HomeMy WebLinkAbout98-03388
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ALVIN DAVIS,
PlaintimPetitioner
IN TIlE COURT or COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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vs.
NO. 98-3388 CIVIL TERM
SHANNON WADE,
Defendant/Respondent
CIVIL ACTION - LA W
AND NOW, this
ORIlER
It,~ t1ayof ~
, 1998, upon receipt of the
Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and t1ireetetl as
follows:
A hearing is scheduled for the iR. t;A day of Nov ~J'Y1jE.lt..
1998 at J " 00 o'clock L.M., in Court Room Number f of the
Cumberland County Court (-louse, Carlisle, Pennsylvania. Both parties, through
counsel, will provide each other and the court with a list of witnesses ten (10)
days prior to the date of the hearing along with a statement as to their expected
testimony, Additionally, both parties will submit their proposal for a resolution of
the matter.
J.
Michael 1. Pykosh, Esquire
Ms, Shannon Wade, pro se
1111b
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from her birth until IlJ<J6 because of his incarceration. From JlJ<J6 through llJlJ7. he saw the
child three times. The Father wants to start a relationship with his daughter and suggcsled that
he see the child on alternate Saturdays and Sundays from 10:00 a,lI1. until 4:00 p.m, Once he
was oul on his own (Father is currcntly in a Imllivay house) in Deecmber. 1998. he proposes that
he sees the child every other weekend Irom Saturday at 9:00 a.lI1. until Sunday at 9:00 p.lI1. The
Father currently is working approximately 70 hours per week.
6. The Defendant's position on custody is as follows: Mother stated that the Father has
not been involved with the child and she docs not want the child subject to contact with the
Father until he is out of the halfivay house. Therealler. the Mother suggested it would be more
appropriate for the Father to have a work-in type schedule. The Mother would permit visitation
to occur prior to the Father being released Irol11 the halfway house provided it occurred at
Mother's residence on Cedar Run Drive in Camp Hill.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need lor 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: Clearly the Father has had little or no contact with his
daughter. The Father appears to have a desire to want to establish the relationship with his
daughter. Obviously, there is a need to reacquaint him with his daughter and then get into a more
regular schedule.
VERIFICATION
hereby verify thet the stetements of fect mede in the foregoing
ere true end correct to the best of my knowledge, informetion end belief. I
understend thet eny felse stetements therein ere subject to the criminel
penelties conteined in 18 Pe, C.S. 8 4904, releting to unsworn felsificetion
to euthori ties,
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ALVIN DAVIS -
Deted:
ALVIN DAVIS,
PI ointiff IPetitioner
Y.
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
~ No.q~'3,\6i;CIVIL TERM
: CUSTODY/VISITATION
SHANNON WADE,
Defendant/Respondent
ORDER
AND NOW, this-1hdeyof .\ \k( ,1998, upon
conslderetion of the etteched Compleint, it is hereby direct thet the
perties end their re~p:c~1 ve\~~lu,~sel eppeer before ~:"\llhl\\ \ l ',[>{f~'f,6111
the Conci 1 i etor, etjjr-);), \1\ ,)\ J (\If 1\\ \ I, eJ\ ,on the . ') dey
Of\-'\\~-(\,\n' (- , 19 l/~), et \ \' (1\'), ~\ .M., for e Preheering
Custody Conference. At such conference, en effort wIll be mede to resolve
the issues in dispute; or if this cennot be eccomplished, to define end
nerrow the issues to be heerd by the Court, end to enter into e temporery
order. Either perty mey bring the Child who is the subject of this custody
ection to the conference, but the Child/Children's ettendence is not
mendetory. Feilure to eppeer et the conference mey provide grounds for
entry of e temporery or permenent order.
FOR THE COURT:
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faLl SHallLD TAI<E THIS' PAPEI<' Ta faL/I<' LAfJlYEI<' AT 'ONCE IF yall 0'0 NaT
HA n- ,.:j LA fJIYEI<' aI<' CANNaT AHal<'D aNf, 60 Ta aI<' TELEPHaNE THE aH/CE
SET Fal<'TH 8EL ahl TO FIND allT fJl/iEI<'E' fall CAN 6ET LEGAL HELP
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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8, Neither, Plaintiff nor Defendant are members of the armed
forces.
9, This action IS being filed In Cumberland County because the
child currently resides in Cumberland County, where jurisdiction is proper,
WHEREFORE. Pet i t i oner, AI vin Davis, respect full y requests the
Court grant Plaintiff, Alvin Davis visitation t-ights of his daughter, Hope
Wade.
Date:
" .0
BV:')'II~'/, .lIt!
Michael J, Pyk s ,EsQuire
Attorney ID No. 58851
P,O, Box 368
CampHill,PA 17001
(717) 975-9446
Respectfully Submitted:
McDonald's, Wendy's, or other fast food restaurant on either a
saturday or Sunday for one hour. He may be accompanied by his
female friend and stepchildren on those occasions if he so
desires and if he has previously discussed this with his
daughter. The daughter shall be accompanied by a babysitter
arranged by mother. Father shall pay the costs of the
babysitter for his visitation during the months of November and
December.
c. During the months of January and February of
1999, father may visit with his daughter every other Saturday
from 10:00 a.m. until 2:00 p.m. at such places as he deems
appropriate without supervision. This visitation is conditioned
upon him having exercised the visitation set forth in a and b
above and having complied with all of the other conditions of
this order.
d. Thereafter, every other weekend from Saturday
at 10:00 a.m. until Sunday at 4:00 p.m.
e. If the overnight weekend visitation goes
without problems, the Court would seriously consider allowing
father to expand that to a Friday to Sunday visitation. It is
hoped the parties will be able to agree to that, but if they
cannot, the Court will take a look at it at a future time.
f. If father wishes to cancel any period of
partial custody, he shall notify mother at least 48 hours in
advance.
g. Father and mother by mutual agreement may
vary the schedule anytime.
h. The parties will be flexible in connection
with visitation so as to serve the best needs of the child. If
a weekend does not suit father and he gives appropriate notice
to change weekends, mother shall cooperate. If a certain
weekend does not suit mother and she wants to replace it with
another weekend, father shall cooperate.
i. Each parent shall immediately notify the
other of any medical emergencies which arise while the child is
in said parent's care. In that regard, each parent shall keep
the other apprised of a valid current address and phone number
at which he or she may be reached.
j. Neither parent shall drink or use illegal
drugs in the presence of the child or place the child in
circumstances where others are doing so when the child is in his
or her custody.
k. Neither parent shall use physical punishment
or threaten it during their periods of custody.
1. Neither parent shall do anything that
estranges the child from the other parent or injures the opinion
of the child as to the other parent or which may hamper the free
and natural development of the child's love or respect for the
other parent.
m. Beginning in January, 1999, father shall be