HomeMy WebLinkAbout98-06476
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Johnson, Duffie, Stewart & Weidner
By: JllSCllh L. lIilehillgs
I.D. No. C,SSSI
30 I Market Slreet
P. O. Box (()l)
Lemoync,I'enllsylvani:1 17(J43-(J(()l)
(717)7C,1-4S40
DEe . 3 199R ,~_)
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Allllmcys Illr "I.linli f1s
JACK W. CRITSER and
EDNA M. CRITSER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9P "'I7bC;v,.t NO. Docket #
~rJ..j'1
CIVIL ACTION - LAW
IN CUSTODY
Plaintiffs
v.
JOHNNY RAY WARD and
JEAN ELINOR WARD BRAWNER MUNSEY,
Defendants
ORDER OF COURT
AND NOW, this ....h day of rnf\\\'('\ 1998, upon consideration of the attached complaint, it is
hereby directed that the parties and t~eir respective counsel appear before V,\(\'(i-r\ L. E\'r\,g\ ,
th: conciliator, at ~ S.\i\~ "*'1 lD',,: \\\\\, on the ~J(' day of ,'rn nr"l ,19~ at
q, .\JJ ~ .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. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
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.
C T ADMINISTRATOR,
CUMBER 0 OURTHOUSE
CAR~, N NIA 17013
~ ("117) 240-6200
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Ward who reside al116 North 25'., Camp Hill, Cumberland Counly, Pennsylvania 17011.
6. During the pasl five years, Ihe children have resided wilh the following persons and at the
following addresses:
Jack W. Critser and Edna M. Critser April, 1994 _ July, 1995
1903 Logan Street
Camp Hill, Cumberland County, Pennsylvania 17011
Jack W. Critser and Edna M. Critser July, 1995 _ Present
116 North 25'. Street
Camp Hill, Cumberland County, Pennsylvania 17011
7. The Mother of the children is Jean Elinor Ward Brawner Munsey, wilh a last known address
of 4306 Elliot Court, Dale City, Virginia 22193. She is married. The Father of the children is Defendant
Johnny Ray Ward. He is single. The relationship of the Plaintiffs to the children is that of Grandparents.
8. The relationship of the Defendants to the children is that of natural parents.
9. Plaintiff's have participated as a party in other litigation concerning the custody of the children
in an action in the Circuit Court for Anne Arundel County, Maryland docketed the Case Number C-94-12526
GS, wherein Plaintiffs were granted shared guardianship with Defendant Johnny Ray Ward to the minor
children pursuant to an Order dated July 14, 1994. A true and correct copy of the Petition and Order are
attached hereto incorporated herein by reference marked as Exhibil"A".
1 O. Plaintiffs have no information of a custody proceeding concerning the children pending in a
Court of this Commonwealth.
11. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of
the children or claims to have custody or visitation rights with respect to the children.
12. In the event of Defendant Johnny Ray Ward's death the best interest and permanent welfare
of the children will be served by grantin9 Plaintiffs primary physical custody because the children have
resided wilh the Plaintiffs since they were very young, and the Plaintiffs serve as the parental figures in the
children's lives. The children's Father, Defendant Johnny Ray Ward is terminally ill from cancer and is not
able to care for the children.
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13. It is believed and therefore averred that Defendant Johnny Ray Ward who currently shares
guardianship of the children with Plaintiffs, acknowledges that in the event of his dealh, the best interest and
permanent welfare of the children will be served by granting Plaintiffs primary physical custody.
14. Each parent whose parenlal rights to the children have not been lerminated and any person
who has physical custody of the children have been named as a party to this action.
WHEREFORE, Plaintiffs, Jack W. Critser and Edna M. Critser respectfully request that in the event
of Defendant Johnny Ray Ward's death, this Court grant them primary physical custody of Jonathan Wayne
Ward, Shonnie Jean Ward and Joseph Ray Ward.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
:116558
VERIFICA T/ON
I, Edna M. Critser, do verify that the statements made in the foregoing Complaint is true and correct to
the best of my knowledge, information and belief. I understand that false statements made herein are subject
to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities.
Dated:
/ ;/ /J /
. I
97
t:. ' ~~
/I~ - - /J? 07- - '
Edna M. Critser
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JACK W. CRITSER and
EDNA M. CRITSER.
Plaintiffs
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
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vs.
NO. 98.6476 CIVIL TERM
CIVIL ACTION - LA W
JOHNNY RA Y WARD and
JEAN ELINOR WARD
BRAWNER MUNSEY.
Dcfcndants
IN CUSTODY
ORDER
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AND NOW, this :;.~ day of ~-\j.)J)..u.
\
. 1999. upon rcccipt of thc
Conciliator's Rcport. it appcaring thatthc Plaintiffs appcarcd at thc conciliation confercncc with
their counsel butthc Defendant, Jean Elinor Ward Brawncr Munscy, Mothcr, did not appear nor
was she represented by counsel. it is hercby ordercd and dircctcd as follows:
1. Legal and physical custody of the minor children. Jonathan Wayne
Ward, d.o.b. September 23, 1983; Shonnie Jcan Ward, d.D.b. Novembcr 24, 1984;
and Joseph Ray Ward, d.o.b. August 26, 1986, shall be and remain with thcir
grandparents, Jack W. Critser and Edna M. Critser.
2. If the natural mother feels aggrieved by thc tcrms of this Ordcr. she
may petition the court for another custody conciliation.
//
BY THE COURT, ~
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Joseph L. Hitchings, Esquire
Ms. Jean Elinor Ward Brawner Munsey. pro sc
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5. The l'laintilrs posilion on custody is as li,lIows: Scc allachcd (lrder.
6. The Defend.II1I's position on custody is as Ji,lIows: Sce allachcu OrdL'r.
7. Neeu lilr separate counsel 10 represcnt child(ren): Neithcr party requcsteu.
R. Nced Jill' inuependent psychological cvaluation or counseling: Nonc requcslcu and the
Concilialor uoes lUll believe any is necessary.
9. Other malleI'S or comments: The grandparents in this case have hau eustouy of the
minor chiluren in excess of six years. In 1994. the court in Marylanu, by its Oruer uateu July 14.
1994. awardeu shared guardianship (which appears 10 be shared cUSlouy) of the minor ehiluren to
the granuparents. This was agreeu upon by Ihe natural falher anu nUlural mother.
The granuparenls wanted to confirm eustouy here in Pennsylvania. Aller they fileu the
complain I for custody, but prior to the conciliation, Ihe natural father uicu. The natural mother
was sent a copy of the complaint but it was returneu. The natural mother apparently occasionally
visits with the grandparents anu according to the grandparents. is satisfied with the existing
arrangement.
In any event, the Mother can petition the court if she feels aggrieved by this Order.
Date: January 29, 1999