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Home My WebLink About00-08833 . ~~ ,~ -< ~~iti!fi"jj~" ..' '. JULIE A. BANKES PLAINTIFF V. ROBERT E. BANKES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-8833 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Huhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 18th day of January, 2001, at 10:30 a.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. 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. FOR TIIE COURT, By: /s/ Hubert X. Gilroy. ~) Custody Conciliat The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR 1ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , '" . ~~ ~ - ,- ^~, ,,'~"' O~"~',"' H ,",' >,"''"'C''''~__~_,~" ~" n= 01 n --0 :1~ 3:~ CUt/;U;:i--il__/~<U' COLklT'/ P;:llf\"r(~VI \(:.I\J'[' _ 'I( ,vll..dl. 11'1 J.1.tJl &.~~ Z; 4~ 11'.0; 7tHtu ~ ~. df-!- li-!); !~ ~ ~ -d x14 ~ . I j . f , , 1';F1ilI!II_~il!'Wf:,,,;-r~~!iIj!f~~~___W'J'~-m"~~*,,~~j!l'19~~~~;Ti;;"~If~.f"-'Wi~"'" ''''':'3;.c~'''''~_'!'''-'\1il,~-';<_~1':'.~1i\''t,~Il<~~'~~.omj~'1!ffli~'!ii~~ , =, ~t.;i;. Plaintiff JAN /) 2 2!JUA IN THE COURT OF COMMON PLEAS OF N CUMBERLAND COUNTY, PENNSYLVANIA mUE A. BANKES, v. CIVIL ACTION - LAW : NO. tlCJaO -g-g- 33 : IN CUSTODY CIVIL TERM ROBERT E. BANKES, Defendant ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy. Esquire, the conciliator, at Cumberland County, Pennsylvania, on the day of ,2000, at o'clock _.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. 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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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 LAWYER AT ONCE. IFYOUDONOT 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, P A 17013 (717) 240-3166 - , - , ' ~^ _" ~. ~"O "~x JULIE A. BANKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. tJp-J'l33 : IN CUSTODY CIVIL TERM ROBERT E. BANKES, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Julie A Bankes, an adult individual currently residing at 7 Pine Road, Apartment 606, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Robert E. Bankes, an adult individual currently residing at 114 Second Street, Boiling Springs, Cumberland County, Pennsylvania, and whose mailing address is P.O. Box 316 Boiling Springs, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Courtney Lynn Bankes, born May 27, 1992. The child was not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Julie A. Bankes 7 Pine Road, Apt. 606 Mount Holly Springs, P A 17065 June 1, 2000 to Present Julie A. Bankes Robert E. Bankes Shane Bankes 114 Second Street Boiling Springs, P A 17007 October 1998 to June 1, 2000 .'"'.,-,' -- ,e-' NAME ADDRESS DATES Julie A. Bankes 116 Third Street October 1997 to Robert E. Bankes Boiling Springs, P A 17007 October 1998 Julie A. Bankes 580 Gutshall Road August 1992 to Robert E. Bankes Boiling Springs, P A 17007 October 1997 The natural mother of the child is Julie A. Bankes who resides as aforesaid. She is married. The natural father of the child is Robert E. Bankes who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides alone with the child. 6. The relationship of the Defendant to the child is that of natural father. Defendant currently resides with Shane Bankes, his son from a former relationship 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: "..~-~ - " - 1 I!.J... .' -" "'~,~~' ~', c~ ;\!ic a) Plaintiff has been and continues to be the primary custodian for the parties child from the time of her birth through present; b) Defendant has shown an inability to provide for the financial, physical, or emotional needs of the child; c) Defendant has demonstrated a lack of interest in the child through his limited contact and absence of affection; 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the child. Respectfully submitted, t1~-?Ji~ Marylou atas, EsqUire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 - ,', ,,',', -','- '~ --""-- Ji&; VERIFICATION I 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 falsifications to authorities. DATE:j'J./'JO/M . ~~ fLJS~ IE A. BANKES, Plaintiff ~~j~~.\P.')-1"\l""'i!--:iH!i!,;;;:;&,~'_e0!:;,,-'w.~,.,Hh1J~3W-UfAll1i8iL";',~,"":ri",j,,";::lk,','q;",~1iW;;t9i:$"'~h$J~'h~&..~~!I!1;~~lIf'-"'" ~ n ~. -- 0 (/> <.fj ~ 0 -.S) ~ ~"~~O ,~ ,,>, .. '"U .-. ~'l'J~"'E!t'HiI'~ c\ ~~~ L';C-;~ rn[+, ;"2:,": "":7F" o. '3 (;':1,):,':' (j -<,' r--''',,; 1) ~; ~=-~ <I) ".... ( o cgl -- ;; ~:;;; c' --., -7 =s~ ~ ~ V"y C> cJ)~ -- \:> ~ o. c: :s: -Or1: ~r.- zr (/) -< !;' :! C:) Co::) .-,b :~ "T '2--;{ :::J I"~"l Cj !~...,) co i.,--' , ,';""-1 " ,-.~ ~, '-,,- r: ~,~ !.......L.:.;,~.., :.-';. 25~~ ~ .OJ -< -~) ~-~-'" ~? '::> j..) , -"- - , IL ~ " ~, __ I,. ot< ~~ 1!*_lllWIl'i.\jl~;Bl~~",:l;,l.,' . . Plaintiff FEEl 1 3 201)j.;,~ : IN THE COURT OF COMMON PLEAS OF .J!1\\ : CUMBERLAND COUNTY, PENNSYLVANIA mUE A. BANKES, v. : CIVIL ACTION - LAW l ROBERT E. BANKES, Defendant : NO. 00-8833 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this' '}/tA day of F~ , 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. 1. y t ,,~.f\ 3,0 \ 6'( ~.1 V~ o \\1\ cc: Marylol\ Matas, Esquire Attorney for Plaintiff Robert E. Bankes, Defendant, pro se " , .,'" ~~,,-,,,~,, ;~g',~' "^. .'.--.'.;,." N-- "" .~, _ ,JTf;.RY O! J PH 3: h {'l fl,,':':",,~~'~ ' n-"'U'in' ...,iUnt".-,,-, ;~,,' (,.)J!'l FENNSYLVi\NIA " ,,'}' if I :1 - ~~~1H~"~~U~"f"II'~';O!'~~~'F~i'f">;f,&;~~~"'WI"";j~,,,"#<!,!~l'R'~IW.3'~~~~"~'''';;"-"~';'i ""~ '"'.,,'C ,r"",,'L=c !...~'h I 'LJ> "......... "--~';#,#;-" mUE A. BANKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT E. BANKES, Defendant : NO. 00-8833 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JULIE A. BANKES, (hereinafter referred to as "Mother") and ROBERT E. BANKES, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely COURTNEY LYNN BANKES, born May 27, 1992, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their ChIld. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: I. Mother and Father shall have shared legal custody ofthe child. 2. Mother shall have primary physical or custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: <'~ ,- 'L). Ln., '; L ~~ ~ > .~ ," ,.~ '~<!~~"'-\k&?~" a.) Every weekday, when the child is in school, from 4:15 p.m. until 5: 15 p.m.; b.) On alternating weekends from 4: 15 p.m. on Fridays until 6:00 p.m. on Sunday; and c.) At other times as the parties may agree. 4. Father agrees to provide transportation and appropriate accommodations, including meals, during his period of partial custody. 5. During the Thanksgiving holiday, custody shall be shared between Mother and Father as follows: a.) Period one shall be from Wednesday, the day before Thanksgiving, at 1:00 p.m. until 1 :00 p.m. on Thanksgiving Day. b.) Period two shall be from 1:00 p.m. on Thanksgiving Day until 1:00 p.m. Friday, the day after Thanksgiving. Father shall have physical custody of the child for the first period set forth above and Mother shall have the second period set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have the first period set forth above and Father shall have the second period set forth above for the year 2002 and all odd numbered years thereafter. 6. During the Christmas holiday, custody shall be shared between Mother and Father as follows: ~' -, ,,,",,: II' t, ' , "' e:,.'''';'jjb:: a.) Period one shall be from Christmas Eve, December 24'\ at 1:00 p.m. until 1:00 p.m. on Christmas Day, December 25'h. b.) Period two shall be from Christmas Day, December 25'\ at 1:00 p.m. until 1:00 p.m. on December 26'h. Mother shall have physical custody of the child for the first period set forth above and Father shall have the second period set forth above in the year 2001 and all odd numbered years thereafter. Father shall have the first period set forth above and Mother shall have the second period set forth above for the year 2002 and all odd numbered years thereafter. 7. If during Mother's or Father's period of custody a parent is unable to directly care for the child and must make arrangements for a baby-sitter for a period of five (5) hours or more, the non-custodial parent shall have the right of first refusal to provide care for the child and the custodial parent shall make reasonable efforts to contact the non- custodial parent and make the child available for the non-custodial parent to care for the child during this time. 8. The parties will attempt to accommodate an arrangement where the child shall always be with the Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day weekend or Father's Day weekend. 4'~~'''''''''~' "I -= \ .---, ~~"'-" 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the property medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12, The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. ~"-. = '," I,! 0 ~"j - -~ " .~ , i ~ -. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: 1ft (ak t*t~ J.. kJo I Date 2-'&-0/ Date ~AL A ~~ JUL A. BAN S ROBERT E. B S - '~'~~i",- ""~~j~E1im'!\l1,"i,.,""l,.}.i"~!:";\,''f<1'&-l''J-.'f;,i$",!i.<!j);Mi>0~i\o!,!ili'''.1j,--,>,,,; ,-,;,;,It:.-",'m,_,!,',<, """""":,,N,,-.'->" "';,,!,":@~Riid~-j;.ij;~~.j"""-"':,,",~i'l>""';W_JF~"""~,'~l~liiii&i~I.i;MIw.<Jitj",~Ml.~ o~ ff ~(:~J Ji (~) -=:;-( .-I .P-f:,; :'3 -, '" ~ j,,_.'U,_~~].kU"h""<O_~~~',~,~, ~~ .~~,.,. ~" ,~ > '<'-' "'.""",~, y,"" <.~ o r- ~ -" c.-::' ;~~ -)1" ,'i/ -:~-CJ I tD -',,-",'! 1"-" "-:'.~3 ;2 ;'.",),L J\_J ;:,~~i ;fFa ,..J ~ :e -< c.- .(;- .!l