~~'r"J KE TH F. EWIS, ESQUIRE Attorney for Plaintiffs I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document 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. Dated : 3~31d 7 L I WAGGONER for herself and a ardian for WILLIAM J. BERNOSKI, JR. C~ .:_, +v ~... -..., -r7 ~i ~-r; ~ r ' s :1=:+ _' l [gyp ~ I i:.. =.. f" ~ ~ - ~ ("`1 f b ~ ~ . ~ ~ iT o . N ~ f'' ~ .. ~ ).-~~'~ \ ~ ~ ~ e `~ l ._.~ ^~ V ~ ~ aJ ~~~~~?~er ~tal J. Kolva • o7-II6~ CUSTODY AGREEMENT AND NOW, this ~~ day of /' /~;/~G~ , 2007, the undersigned stipulate to the following provisions being made an Order of Court: 1. LOUISE WAGGONER (hereafter "Grandmother"), ASHLEY KOLVA (hereafter "Mother") and WILLIAM J. BERNOSKI, JR. (hereafter "Father") shall share legal custody of ANTHONY JOSEPH KOLVA, born February 2, 2006 (age 1). Grandmother, Mother and Father agree that major decisions affecting the child, including but not limited to health, education, religious training and upbringing shall be made by them joint, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the others. Day to day decisions shall be the responsibility of the person then having physical custody. With regard to any emergency decisions which must be made, the person having physical custody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that person shall inform the others of the emergency and consult with the others as soon as possible. Each shall have the legal authority to handle any and all necessary health care issues ,.~ .. involving the child and shall be entitled to complete and full information from any health care provider, dentist, teacher, professional or authority and to have copies of any reports given to the other(s). 2. LOUISE WAGGONER (hereafter "Grandmother") and ASHLEY KOLVA (hereafter "Mother") shall share physical custody of the subject child. 3. Father shall have periods of partial physical custody at mutually agreed upon times. 4. Neither Louise Waggoner, nor Ashley Kolva shall relocate beyond a thirty (30) mile radius from New Cumberland, Pennsylvania without a minimum notice of ninety (90) days to the other parties. The ninety day notice is designed to afford the parties an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 5. In addition to Mother's and Father's signatures below, their guardians are signing this Agreement as Mother and Father are both under the age of eighteen years. L SE WAGGO R ASHLEY KO A for herself and uardian for WILLIAM BERNOSKI, JR. ~ ~---" ,` WILL AM J. BERNOSKI, JR A HLEY KOL A, a minor by her mother, TINA KOLVA f'`, rv O '' -~., ~ ` ~ -=~ ~~ ~ ~ I~ r ~ ~ / ~~ lp' ~ 1 •~ `^ ~~~~...III `t < '` LIAR 117 2007 ~~ LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs v. ASHLEY KOLVA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO . o~]~I ~ 6~ CIVIL ACTION - LAW CUSTODY 1h AND NOW, this ~_ day of ~o.~r~~ 2007, upon Agreement signed by all parties, it is Ordered as follows: 1. LOUISB WAGGONER, WILLIAM J. BERNOSKI, JR. and ASHLEY KOLVA shall share legal of ANTHONY JOSEPH KOLVA, born February 2, 2006 (age 1). 2. LOUISE WAGGONER and ASHLEY KOLVA shall share physical custody of the subject child. WILLIAM J. BERNOSKI, JR. shall have periods of partial physical custody at times mutually agreed upon by the parties. BY THE COURT: `"` ~. ,. D~.STRIBDTION: neth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 ~ishley Kolva, 316 3rd Street, New Cumberland, PA 17070 O~ hM ~` 5 :-„~,, , ,,,~_;~:~=hill LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs ASHLEY KOLVA Vs Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA s --_ e NO.0~7~1166 C',~-1~~, : : CIVIL ACTION - LAW : : CUSTODY CUSTODY AGREEMENT AND NOW, this ~ day of ~ 200°7, the undersigned stipulate to the following provisions being made an Order of Court : 1. LOUISE WAGGONER (hereafter "Grandmother"), ASHLEY KOLVA (hereafter "Mother") and WILLIAM J. BERNOSKI, JRo (hereafter "Father") shall share legal custody of ANTHONY JOSEPH KOLVA, born February 2, 2006 (age 1). Grandmother, Mother and Father agree that major decisions affecting the child, including but not limited to health, education, religious training and upbringing shall be made by them joint, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interestse Each shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the others. Day to day decisions shall be the responsibility of the person then having physical custody. With regard to any emergency decisions which must be made, the person having physical custody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that person shall inform the others of the emergency and consult with the others as soon as possible. Each shall have the legal authority to handle any and all necessary health care issues involving the child and shall be entitled to complete and full information from any health care provider, dentist, teacher, professional or authority and to have copies of any reports given to the other(s). 2. Grandmother shall have primary physical custody of the subject child. 3. Mother and Father shall have liberal periods of partial physical custody at mutually agreed upon times. 4. No party shall relocate beyond a thirty (30) mile radius from New Cumberland, Pennsylvania without a minimum notice of ninety (90) days to the other parties. The ninety day notice is designed to afford the parties an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 5. In addition to Mother°s and Father's signatures below, their guardians are signing this Agreement as Mother and Father are both under the age of eighteen years. 1 ~ ,~ ISE WAGGO ER for herself and as guardian for WILLIAM BERNOSKI, JR. wVti~~~ j~ WILLIAM J. BERN KI, JR ~` SHLEY K VA .~~ A HLEY O VA, a minor by her mother, TINA KOLVA ._-~ ~~:? r-'' ~::~ .-, -.n -_~ --i _ ~_ 4~. ,~~ w ~I` ,.~ - _ _._ _ _ ,r ., ~ f; 's .i . C~ ~ _._; ~~~ ~ 5 ~. I~AY @ 4 200 LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs ASHLEY KOLVA v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-1166 Civ Term CIVIL ACTION - LAW . CUSTODY ORDER th AND NOW, this 7 day of ~ `~~ 2007, it is hereby Ordered that the attached May 1, 2007 Custody Agreement entered into by all the parties is hereby made an Order of Court. BY THE COURT: `V\ D TRIBUTIONa meth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 ~hley Kolva, 316 3rd Strcc~ uo~•~ r+„ml-,crl anr7 vn 17070 J. 1 X1.1 tif'`~ ."I ilf 1~,1 . . f 4 LOUISE WAGGONER, WILLIAM J. BERNOSKI, JR., by his guardian, LOUISE WAGGONER, Plaintiffs v. ASHLEY KOLVA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O'7~-1166 C`~,~ ~e~~, CIVIL ACTION - LAW CUSTODY CUSTODY AGREEMENT AND NOW, this ~ day of ~ 2007, the undersigned stipulate to the following provisions being made an Order of Courts 1. LOUISE WAGGONER (hereafter "Grandmother"), ASHLEY KOLVA (hereafter "Mother") and WILLIAM J. BERNOSKI, JR. (hereafter "Father") shall share legal custody of ANTHONY JOSEPH KOLVA, born February 2, 2006 (age 1). Grandmother, Mother and Father agree that major decisions affecting the child, including but not limited to health, education, religious training and upbringing shall be made by them joint, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the others. Day to day decisions shall be the responsibility of the person then having physical custody. With regard to any emergency decisions which must be made, the person having physical custody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that person shall inform the others of the emergency and consult with the others as soon as possible. Each shall have the legal authority to handle any and all necessary health care issues involving the child and shall be entitled to complete and full information from any health care provider, dentist, teacher, professional or authority and to have copies of any reports given to the other(s). 2. Grandmother shall have primary physical custody of the subject child. 3. Mother and Father shall have liberal periods of partial physical custody at mutually agreed upon times. 4. No party shall relocate beyond a thirty (30) mile radius from New Cumberland, Pennsylvania without a minimum notice of ninety (90) days to the other parties. The ninety day notice is designed to afford the parties an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 5. In addition to Mother's and Father's signatures below, their guardians are signing this Agreement as Mother and Father are both under the age of eighteen years. ISE WAGGO ER for herself and as guardian for WILLIAM BERNOSKI, JR. IV ti~GC WILLIAM J. BERN KI, JR SHLEY K VA .~.aC,:::aa~.~ A~HLEY O VA, a minor by her mother, TINA KOLVA ~'? ~ O ~:~ ~ ~ _ -C R1~ -~ 1 G7 . a ,~. --,t ~ `t '" 7 ~'r _ "` 7 v- :-- tv -~ r-n `~:..~