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Home My WebLink About01-1465 FX ~~" . . " " MAR 1 5 ?~ --........',:(j ~ . CHRISTA A. W ALTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 01 - J 'f1..5 CIVIL TERM : CIVIL ACTION - LAW RICHARD DIVEN, Defendant : IN CUSTODY " ORDER OF COURT AND NOW, this day of March 2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, Custody Conciliator, at on of ,2001, 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. . FOR THE COURT, By: , Esquire Custody Conciliator cc: James J. Kayer, Esquire Attorney for Plaintiff Richard Diven, Pro Se Defendant ~ ~ """,", ,., ..... "C.' ~ ',.. " ,~ " _,~ 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 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. James J. Kayer, Esquire Attomey for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 ~~l ~" ~ L .. ~~ ~ . I .~i_.1 ~~~ -~-"~!li~~-- ~, "~lt~.",;k ... , . CHRISTA A. WALTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Ol - )'11.,15' CIVIL TERM : CIVIL ACTION - LAW RICHARD DIVEN, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Christa A. Walter, by and through his attomey, James J. Kayer, Esquire and who does hereby aver as follows: 1. Plaintiff is Christa A. Walter, an adult individual, residing at 13 Betty Nelson Court, , Carlisle, Cwnberland County, Pennsylvania, 17013 i , 2. Defendant is Richard Devin, an adult individual, whose current address is 710 N. I Middleton Road, Carlisle Cwnberland County, Pennsylvania, 17013,. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Taylor M. Diven, 13 Betty Nelson Court, C;arlisle, PA, born October 5,1996. The child was born out of wedlock. The child is presently in the custodx of the mother, Christa Walker. Since birth, the child has resided with the following person(s) at the below address(es): I October 5, 1996 to July 2000: With mother and father, Christa Walter and Richard Devin at 13 Betty Nelson Court, Carlisle, P A July 2000 to December 2000: With mother, and maternal grandmother, Sandy Walter at 2250 Newville Road, Carlisle, PA January 2001 to Present: With mother at 13 Betty Nelson Court, Carlisle, PA. _--.l.o.,~. ~~_ _......._ . ~ 1"'_'_';" ... , . , 4. The mother of the child is Christa A. Walter. She is not married. 5. The father of the child is Richarcl Devin. He is not married. 6. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently , resides with the following person(s): Name i Relationship I None 7. The relationship of the defendant to the child is that of father. The Defendant currently resides with child and the following person(s): Name Relationship Unknown 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by confirming primary physical custody of the child to the mother and establishing a set schedule for the father to enj oy access to the child. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other I persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: - , Name None ~ i"",," , . ....: ".~ >$;;-' ~ " Address Basis of Claim WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. I I Respectfully submitted, '7 (I:} 10 I , .. , - !t!ll!llll'i'.., . . VERIFICATION OF PLEADINGS The foregoing document is b<;sed upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my COlUlsel and not my o\;n. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infoljmation and belief. To the extent that the contents of the , statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are mad~ subject to the penalties of 18 PA. C.S. S 4904, relating to ullsworn falsification to authorities. Date: J~ /-tJl '- /Ji! ~ ~ J fA 1QjOA ! ! ..~--~- . " '0" "' , '~...' '~ " ""'!Iitli;" .. CHRISTA A. WALTER PLAINTIFF V. RICHARD DIVEN DEFENDANT .IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1465 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cnmberland County Courthouse, Carlisle on Wednesday, April 18, 2001 at 1:30 p.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 Jacqueline M. Verney. Esq.{;I Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with D1.sabilites 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 TOYOURATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORlli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I i_' '...... .""""'~_' ~~ ~'Iili1I~~~~'''""'' , '~"" "'-'.'il"iJ~~"~~iiIJ;'ili~>li~Th.'i.;,'''Iio,,;''''''''",,-,_N'''''':''''l';''':-iJ1l-;r,.liiifJJi,i;ii'iif1ifFl_~" .---'...~_... ~~m~iiil~*,~~!I$.!lI~t!i'" ," ._ , " ;;:/ ~ r ,~~ I~_ u'(,1frkp I "-#'~~??~ ~-? ~~-~~n ,{, l1Nb/!'l J/vno) C!~q~Y~~r:J . ~ ""/..,g-"1 'JI;'.I/'", ";'1/\..1 ~ ' I";,U ."', I ' '(; 1:/,.1 'V q,;> '"'' "(.; OiJ}"J;" -., U ~, ." . ,~ ~, ~ .~~~. ~, ,~ .~ ~ ~ .,~ /cJ'1C"P 1(J-1C"- [ / (/-1C". [" , ~ . ,~~. ~ ~ J" . , ".~ ,'. , ~ I'!iY' t- ,', APR 2 0 200i&" CHRISTA A. WALTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA V. : NO. 2001-1465 CIVIL TERM RICHARD DIVEN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Z'3-e' dayof 141'1"'( ,2001,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Christa A. Walter, and the Father, Richard Diven, shall have shared legal custody of Taylor M. Diven, born October 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child with Father having periods of partial custody as follows: A. Beginning April 21, 2001 alternating weekends from Saturday at 10:00 a.m. to Sunday at 8:00 p.m. B. Weekdays at times agreed by the parties. 3. to 8:00 p.m. 8:00 p.m. Mother shall have custody of the child on Mother's Day from 10:00 a.m. Father shall have custody of the child on Father's Day from 10:00 a.m. to 4. The Christmas holiday shall be in two blocks which shall be alternated by the parties with Block A being December 24, at 10:00 a.m. to December 25 at 12:00 noon and Block B being from December 25 at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years; Father shall have Block A in even numbered years. 5. The parties shall alternate the following holidays, Memorial Day, July Fourth, Labor Day, Halloween, Thanksgiving, New Years, and Easter with Father having Memorial Day in 2001. i~~Mlli~;ujiwil1ii._'" '& ",.dlil~""f<\,H!biRJ",-",'<t.' , ~Jli$!jli!l'~J>>!lli:tkl!Uful'i>.*,-,~i;',.;"'-"-<"""-,,,,,",~--'^ ",,""",,"-'~ ","^x^,~ ..~~~ . _~~_ _, _<, < L.,~"-y",.",...,, l--.."""""'""_......"~.~ 'v'lN'v'A1Ab'NN3d MNflOO QN'1/'1tB8V'lf10 96:1) Wd }~z UdV 10 !U',JI'OI\I'\)"~ilC\k~,lU' "0 r,QV,l.: ., ".,r\",,'.l ,~'i 1':" ;;1 38\:lJO-rJ31!:l "..~~., ".""--'<''''''.~''', '&.~,,'~ .^-"~.~";~ , --""'-'.'bII^ .. l.,,,",~ l1'i[ , , <> ~~ , " . , . ,',-""" -' ~ "'" ~~ '. . ~. " - I ~ :~t; \'" ~.. 6. Father shall notify Mother ifhe is going to be more than fifteen (15) minutes late picking up the child. If Father fails to notify Mother, Father will forfeit his period of custody if more than fifteen minutes late. Father shall notify Mother to cancel his periods of partial physical custody as soon as practicable. 7. Transportation shall be as agreed by the parties. Only the parties shall transport the child. 8. During their periods of custody, the parties shall not use illegal drugs. 9. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, 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 ofthe child. 10. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the 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. 11. Father shall continue to take all prescribed medication, attend counseling or therapy and follow all of his doctor's recommendations until discharged. 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, .dd- 1. cc: James 1. Kayer, Esquire - Counsel for Mother Richard Diven, Pro se 710 N. Middleton Road ~ ~ Carlisle, P A 17013 'f..;JY.O/ ;;"'" " . "'" . ~ ~ ~ , ,~~~,j ., ]' [ ~~ ~ ~.!!i:t.!I":Mt;.,' CHRISTA A. WALTER, Plaintiff APR 2 0 2001 '~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA V. RICHARD DIVEN, Defendant : 2001-1465 CIVIL TERM : CIVIL ACTION - LAW : 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor M. Divan October 5,1996 Mother 2. A Conciliation Conference was held in this matter on April 18, 2001. Mother, Christa A. Walter, was present with counsel, James J. Kayer, Esquire. Father, Richard Diven, although he received notice of the conference, did not appear. 3. Mother requested an Order in the form attached. L!-li'-O/ Date ~{J, < 7h.~" cqu me M. Verney, Esquire Custody Conciliator