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Home My WebLink About98-01569 , , ,1 il . ...,: "'I ~I - 'rl .3i I I i I ~I " -",- ~ \ ~ \ \ q \ t4 :,2 o cj \ \ / i ! ( J / ( .... ~ I... I '. ,::I I~ ~ ~ ........ ~ ~ , ~ HECI'OR GONZALEZ, Plaintiff V FAITH C. WALTERS and PEn3\' H, PHILLIPS, Defendants / ~MAY 2 0 1998 : IN THE COUR'I' OF C<MvION PLEAS OF : CllMBERLAND COUN'l"i, PENNSYLVANIA . . : CIVIL ACTION - LAW : NO: 98-1569 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this 11..t day of May, 1998, upon consideration of the attached Cust~iliation Report, it is ordered and directed as follows: 1. 2, 3. The Maternal Grandmother, Peggy H. Phillips, shall continue to enjoy primary physical and legal custody of John Caleb Gochenour, bom March 16, 1989. The Father, Hector Gonzalez, shall be afforded the opportunity to meet with the pSYChologist and physician for the mentioned minor child and said professionals are hereby authorized to provide Mr. ('.,onzalez with all background information pertaining to the minor child, Furthermore, said professionals are aut.horized to work with Mr, Gonzalez relative to any issues that need to be addressed in anticipation that Mr. Gonzalez shall comnence sane type of visitation and periods of partial physical custody with his minor son. This Order is entered in anticipation that the parties and professionals involved in this case will work toward a phased in custody situation to allow Mr. Gonzalez to begin enjoying contact WIth his minor son in such a fashion that his contact shall expand and result in periods of meaningful temporary custody that he would enjoy with the minor child. In the event there are any problems with the contact that the Father will enjoy with the minor child or in the event the Father is of the opinion that the Maternal Grandmother is i'[1 any way inhibiting the Father'S ability to achieve a meaningful relationship with his son, Fat.her may through his counsel contact the CUstody Conciliator and obtain an expedited Conciliation Confe'rence in aruer to bring this matter as quickly as possible before the Court. It is anticipated that upon Father achieving a relationship with is minor child, Father will at that time be granted shared legal custody with the minor child subject to his physical custody rights as compared to the Maternal Grandmother's physical and, possibly, the Mother's physical custody. 4. 5, The child resided with the respondent Feith C, Walters from the time of his birth until early 1998 when he was placed by Ms. Walters with her mother (the child's maternal grandmother), respondent Peggy H, Phillips, at 307 A North Pitt Street, Carlisle, Cumberland County, Ponnsylvanla 17013, 6, After a conciliation conference on or about May 15, 1998, the parties entered Into an agreement for the custody and visitation of the chl/d, whereby the grandmother of the child, respondent Peggy H, Phillips, retained legal and primary physical custOdy of the child, subject, however, to an arrangement whereby it was Intended that petitioner would phase Into joint legal clIstody of the child and periods of visitation and temporary physical custody, A copy of the Order of Court, dated May 21, 1998.ls attached as Exhibit "A" and incorporated herein by reference, 7, During the period Df time from the date of that Order through early August, 1998, petitioner became aware of various issues related to the care of the child and became concerned about the ability and willingness of respondents to provide adequately for the welfare and maintenance Df the child, 8. On or about some lime In August. 1998, petitioner visited the child at the home of respondent Peggy H, Phillips, during which visit Ms, Phillips indicated that she was no longer able to care for the child and requested that petitioner take the child to live with him, 9, The child has lived with the petitioner since that time. subject only to brief visits with the respondents when requested by them, 10, Respondents moved to Louisiana during the summer of 1999 and respondent Faith C, Walters last visited with the child in January, 2000 during a visit to Carlisle, ""',':..,f'> -..,.,- 11 , Petitioner believes and therefor avers that the best Interests and permanent welfare of the child require that the parties have lolnllegal cuslody of the child, that petitioner have primary physical clIstody of the child and thai respondents have specified periods of visitation with the child In accordance with a schedule which may be agreed upon at a conclllallon to be held In Ihls matter. WHEREFORE, petllloner respectfully requesls that the court enter an order providing for the legal and physical custody of the children as aforesaid, February J:l. 2000 '- 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No, 29920 2, 3. 4, W MAY ~ U I;;J;;JU HEC."roR GONZALEZ, Plaintiff V FAITH C, WAIJI'ERS and PEn3Y H, PHILLIPS, Defendants : IN THE COURT OF a:t+ION PLEAS OF : altlBERLAND COUNTY, PENNSYLVANIA . . : CIVIIJ ACTIOO' - LAW : NO: 98..1569 CIVIL TERM : IN CUSTODY ~RT. ORD~ AND NOW, this ,J;::n- day of May, 1998, u[XJn consideration of the attached (.'\lBtooyConciliation Report, it is ordered and directed as follows: 1. The Maternal Grandmother, Peggy H. Phillips, shall continue to enjoy primary physical and legal custody of John Caleb Gochenour, bom March 16, 1989. '1'he Father, Hector Gonzalez, shall be afforded the opportunit.y to meet with the psychologist and physician for the lIlE'.ntioned minor child and saId professionals are hereby authorized to provide Mr, Gonzalez with all baCkground infol1nation pertaining to the minor child. bilrthel111Ore, Aaid professionals are authorized to work with Mr, Gonz.tlez relative to any issues that need to be addressed in anticipation that Mr. Gonzalez shall ccmoence sane type of visitation and periods of partial physical custody with his minor son. This Order is entered in anticipation that the parties and professionals involved in this case will work toward a phased in custody situation to allow Mr. Gonzalez to begin enjoying conr'lct wlth his lTlinor son in such d fdl:lh.ion that his contact shall expand and result in periods of meaningful temporary custody that he would enjoy with the minor child. In the event there are any problems with the contact that the Father will enjoy with the rnin€>r child or in the event the Father is of the opinion that the Matemal Grandmother is in any way inhibiting the Father's ability to achieve a meaningful relationship with his son, Fathtlr may through his counsel contact the CUstody Conciliator and obtain an expedited Conciliation Conference in order to bring this matter as quickly as possible before the Court. I~ is anti.cipated, that upon Father achieving a relationship Wlth is rnmor child, Father will at that time be granted shared legal custody with the minor child subject tel his physical custody rights as canpared to the Maternal Grandmother'S physical and, possibly, the Mother'S physical custody. HBC'l'OR GONZALBS, Pla.:l.ntUf V I1N THB COURT OF COHIION PLEAS OF ,CUMBBRLAND COUNTY, PBNNSYLVANIA : 'CIVIL ACTION - LAW FAITH C, WAJ,TBRS and PBGGY H. PHILLIPS, Defendants , . , , NO: 98-1569 CIVIL TERM :IN CUS'1'ODY CONCILIA'l'ION CON1i7CRICNCE SOMHARY REPORT - IN ACCORDANCE Wl"1'H THE CUMBERLAND COUNTY CIVIL RULE OF PROCBDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report' 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: John Caleb Gochenour, born March 16, 1989. 2, A Cono1.I1ation Conference was held on May 15, 1998, with the fOllowing individuals in attendance: The Maternal Grandmother, Peggy H. Phillips, witll her coullsel, Matthew J. Eshelman, Esquire, Mr, Eshelman also represented the Mother, Faith C, Walters, Also, present was the E~ther, Hector Gonzalez, who was represented by Harold S, Irwin, III, Esquire, 3. The parties agreed to the entry of an Order in the form as attached, >ir~!f(P 7'E .... HECTOR GONZALEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W v. FAITH C, WALTERS and PEGGY H. PHILLIPS.: Detendants NO, 98-1569 CIVIL TERM ORDER OF COURT AND NOW, this 1.5 ~ of June, 2000, upon considt'fl\tion of the altached lelter from Harold S, Irwin, III, Esq" attol'l1ey for Pluintiff, the hearing previously scheduled for July 3, 2000, is CONTINUED GENERALL y, The parties are directed to contact the Court I f they desire a hearing in this malter, BY THE COURT, Harold S, Irwin, III, Esq, Hitner House Suites 201 and 202 35 East High Street Carlisle, P A 17013 Attorney for Plaintiff d/~ oj( 1 .~.~ t.;t,oo r' RK8 1- '~ , ( , n, , ' , , , -, "-1 u , , I , I I ~rl _,~ f ,~'l c.:. Faith C, Walter's Peggy H. Phillips /02 Sam Houston Loop Sibley, LA 71073 Defendants, Pro Se ',--I , . , lJ '. :rc .... LAW OFFICES OF HAROLD S. IRWIN, 1/1 .. ATTORNEY.IIT-LAW HAROLD S, IRWIN, III JOHN J, aARANSKI, JR HITNIlR HOUSIl, aUlna 201 IInd 202 35 EAS'I' HIOH STREET CARLISLI!, PIlNNSYLVANIA 17013 7170243,6090 PHONe 717-243.9200 FAOSIMI<e ..........~.-.......... www.oonpon"comlifWml o'mol/: ifWlnloW@aplx.nol HEATHER A, BARBOUR AMY s. CASEY PARALEOAlS June 14,2000 HON. J. WESLEY OLER, JR. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE . CARLISLE PA 17013 RE: GONZALEZ v. WALTERS and PHILLIPS NO. 98.1569 CIVIL TERM (Custody) Dear JUdge Oler: The parties In this action have reached an agreement to settle this case. which Is now scheduled for a hearing on July a'd, An agreement has been drafted, and Is being overnighted to the defendant In Louisiana for her to sign, Because the parties have reached an agreement the hearing should not be held on July a'd; however. I would like to make sure we have the agreement signed before we terminate this case, On behalf of the Plaintiff. the moving party, I ask that you continue this matter generally pending the entry of the stipulation, which Ihe parties are in the process of signing, ~: Harold S. Irwin, III ,JIJI( 1 4 ~. HIICTOR OONZAI:IIZ, PI.lntlff ---- y, I IN THII COURT OF COMMON PLIIAS OF I CUMBIIRLAND COUNTY, PI!INN8YLVANIA I I CIVIL ACTION - LAW I NO, 98 -1589 CIVIL TlRM I I I CUSTODY FAITH C. WAL TI!IRS .nd PBOOY H. PHILLIPS, Defend.nta STIPULATION AND AGREEMENT ~b THIS STIPULATION AND AGREEMENT entered Into this JlL day of 2000, by and between HECTOR GONZALEZ (hereinafter referred to as "Fath r") and FAITH C. WALTERS (hereinafter referred to as "Mathern) and PEGGY H. PHILLIPS (hereinafter referred to as "Maternal Grandmother" NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, The Fa:her and the Mother are the parents of a minor son, namely, John Caleb Gochenour (born March 16, 1989, age 11); and WHEREAS, the Court entered and Order on May 21, 1998 providing for the legal. primary physical and partial physical custody of the child, as well as for certain rights of visitation of the child by the Father, subject to certain conditions and other matters; and