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HomeMy WebLinkAbout07-1328 SCOTT R. WRIGHT, VS. Plaintiff VICTORIA K. WRIGHT , Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO.: 41 ?3CI?VIL TERM IN CUSTODY COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, Scott R. Wright, by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: The Plaintiff is Scott R. Wright, residing at 17 SME, Shippensburg, Shippensburg Township, Cumberland County, Pennsylvania. 2. The Defendant is Victoria K- Wright, residing at 343 East Orange Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff seeks Primary residential Custody of the following children: Bree E. Wright, born February 28,1998 and Keenan S. Wright born October 22,1999 The children was not born out of wedlock. The children are presently in the custody of Father, Plaintiff, who resides at 17 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: With mother and father at 17 Shippensburg Mobile Estates from birth until Mother left the marital residence on May 24, 2004, leaving the children in the care and custody of Father with whom they have continued to reside at 17 SME from the time mother left to present. The mother of the children is Victoria K. Wright, currently residing at 343 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. She is separated from Father and there is a divorce action filed in Cumberland County filed to Civil Action 04-2335 in which Mother is the Plaintiff. Father believes Mother is represented by Thomas Williams, Esquire of the Martson Law Office. The father of the children is Scott R Wright, currently residing at 17 Shippensburg Mobile Estates. He is separated from Mother. 4. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following person(s): Bree E. Wright and Keenan S. Wright and no other persons. 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following person(s): no one. b. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children filed in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child 7. The best interests and permanent welfare of the children, will be served by granting the relief requested based upon the following: Father has been the primary source of the nurturing and care of the children. When Mother left May 24, 2004 she left the children in the care and custody of Father acknowledging that Father is the parent best suited to provide for the physical and emotional well being of the children. The children have been in the primary care, control and nurturing of the Father. The best interest and permanent welfare of the children will be served by continuing the primary custody of the children in Father subject to reasonable rights of partial custody and visitation in Mother. The Mother is planning to move to Maryland at the end of March 2007. Father believes it will be in the children's best interest to stay in Shippensburg and continue in school in the Shippensburg district. Mother is employed as a registered nurse working night shift and has an erratic work schedule which results in Mother spending little time with the children. Mother works in Maryland and often does not return to her residence if she is working several days in a row. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant Custody of the children to, Father, subject to reasonable rights of visitation and partial custody in the mother. Respectfully submitted, AallyJ.nder, Esquire Attome or Plaintiff VERIFICATION I verify that the statements made in this Complaint 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. Dater ' (f"O .?`?? X COTT R. WRIGHT C? .9. C-7 N v 0 -tl C" 77 O Co (r i ?? S SCOTT R. WRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VICTORIA K. WRIGHT DEFENDANT 07-1328 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, -Monday, March 19, 2007 __,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2007 at 8:30 AM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C _C Wd 61 SVW LOOZ AdViQNOHWjd 3HI dO 33U IIU k_? JUN 0 8 2007 A SCOTT R. WRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1328 CIVIL ACTION - LAW VICTORIA K. WRIGHT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / y05 day of , 2007, upon consideration of the attached Custody Conci ation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. L/ , of the Cumberland County Court House, on the g A of day of , 2007, at q %3 D o'clock, A-. M., at which time testimony will be en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Scott R. Wright and the Mother, Victoria K. Wright, shall have shared legal custody of Bree E. Wright, born February 28, 1998 and Keenan S. Wright, born October 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, I E :z R8 ? 1 "4, in taaI :7Hi K) extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. For the summer, the parties shall share physical custody of the children. Mother shall have physical custody of the children three overnights one week and four overnights the next week, this schedule to alternate thereafter, all to coincide with Mother's work schedule. Father shall have physical custody of the children at all other times. 5. Mother Ehall be responsible for all transportation. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Sally J. Winder, Esquire, counsel for Father/ Jennifer Spears, Esquire, counsel for Mother SCOTT R. WRIGHT, Plaintiff V. VICTORIA K. WRIGHT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1328 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bree E. Wright February 28, 1998 Father Keenan S. Wright October 22, 1999 Father 2. A Conciliation Conference was held June 7, 2007 with the following individuals in attendance: The Father, Scott R. Wright, with his counsel, Sally J. Winder, Esquire, and the Mother, Victoria K. Wright, with her counsel, Jennifer Spears, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having as much time as possible with the children in light of her work schedule. Father maintains that he has been the primary care giver since 2004. Mother works a flexible schedule as a nurse and is not always available for the children. In the past she has utilized the paternal grandmother as a care giver. Mother recently moved to Maryland and can no longer use paternal grandmother. Father is concerned about who will care for the children when Mother works night shift and during the day when Mother will be sleeping. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having three weekends out of four. She wishes to relocate the children to Maryland. She maintains that she has had shared physical custody of the children at times that coincides with her work schedule. She asserts that the children wish to relocate with her to Maryland. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal and shared physical custody for the summer. The parties request a hearing prior to the start of school in August, 2007. It is expected that the Hearing will require one day. Date acq line M. Verney, Esquire Custody Conciliator SCOTT R. WRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1328 CIVIL VICTORIA K. WRIGHT, Defendant IN CUSTODY ORDER AND NOW, this 14 ` day of July, 2007, hearing in the above-captioned matter set for August 3, 2007, is continued to Thursday, August 16, 2007, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Sally Winder, Esquire For the Plaintiff Jennifer Spears, Esquire For the Defendant Am ?.. SCOTT R. WRIGHT, VS. Plaintiff VICTORIA K. WRIGHT , Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO.: 07-1328 CIVIL TERM IN CUSTODY ORDER OF COURT AND, NOW, this 31"- day of August, 2007, upon consideration of the Stipulation and Agreement of the parties and counsel in this matter, it is ORDERED AND DIRECTED, that 1. The Father, Scott R. Wright and the Mother, Victoria K. Wright, shall have shared legal custody of Bree E. Wright, born February 28, 1998, and Keenan S. Wright, born October 22, 1999: 2. The children, Bree E. Wright and Keenan S. Wright, shall continue to reside with their father, Scott R. Wright, at 17 SME, Shippensburg, PA and shall be residents of Pennsylvania, enrolled and attending school in the Shippensburg Area School District. 3. Mother shall exercise her shared custody such that it does not interfere with the children's school schedule and providing that she has have custody of the children on her days off work, all to coincide with her work schedule. Father shall have physical custody of the children at all other times. The parties contemplate as equal physical custody schedule as they have been doing. 4. Mother shall be primarily responsible for transportation; Father agrees to assist on weekends with transportation as his work schedule may allow. i 5. Each parent shall be entitled to all records and information pertaining to the children including medical, dental, religious, or school record, the residence address of the children and the other parent. Both parents shall be entitled to full and complete information and participation concerning all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any report given to them as parents including medical records, birth certificates, school or educational attendance records or report cards. 6. The parties may modify this Agreement and the Order by mutual agreement. In the absence of mutual consent, the terms of the Order shall control. By the Court, -SIN Q a I iy 1 _l Y i'? f • Y SCOTT R. WRIGHT, VS. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO.: 2007.1328 CIVIL PERM IN CUSTODY VICTORIA K. WRIGHT , Defendant STIPULATION AND AGREEMENT Come now the Plaintiff, Scott K Wright, by and through his counsel, Sally J. Winder, Esquire and the Defendant, Victoria K. Wright, by and through her counsel, Jennifer L. Spears, Esquire, and do stipulate and agree that an Order of Court containing the following terms shall be entered settling the custody of their two children, Bree E. Wright, born February 28, 1998, and Keenan S. Wright, born October 22, 1999: 1. The Father, Scott R. Wright and the Mother, Victoria K. Wright, shall have shared legal custody of Bree E. Wright and Keenan S. Wright. 2. The children, Bree E. Wright and Keenan S. Wright, shall continue to reside with their fatther, Scott R. Wright, at 17 SUE, Shippensburg, PA and shall be residents of Pennsylvania, enrolled and attending school in the Shippensburg Area School District. 3. Mother shall exercise her shared custody such that it does not interfere with the children's school schedule and providing that she has have custody of the children on her days off work, all to coincide with her work schedule. Father shall have physical custody of the children at all other times, The parties contemplate an equal physical custody schedule as they have been doing. 4. Mother shall be primarily responsible for transportation; Father agrees to assist on weekends with transportation as his work schedule may allow. 1e i *. Y S. Each parent shall be entitled to all records and information pertaining to the children including medical, dental, religious, or school record, the residence address of the children and the other parent. Both parents shall be entitled to full and complete information and participation concerning all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any report given to them as parents including medical records, birth certificates, school or educational attendance records or report cards. 6. The parties may modify this Agreement and the Order by mutual agreement. In the absence of mutual consent, the terms of the Order shall control. 7. The parties agree to and request that the Court enter an Order in the attached form without the necessity of their appearance in Court for entry of the same. IN WITNESS WHEREOF, the parties and their respective counsel have entered into the said Stipulation and Agreement. 5VA j )JIz- x j4e? Sally L mder, Attorney for Father Scott R. Wright, Fa er 'Victoria K. Wright, Moth Jennifer L. Spars, Attorney for Mother F t