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HomeMy WebLinkAbout01-0657 FX -,-~--- ~'-' - ^ ."~'---~' , . ''''=',"--~I"'c'',~-=='--'''''='V-'-''_'''''''''"'''',"'',~'"",~,'~''''',' ~-~-.-Ji&i,""'''z.','' ._y",,,,,~~" ',,"' ;_""'"_::;; , GINGER L. WALKER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2001- (. S'7 JAMES S. WRIGHT STONE, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 31st day of January 2001, comes the Petitioner, Ginger L. Walker, by and through her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody, averring as follows: 1. The petitioner is Ginger L. Walker, an adult individual residing at 119 East North Street, Carlisle, Cnmberland County, Peunsylvania 17013. 2. The respondent is James S. Wrightstone, an adult individual of Carlisle, Cnmberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely, Austein J. Walker, born May 13, 2000. ~ - -,--" .< ' .- ~. ,--, , ,~~~, ,.;.,... --^-"~~ -. ..~"~;" -"'~^.",; ~"" . , ~ ;.c- -. , 'v' -~"';-:d':'t , 4. The child is presently in the primary custody of Petitioner. 5. Petitioner desires to retain primary physical of the child and establish joint legal custody and periods of partial physical custody with Respondent as can be mutually arranged between the parties. 6. The best interests and permanent welfare of the child requires that the Court grant the Petitioner's request as set forth above. 7. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody ofthe child and claims to have custody or visitation rights with respect to the child. 9. 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. "','~~~' ~ ~- ~ __ ,','" _'"~'~",-_'+" to """"~""-<I'_",,"_'_ - '~- -~' "'^,,-?-if 0""--,-'- h,",p ,-,~",-,>,,,,~"'-i,"""~__'""''-"~'' ' ,_ ,.,~~" ---",:__;.;,-~ WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting primary physical of the child to Petitioner and establishing joint legal custody and periods of partial physical custody with Respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~#M,^ Dougla . Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Ginger L. Walker Date: January 31, 2001 " "-" ,,~ . ,~_-;."': _ ---'", ,'~'~""ecc,"",,,_~"'" - _ .,~' , __~ ,,,__,~, " ,~ ~,:,,- -d'-N"~o."O"''',"",,-,,-__,,x_'' " -",- '>. .-t VERIFICATION The foregoing Petition for Custody on behalf of the Petitioner, Ginger L. Walker, is based upon information which has been gathered by counsel for the Petitioner in the preparation of this matter. The statements made in this Petitioner are true and correct to the best of the counsel's knowledge, information and belief. The Petitioner is presently out of the jurisdiction of the court and her verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifYing on behalf of the Petitioner according to 42 Pa.C.S.A. S I 024( c )(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~/I. ;J(A Dougla G. Miller, EsqUIre Date: January 31, 2001 !!.< Fi!...~D{}~FiCE OF .,~ F ~~,'C!"j-!C:\()TARY 01 JMJ 31 PI1 L: 18 C' "p,o,." t,',J" '-"'IJNTY 1..;I\o,ti~_: ii-.r ,: 'iJ lA.h.. j PENNSYLVANiA ~ I' - 0" .< '~,\J(, . GINGER L. WALKER PLAINTIFF V, JAMES S, WRIGHTSTONE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-657 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of February, 200 I, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliat at 4th Floor, Cumberland County Courthouse, Carlisle on the 7th day of Marcb ,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 THE COURT, By: Isl ]acquenneAf. \lerney.E~~ 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 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 1\ ;? q .tJ( oUi ,01 .;2, '/?o/ .- ,~.-~~- '. " OF ","-, ~-\,~c:\(.".rt e" '_j ;_1.....,( l \'..J 1.I'e_I.",-, ._"", .,-...,\ """r~o\j ,.,~ ';-:~:~,'J' ,,.--';~),\\U \1 ';[ \ \ D" ". C, I O\FEB-8 \'\'\!...., ,. '" '\ \'TV C' 1''''-'\'--''':]\ ::~'I".iU'" CUU\ll l;'\tDC" 'L.f I. , . '?Ei~NSYD/AI\!IA w- t~ /YI~ ~ JIj ~ 7!~~ ~Jf: &.~~~~"'~70' . '^ ~ ,~ j ,,""'"~,~>~ ,=_~,~ ,"_"~~",,,,,,,~"'~~~*t',I?"';:SB"~"'%F'fr~W!lffiro!5!:!I~~~g;~em':fl'j;"'"'F~Rr~~~~T ~ ~"'~ -". "~".' ~...-.'" " ~ " ~~~." L...... -' -. ~~- , - -'~"' . MAR 0 820Dl/t} GINGER L. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2001-657 CIVIL ACTION - LAW J JAMES S. WRIGHTSTONE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Cr day of Y>\lt-fL.rR ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Ginger L. Walker, and the Father, James S. Wrightstone, shall have shared legal custody of Austein 1. Walker, born May 13,2000. This shall mean that all decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after disc,llssion and consultation with each other, and with a view towards obtaining and following the child's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have periods of partial physical custody ofthe child as are age appropriate and as the parties agree. 4. Transportation shall be as agreed by the parties. The times and location of custody exchanges shall also be as the parties agree. 5.,; The parties shall keep each other advised immediately relative to any emergenci~s 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, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 6. The parties shall have reasonable telephone contact with the child, as is appropriate considering the age ofthe child, during the periods when the child is not in the custody of that party. ,""'"."',-....>>~'"~- '. ~~~ ........ . i-2bh, . 7. Neither party shall do anything that may estrange the child from the other party, or injure the opinion ofthe child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 8. Neither party shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 9. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such docnments include, but are not limited to, medical reports, academic and school report cards, and birth certificate. When the child is of the appropriate age, both parents may and are encouraged to attend school conferences and activities. 10. Neither party shall remove the child from the Commonwealth of Peunsylvania except for vacations when said party has custody of the child as provided herein. Each party agrees to inform the o~er party if he or she desires to remove the child from the Commonwealth of Pennsylvania by providing notice at least two (2) weeks prior to the anticipated date of departure. In such an instance, the party who desires to remove the child, shall provide the other parent with the general schedule of the planned vacation and its location or locations, along with a telephone nnmber or nnmbers, including area code, where the child may be reached. II. The Court of Common Pleas of Cnmberland County retains jurisdiction in this matter. 12. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, . IJ tl- 1. cc: Douglas G. Miller, Esquire - Counsel for Mother James S. Wrightstone - Pro Se 148 Oak Hill Road Carlisle, P A 17013 ,~ 1{\ \' ? ,0" V . ,'4 ~ '? ' ~ .,; . ~~ " -~ -~,~~ M _ ~ ~~ I ~ '"' . ~< ~"~,,~ ~ "'4"__';_> OF q'.ED-n;::pcc I,..;, , v, I 1_ T' ,- """-~I f""^T,AAY """i,-- ""'C1r"!I},!\tV ' '," _ J \ _ ~_~ "" . 01 HAR -9 rtj 3: /"9 CUMBEFiLAND COUNTY PENNSYLVANIA _,~","q'r ~i!lnOW'l~!fIfl'~~!!,,!_~ I'" ,~ ~~. '" ~'-^">,,""'- ....,f~,J'-'_r""'~ "~_"',,""~' ._.""""i!fO , ,~-""'~ ,,"~~~ ,-,-","", ~" _....".1 ~'. ~- ~ ,_ , - , ,- . , GINGER L. WALKER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. : 2001-657 CIVIL ACTION - LAW JAMES S. WRIGHTSTONE, Defendant IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austein 1. Walker May 13, 2000 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father did not appear. Mother was present with counsel, Douglas G. Miller, Esquire. Counsel for Mother indicated that notice of the conciliation conference was mailed to the address that the Domestic Relations Office uses and that notice had not been returned. Mother indicated that Father was aware ofthe conference and that the parties attempted to resolve the matter by Stipulation. Father, however never signed the Stipulation. 3. An Order in the form attached was requested by Mother. 3-7-0! Date ~.;{ acq line M. Verney, Esquire Custody Conciliator ....tlIiI. 'f;I;;'..rnct, . N' , ____.u~-, , .- ," ~, L~ '" ,. ~-, ,__F,=, -_,"_~",_" ~-~_,,' ~,'," ." ,"'~~,,"',-'->c""-'~~-""'.;-"-~ _."._'.' , _ ", -,,;,-.'" FEB (11 ?OFJJ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GINGER L. WALKER, Petitioner v. CIVIL ACTION - LAW NO. 2001 - (,07 JAMES S. WRIGHTSTONE, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the _ day of , 2000 at _ . 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 this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 '"" , -'. - "~ -~""" -,~~ "" "- ,,',',.. - "',- ___, -"."., ..= ~,' -- -. ..--, - "=0= _, - ~' ',- AMERICANS WIm DISABILITIES ACT OF 1990 The Court of Common Pleas of Cnmberland 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 scheduling conference or hearing.