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Home My WebLink About01-2119 FX APR 11 Z001 ffJ v ~ JUANITA L. SHANK, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : IN CUSTODY : NO. ol-)ll9 CIVIL TERM FREDERICK S. WRIGHT, DEFENDANT ORDER OF COURT AND NOW, this _ day of ,2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at on the day of ,2001, 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 the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TillS 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, P A 17013 (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. . ,,,--V-.,, r . '"- , -', , . 1 " c' 0 . " . ~ JUANITA 1. SHANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. , CML ACTION - LAW IN CUSTODY FREDERICK S. WRIGHT, Defendant. NO. 01 -2//'1 CML COMPLAINT FOR CUSTODY Plaintiff, Juanita 1. Shank, hereby files this complaint for shared legal and primary physical custody of her child, Arianna Morgan Wright, born on July 13, 1997. 1. The plaintiff is Juanita 1. Shank, residing at 119'12 Chapel Avenue, Carlisle, Cumberland County. 2. The defendant is Frederick S. Wright, residing at 455 North West Street, Carlisle, Cumberland County. 3. Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Arianna Morgan Wright 119'12 Chapel Ave., Carlisle 3 The child was born out of wedlock. The child is presently in the custody of Juanita 1. Shank, who resides at 119'12 Chapel Avenue, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Juanita 1. Shank 119'12 Chapel Ave. Carlisle, P A June 1998-Present '-"',T;. "h -",1-_ ,.", '--M"-" _ _,'.<.., ,- ,t.-..""" ,'_ ,'_~ .,,; j _ " ~ r,- n.'__ -', , ~ \ Juanita L. Shank Safe Harbor Sept. 1997-June 1998 Carlisle, P A Juanita L. Shank Lincoln Hotel July 1997 -Sept. 1997 Frederick Wright Carlisle, P A The mother of the child is Juanita L. Shank, currently residing at 119Yz Chapel Avenue, Carlisle, Pennsylvania. She is single. The father of the child is Frederick Wright, currently residing at 455 N. West Street, Carlisle, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Arianna Morgan Wright Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Mae Wright Mother Michael Wright Son Steve Jackson Brother 6. 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 ,:-i~.. ." ,...._,_,.,-",'h~""'_',""','_,,'"~,_~_,_=_ "'"-', '-,' :'.l'~.I-! .'.".=__., ".-....." ".f 'J "" ". ",~-'- - -.. , .. j ~, 1 -~ \ ~~- . s -, . court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother has been the child's primary caregiver since birth; b) Mother has bathed the child, fed her, made sure she received medical care when necessary, and provided her with clothing, since the child's birth; c) Mother is better able to provide the child with a home with adequate moral, emotional and physical surroundings, as required to meet the child's needs; d) Father has a substance abuse problem. 8. 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. WHEREFORE, plaintiff requests the court to grant her shared legal and primary physical custody of the child, subject to supervised visitation by the Father. ~-a' ~ lie B. Miller CertIfied Legal Intern , Date: 4 / 10/0 I , ~p~iJ- ROBERT R. RAINS TERI L. HENNING Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 - ~ .,. --.",-, ,. . -""<'""r,'"" "'~' "-'l!>~-' ". ~-'- - '<-, -. . .. .,. - '--1-~7~ ". ~ . , ~ \ , VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date:S!Ci 7/01 ~~O J ita Shank Plaintiff c.'" "J~L," , "1"" ,- ........"'. .~;. <:..s "'" "''I 'r., d ,~~ . czt, 'flItIIIIIIIII, _~~~~,~, A"' _.' _=.~,':'!l_ ;1I!!!\!IIiL~ ~...........MII _ ~- _A' ~ ~~, ,_ "-",,n' _ -'0 r-,-; C) r--'. '::.~:= < I C) ",(A) -n .,,', r:'? t){n ::-~:: :D -< ':.n _""'!1'_.,illl~~~~"9'''';N'f'-;'~'''~1''W'R''~''I'''~rre'~fj:~~%'f)f,~~ft!;!1'f'1B:$~~~~ WANITA L. SHANK PLAINTIFF V. FREDERICK S. WRIGHT DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2119 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respectiye counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 09, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolye 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 fiye 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. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: Isl Jacqueline M. Verney. Esq6/J Custody Couciliator 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 ayailable to disabled indiyiduals haYing 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A yenue Carlisle, Pennsylyania 17013 Telephone (717) 249-3166 ~"'l:;} "" ~ .~,,~ " ".0'.' ;, -"':w:.'",,,,~_,,_",,,,, --, ~ ~ "",,,,,,,_",,,,,!.,!ll(l!'!llli "- I ~ , , 1 ~-~~~llf~;:~!,<M~iill!'Wi."Wdilli~ltr.l~mi~~fl~J&."'-t~M>a>'b;>il""';:"'-"'L_'Ad,It;L"i'...k:)i","~X,hlltm~!!ilO~ 1':"'~tIjlililllilmJilll_m~~I!Ii'\U- 11~(iMl""<" . , - \;} .' ':~'. \;ll~ j\ ,-' , ~',_ " ~ :~\;: >,_::9~~\<\'1 '""', l~,; '_'_~-' ,r-,\:' \: '_\,\\~\r\ \..;,---\1 :?~~J_;;.\\~:\l-."'J Jf/f'~/ M- tt1J1 ~ Z r;:J. Y L//~tJI (J1~ ~ ~ 1#- 011-jl ~~ ~ 4~.o;rd- ." ,"~ ,,'." ~~ , , '~~i 13 . 6 APR 1. 1. 2001/1J JUANlTA L. SHANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION-LAW FREDERICK S. WRIGHT, Defendant NO. 01- j(//9 CNIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Juanita L. Shank, Plaintiff, to proceed in forma pauperis. I, Julie B. Miller, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that lam providing free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. ie B. Mil er ertified Legal Intern ~ J i:; - ROBERT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE F AMlL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 "1"',"~^ ~, " ,~,. ~1_ . ,. ~ ~~~M ' , JUANITA L. SHANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW FREDERICK S. WRIGHT, Defendant : NO. 01- CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS I. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Juanita Shank Address: 11972 Chapel Ave., Carlisle, PA 17013 Social Security No.: 200-60-5136 (b) Employment If you are presently employed, state Employer: Receiving unemployment - $ 146/week (net) Address: Salary or wages per month: $ Type of work: If you are presently unemployed, state Date oflast employment: 11/2000 Salary or wages per month: $6.25/hour Type of work: Clerk - JFC Temporary Service (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: \,....l! 1I , .^ ,'" '""''f''~-I~'''- J . -~"'" "~~ , Support payments: Disability payments: Unemployment compensation and supplemental benefits: $146/week Workman's compensation: Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: $11 Savings account: Daughter's account- $30 Certificates of deposit: Real estate (including home): Motor vehicle: 1992 Saturn Cost, Amount Owed: Cost: $1,600, Amount Owed: $0 Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $110 per month Loans: Other: Fines: $ 40 per month Gas: $ 30 per month Electric: $ 100 per month Credit Cards: $ 1,700 (in default) Taxes: $ 400 (owed) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: AriannaMorgan Wright Age: 3 Other persons: Name: Relationship: 'Tii<;'l., ,,,,,[, , . .. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date ~/J-7 (0/ 'rr:4-~_~~I' - _,~ _ -"_ . ". _!!" -~- ,., ~~~ ~ ,- ~ >, 1 tS~ ~._~ ~k,_ -,- _c~_,~L"~___ __~,d. <.. ,.. ~ -_~ . "_-"0', -~ ..." T "~ ~_ _ , __..~r_ "- .:.< . ... o (~ -n (') ~ -u'-- [J:; C: --,.,>- '/..1- ()) l-:;:) ~C 'j..~ :r.:'!> :J ri1-:; f",) :11 -'.-; ~J -< "~"",,~",,!liIiOOI!lII~~'lW";$I"<7~[t~:"""~(,I'~<iJ""'~'i?'.c'"""@r,m-"''''''''tIiW~l'i~~"lll'g~~~6"!l'j,"lllil#::Wj;\\!I~~,~_iji@iffi JUANITA L. SHANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FREDERICK S. WRIGHT, Defendant. CNIL ACTION - LAW IN CUSTODY NO. 01-2119 CNIL PROOF OF SERVICE I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Custody on Frederick S. Wright, residing at 455 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Frederick S. Wright on the 11th day of April, 2001, as evidenced by his signature on the attached green card. /f!~ Julie B. Mi ler Certified Legal Intern ~ . FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I 1 ~.~ :C'~. "i c.~1 j;,~~ ,-- '_ T'_ t I T . , , ~ : l'_~, fSvl "'"..~'""' ~ \ c' c 52~.. 0~l~ r:::[= ~~:~., :5:~ f -< ,~. r'.,-~ .,- , ,-"' ,"'--1" ~,--J j. .. ..,.".....~ ~,~I!Il[lmI!ll!'lllli~!>>ii~'!jj';,~00<P'~"!$.,~,~:;'\)"."0Wj<q-"~'\f'Wl:,tPi'"""I!'lO';nr~~~~~~"fl'~~~~ ...... l'- ..JJ <r -!I Postage $ tr' rr- Certified Fee =r- Return Receipt Fee I:Q (Endorsel1'!ent Required) ...... o Restricted Delivsl)' Fee C (Endorsement Required) c:I Total Postage & Fees c:I =r- I'TI . .~Pi~teitems {' 2, and:!. A1sO~;mplete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse SO~lat we can return the card to you. . Attabn this card to the back of the mailpiece, or on the front if space permits. " C. Signature xpw. 1. Article Addres~ to: HElJelllC/( 5: /iiI t-/6i1' '.1/55 AIl/tlC6T 6fhl: ~{!fI12L15L6: III 17tJ/3 a"ERr ) c 3. Service Type ,..2!certified Mail o Registered o Insured Mail o Express Mail ~eturn Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) os '71 102595-99-M-1789 - ~i:liJ,jtfe:'f;;;~~~~;;t'lii,-'i\~<l \"#~, , .......".. -, JUANITAL. SHANK, Plaintiff MAY 0 9 2001~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2001-2119 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY FREDERICK S. WRIGHT, Defendant ORDER OF COURT AND NOW, this l \ day of ~ ,2001, upon consideration of the attached Custody Conciliation Report,'it is ordered and directed as follows: I. The Mother, Juanita 1. Shank, shall have sole legal custody of Arianna Morgan Wright, born July 13, 1997. 2. The Mother shall have primary physical custody ofthe child. 3. The Father shall have periods of partial physical custody of the child as the parties agree. 4. 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. J. cc: Julie B. Miller, certified legal intern - Counsel for Mother Frederick S. Wright - Pro Se 455 North West Street Carlisle, P A 17013 ~ /Yl..J-~'<' 5_ 1'l_OJ ~ , I, " ~~ . ~'_9 ~ '. ~ >- n- ~:;. I~ ~ LU:",,< ~_?C'~< c5~ ;' ; ,-''',C', ~~: f:.~--- l.L o 'il 0>J Lr.' C '7 '5 (.......~ ~':z --' ,c( Q~' /;;:' "'(() .:JZ C:c;z \.Ll'tU GOo... ::2; ::J U '= - ~""- ~..: ;r..- ~: ;,lC c, ..~ ~, ~1!m,,,,",,,,,~,,,,,_ 1. " ,-, ~~ "~.~ ~_~ _ ,_~_". _"",_'~' ., __""e" ,..,_ DO , ''""''lff,f;~1liq:~~,;6H!;)k''{~f ",_,r' "....,_,~~.W'l:.;"~~I"""''#<i\('.y;t'''!mAA''''~~,iW,~~lW!~t~~''''''''''''"'''' _,.~_,,~ ~~;%J!f~ii;~;f~'j~~ii;,rfr;f:J1ift~J_ 'i'W)~_"""f'" MAY 0 9 2001 t:# JUANITA L. SHANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2001-2119 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY V. FREDERICK S. WRIGHT, Defendant 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 Arianna Morgan Wright July 13,1997 Mother 2. A Conciliation Conference was held in this matter on May 9, 200l. Father, Frederick S. Wright did not appear although he received notice of the conference. Mother, Juanita 1. Shank, was present with counsel from the Dickinson Family Law Clinic, Julie B. Miller, certified Legal Intern and Teri 1. Henning, Esquire, supervising attorney. 3. An Order in the form attached was requested by Mother. ~-9 -01 Date ,~jth/ cq ine M. Verney, Esquire Custody Conciliator ~ . - - "'-~,~ ~ " - C I l-~,~""""""~t_~