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Home My WebLink About01-03648 ;-, "> " L . ,~ ).: l"- '\\~~ , , I.. George Gonzales, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-3648 Civil Term Sharon Luker, DefendanURespondent CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 2lf f-/:,day of ~u:nl!.. , 2001, upon review and consideration of Plaintiff/Petitioner's Emergency Petition for Special Relief, it is hereby; ORDERED, that a hearing on the matter shall be held on the .'f-lJc, day of M ,2001, :~:3() a.m.~ in courtroom number / , at: ~'t~-$ Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 BY THE COURT: J. ~" i ! I I I i 'I ';j 1 I 1 I',~ I,,',:',' II ,<1 1<_- '^ -~- rlll, ",,-"1111 _I/IJ:;l"""/'''o/"''_t ,,-"" - -, - , Cr ',\. 1")' r;:\); f-' ,!.... i\\H r)b 0\ "".' c:y\ 1 " ,. >,,~-,,', ,- hi"! CUU~~T'( C\JM\:ic..1 \\.-,i;:\;,\ I t-. ~.\\ f\ ?tN\\.b \ 1.-.'1 >,\ "r ,/~ - ,,~- ~. ~- ~!",,-,. "" 0 " " ~ . ~ I-' ~ ~ ~~, H 1! ,.. l~'J.n_~~!t~"N---i~~crn .5 ~"7-~'" r'~"'to~"._:' ~~-~~~~~':Y::"c?" _,w~:~~,_:;;r_1, ~o~~i .1 ""~~J,C:o ~ . ' " . George Gonzales, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-3648 Civil Term Sharon Luker, DefendanURespondent CIVIL ACTION - LAW IN CUSTODY TEMPORARY EMERGENCY CUSTODY ORDER AND NOW, this day of , 2001, after review and consideration of the foregoing Petition for Special Relief it is hereby; ORDERED, that: 1. Petitioner, George Gonzales, shall be permitted to take his daughters, Kristi Lynne Luker, 1 0/18/92 and Margaret Karli Gonzales, 12/9/94, on vacation to Long Beach Island, New Jersey, from July 15, 2001, through July 20,2001. BY THE COURT: J. ,"''' -"- 1..- > -""""....~.;:-, L . ' .. . George Gonzales, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-3648 Civil Term Sharon Luker, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 NOW COMES Petitioner, George Gonzales, by and through his attorney, James A Miller, Esquire, and respectfully petitions your Honorable Court for special relief and award Petitioner the right to take his children on summer vacation from July 15 through July 20, 2001, and for reasons therefor states: 1. Petitioner is George Gonzales (hereinafter "Father"). 2. Respondent is Sharon Luker (hereinafter "Mother"). 3. The parties are the parents of the minor children, Kristi Lynne Luker, 1 0/18/92 and Margaret Karli Gonzales, 12/9/94. 4. On or about June 11, 2001, Father filed for partial custody seeking to establish a reasonable schedule for time with his children. 5. There is presently no custody order in place granting Father specific times with his children. 6. Since initiating this action, Mother has been negatively responding on a consistent basis to Father's requests for custodial periods. 7. A custody conference before Melissa Greevy, Esquire, is scheduled for Monday, July 23, 2001, at 3:00 p.m. 8. Father has arranged to vacation at Long Beach Island, New Jersey from July 15, 2001 through July 20, 2001. "'~, ,-, ""_'",~ ,~' J -', . " ~I . ~iJ!;!'-I~N~ , , 9. Father has requested that Mother permit Father to take his children on vacation with him during the time referenced in preceding paragraph 8. 10. Mother has definitively and steadfastly denied Father his request to vacation with his daughters. 11. Pending the July 23, 2001, custody conference, Father's only avenue available affording him the right to vacation with his daughters is through your Honorable Court. 12. Your Honorable Court has the authority to grant the relief requested herein. - WHEREFORE, pursuant to Pa. R.C.P. 1915.13, Father respectfully requests your Honorable Court to grant Father the right to vacation with his daughters from July 15, 2001, through July 20, 2001. Respectfully submitted, I I ~ '-f. ( l~. James . Miller, Esquire arket Street Camp Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sadlon 4904 'elatio. to "o"",m fal,,,,,,,tion 10 ~"'h"/ DATE: June21,2001 /,~.44- George Gonzales , " /'i'1!!~ ~,~ ' "" : '_'L ^' "....:;;'.1:. ~ -,," " ,.. ~". . George Gonzales, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-3648 Civil Term Sharon Luker, DefendanURespondent CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that a copy of the foregoing petition have been served upon the following person(s) in the following manner: Date: United States First Class Mail Sharon Luker 2429 Clover Drive Mechanicsburg, PA 17055 ~({~ By: Jam A. Miller, Esq. 2 0 Market Street amp Hill, PA 17011 (717) 737-6400 ~.f'{~: .'-J ~t.lDj]'--j.:lt~'I.II~~.i;;';' "\~!1IJ';"'~'~~"""-~ iimjit4f1iiii:i1t~~'i ~ llJi ..\ ,~: .J;' p"",;.;e.. ~.;.. . ~ ~ tsr - - (y C) :J C> ~ ---0 f ~ ? -- - ~ ? m ~.'".,;-~~"' (lli ,-..;-,~ ." """ --",'. 1li~lllI*r- =~" (') < ' r'" ,- Z ;= -0(;:', miTt ;,~ ;'::::-X.' ~ ,. f'..) (J) , f'..) ,~ -< () ~C~i " 'oz;-n c:,:C-j ~s~~ L_C' J::) >c'. Z t-,,) s' =< ::0 ...j -< "n' ~, 'I~,:.. s: f ~i f: r i Ii ~. Ii I: j! II ! '_c',_C'_c_',._"_,""";--'-'-' " MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 CampHiJI,PA 17011 Telephone No. (717) 909-4060 Attorneys for DefendantfRespondent ",,--",--,~,--< ',I--~ I , , , GEORGE GONZALES, PlaintifflPetitioner v. SHARON LUKER, Defendant/Respondent TO: George Gonzales c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-3648 CIVIL TERM :CIVIL ACTION-LAW :IN CUSTODY NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and Preliminary Objections to Petitioner's Emergency Petition for Special Relief within twenty (20) days from service hereof or a judgment may be entered against you. Date: July 4, 2001 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES O:d 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent '"'-' "-"-~""--'_.'" ~",~' ~"_ j ,,;L!__. ~_''-"_' I I, . , MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQumE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 CarnpHill, PA 17011 Telephone No. (717) 909-4060 Attorneys for DefendantlRespondent GEORGE GONZALES, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL V ANlA v. :NO. 01-3648 CIVIL TERM SHARON LUKER, Defendant/Respondent : CIVIL ACTION-LAW :IN CUSTODY ORDER AND NOW, this _ day of ,2001, upon consideration of the attached Answer and Preliminary Objections to Petitioner's Emergency Petition for Special Relief, it is hereby ordered that Petitioner's Emergency Petition for Special Relief is denied. It is also hereby directed that any requests by Plaintiff for partial custody of minor child Kristi Lynn Luker be stricken from any and all pleadings thereto. BY THE COURT: J. ,. , . "C",-,~.- 'd"d.' I", nJ , . . . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUmE Attorney J.D. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Respondent GEORGE GONZALES, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-3648 CIVIL TERM SHARON LUKER, DefendantlRespondent : CIVIL ACTION-LAW :IN CUSTODY ANSWER AND PRELIMINARY OBJECTIONS TO PETITIONER'S EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES DefendantlRespondent, Sharon Luker, by and through her attorney, Maria P. Cognetti, Esquire, and files the following Answer to Petitioner's Emergency Petition for Special Relief and in support thereof avers as follows: 1. Adrriitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties are the parents of Margaret Karli Luker-Gonzales, however, it is specifically denied that the parties are the parents of Kristi Lynn Luker. By way of further answer, Respondent is the biological mother ofKristi Lynn Luker, but Petitioner is not the biological father ofthis child. [It should also be noted that the names of the children were incorrectly spelled in the Emergency Petition. The correct spelling of the names of these children is Margaret Karli Luker- Gonzales and Kristi Lynn Luker. ] , . ,,,-,-- --,-, . , .~. .. ....""" ,=~~ <-.,..".,,<'-'C -'~~--'--'-' -' I_~,-,c.. , L, _H._J,'_' 4. Admitted in part, denied in part. It is admitted that on or about June 11,2001, Petitioner filed for partial custody. It is specifically denied that said complaint was filed to establish a reasonable time schedule with his "children." By way of further answer, Petitioner cannot establish a reasonable time with his "children" as Petitioner and Respondent have only one child together, that being Margaret Karli Luker-Gonzales. 5. Admitted in part, denied in part. It is admitted that there presently is no custody order in place. However, it is specifically denied that Petitioner has the legal right to establish a custody order which grants him specific times with his "children." By way of further answer, the only child which Petitioner is legally able to seek partial custody of is his biological daughter, Margaret Karli Luker-Gonzales, and not Kristi Lynn Luker. 6. Denied. It is specifically denied that Respondent has been negatively responding on a consistent basis to Father's request for custodial periods. By way of further answer, it has, in fact, been Petitioner who has been "negatively responding" to the current situation as Petitioner has not communicated to Respondent definitive custodial requests(i.e. actual dates and times for vacation) except to tell her that he was going to: "have an emergency custody order for both girls and take them away from her (Respondent)." 7. Admitted. 8. The truth of this averment contained in this paragraph is strictly within the knowledge of the Petitioner. 9. Admitted in part, denied in part. It is admitted that Petitioner requested that Respondent permit him to take his daughter, Margaret Karli Luker-Gonzales, and Kristi Lynn Luker on vacation. It is specifically denied that Petitioner requested to take the children on -2- - --~ ~,. ._-~._--~---""'-~-'",-"~-~ _.'-'" -'''''-~.~ ~,..~-"'~ ,~.~.~,<.~~ ,-_..- . .-- -"",,,,,.,,..,,.,,,-~.~~- , , ',"--,.,-' -,,-,,--..:,,~~_-,____ ~'-,,~,.z _","-,~=(, ,,_~_~~"'-"~,~ __u~, ..."_+_,,., I . . vacation during the time referenced in preceding paragraph 8. By way of further answer, Petitioner told Respondent that he was taking the children on vacation: "whether she liked it or not and she could not stop him," however, he failed to inform Respondent of the actual dates that he had scheduled or the location of this vacation. 10. Denied. By way of further answer, Respondent denied Petitioner's vacation requests for three reasons. First, Petitioner failed to provide Respondent with any of the appropriate and necessary information relative to the vacation, including the actual vacation dates, and location, and Respondent had no knowledge of this information until she received Petitioner's Emergency Petition for Special Relief, and therefore Respondent had already enrolled the children in a day camp for the entire summer. Second, Petitioner is not the natural father of Kristi Lynn Luker, and therefore he has no legal right to take her on a vacation without Respondent's consent. [It should also be noted that Kristi Lynn Luker adamantly opposes going on this vacation with Petitioner.] Finally, Petitioner informed Respondent that his girlfriend is also going on this vacation. Respondent also believes that Petitioner is also taking on this vacation his girlfriend's two children, a son, believed to be age 13, and a daughter, believed to be age 10. Respondent's daughters have met Petitioner's girlfriend. Respondent believes, however, that her daughters have not met the children of Petitioner's girlfriend. Respondent's daughters are ages 8 and 6, and due to their young ages, Respondent did not feel comfortable with them attending a vacation with persons who were virtually strangers to them. Respondent has attempted to communicate her feelings relative to this issue to Petitioner, however, she has been unsuccessful as Petitioner has said: "[w]ell they are going anyway." It should also be noted that Respondent's daughters have never been away from their mother for a lengthy period of time, and compounded with the fact -3- , """ ""'- ~,",.",-" ,- ___.,c,.'__, ;~;___",_~," ,__''_,d, _ .- .1. that they would be going with strangers, this vacation may be extremely difficult for them to handle. II. Denied. It is specifically denied that, while a custody conference is pending, this Honorable Court is the only avenue available affording Petitioner the right to vacation with his daughters. By way of further answer, Petitioner has no avenue available to him which can afford him the "right" to vacation with Kristi Lynn Luker as she is not his child. 12. Said averment is a conclusion oflaw to which no response is required. WHEREFORE, for the reasons mentioned above, Respondent respectfully requests that Petitioner's Emergency Petition for Special Reliefbe denied. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE PETITIONER'S EMERGENCY PETITION FOR SPECIAL RELIEF AND CUSTODY COMPLAINT AND NOW comes Defendant, Sharon Luker, by and through her attorney, Maria P. Cognetti, Esquire, and files the following Preliminary Objections and requests that this Honorable Court strike from any pleadings any requests by Plaintiff for partial custody of Kristi Lynn Luker and, in support thereof, avers as follows: I. Plaintiff, George Gonzales, has filed a Complaint in Custody seeking partial custody of Kristi Lynn Luker and Margaret Karli Luker-Gonzales. 2. Plaintiff has also filed an Emergency Petition for Special Relief in order to seek permission to take Kristi Lynn Luker and Margaret Karli Luker-Gonzales, both minors, on a vacation to Long Beach Island. -4- -~ _"_:~_, _~""""""-_ '"..._~,,",',''''''-"~ _ ~~-"",..,;m-=;bJ~"'::- ~ ~=".;!==r-""'-~'4'];\i1QK.""Wf{"'"w.\i~'(ij-,;p"";;:>j ",;,,-, '~c _C" '-""" ; P., 'oL,. I . , " . 3. Plaintiff is the natural father of Margaret Karli Luker-Gonzales, however he is not the natural father of Kristi Lynn Luker. 4. Plaintiff, therefore, lacks the capacity to sue both for partial custody of Kristi Lynn Luker and for permission to take her on a sunnner vacation, in accordance with Pa.R.C.P 1028. WHEREFORE, Defendant, Sharon Luker, respectfully requests that this Honorable Court grant her Preliminary Objections and strike from any pleadings any requests by Plaintiff for partial custody of Kristi Lynn Luker. Respectfully Submitted: Date: July 4,2001 By: MARIA P. COGNETTI & ASSOCIATES ~~ MARlAP. OGN I,ESQUlRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent -5- ,9,,-"-, -, -~,,', _~ "",-~ ""'''' ' -~"'\JP"r"",,d- .,. ,', ,---~,_",__".,-J ~L ." .' CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for DefendantJRespondent herein, do hereby certify that on this date I served the foregoing Answers and Preliminary Objections to Petitioner's Emergency Petition for Special Relief via fax and by depositing a true and exact copy thereof in the United States mail, fust class, postage prepaid, addressed as follows: James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17101 Maria P. ognetti E quire Sup. Ct. LD. #27 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for DefendantJRespondent Dated: ? l-f J 0 f -6- ~"^ ,.,_..o;"'-~'_-,,"",,'-,,"~'_, I "",-,_c, _".-_~,._" _x__ ,', c, i,___, i_~ " ", .' VERIFICATION I, SHARON LUKER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to authorities. DATE: '1'1 JO( ,-,~ 'W ,-., 6... ,,-" ~~ ~~,,~,~ H-'llIl.'ilib~~6_'~', '" .. --.. !f GEORGE GONZALES PLAINTIFF V. SHARON LUKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3648 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 23, 2001 at 3:00 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. M 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 TIIIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 "''"'''~,,,''''~'''' ~"' -- :ii ';1 I ,; ! I 1 , i ~ :' :1 I I j ! I 1 I I ;1 '1 'I! " _ ,_ M'_ OF "Ie :JT.A,RY "",' 'I"I?' U' ", (11'\. I V%.' iI _ 'I:"~,; '>. On lIt .,j- '..... CUM2t;:iLr,:'U COJN1Y PENNSYLVANIA , kcJl.C:Y w- ~ _ /1{~ -w ~ ~ ~c?/'CJI 'J1~ ~ Z ~- t -;Jr- tJ/ ~o/Y ~ 7# d1j~ - . ." - ,l!l!! ,=b!l:I~!l.~ _ ~ '__',."C,_ ...,. o;(""~i""f''''~'i',('f;''-~''0,j:qY'':'!':F"".,,,-rf$~~~~~r~.I~~Jl.J~~\li!1!, c, ,.,'. ;, ,,',-,';' ~'-,.;l; h. -",., .. , ',;;--1,.;,-" , _, "~_: ,',," ",';:'<'~'-:~;,,~c.,:<_",..,jj,'-,_~~: ~ ,- ~;Nlt\'" , . , , . r George Gonzales, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01- Jl.l.IP Cjc.>~l T~ Sharon Luker, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before, Esquire, the Conciliator, on the day of , 2001, at _ AlP.M., in Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 , :'""''''''''''P'L'-~>, .c', "I~, ~,~ --<,::;;.,-;-.~:,_". ',;, ,.' .c, '-",> . . - . J' George Gonzales, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. '0/.3(., C/ 'I C /6; J '~y,., Sharon Luker, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is George Gonzales residing at 2830 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant is Sharon Luker, residing at 2429 Clover Drive, Mechani~sburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks to confirm custody of the following children: Date of Birth children Kristi Lynne Luker Margaret Karli Gonzales 10/18/92 12/9/94 Kristi was born out of wedlock and Karli was not born out of wedlock and they are in the custody of Defendant. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATES Sharon Luker 2429 Clover Drive Mechanicsburg, PA 2/14/99 to 6/01 Sharon Luker George Gonzales 2429 Clover Drive Mechanicsburg, PA birth to 2/14/99 The mother of the children is Sharon Luker and is single. The father of the children is George Gonzales and is single. . -";'"';]-;,-1,.:,. 1 L . ,-' ,- _c'" -, _ .' ,"""~--.:.-,~,, -,;;' ,.::::__~-;) J;:'~' . "~- L1>' , . , ~ . 4. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides alone. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the minor children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: N/A WHEREFORE, Plaintiff requests the court to grant him partial physical custody of the minor children. R..,_", ,"bm;..Y_/0 James A iller, Esquire arket Street Camp Hill, PA 17011 (717) 737-6400 / . ~.-" ~,. .- ~ . J, 'd . ':1 ,-' -:,;-;-:;:,.~-,-;;' Coo', ,'~~ --~ _' ~, .,'~' - , ,. George Gonzales, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Sharon Luker, Defendant CIVIL ACTION - LAW IN CUSTODY 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. Section 4904 relating to unsworn falsification to authorities. DATE: b~t'Q/ /:1 ,.L/ " '"" if"',;.,,",,~'r """~.vilti~'n~j~~-- ... , . i 1','1' <, it l; i: ~ . . II vi II II !I I' t ! I ! ~~i ~ f . ~ ~ 8 ~ --.. -.0 -v ~ Ft 1- 0 c 0 C ~;-l ~~:~ ~.::: :::3 -rJ "'--'-'( rnH: '-- -<~1 8 Z::l_-' ~L . ;~~ ~?~:~ (j) ~.:~C? '::::.C) !;2G --0 -~j, p(-) ~t:: 03 _._.(1 ZC') N C..)n1 )>c:: ..... 7' :.> )0> =2 ~ - - ~""~ ~~ ,~_ ,~~ _"'~ "M_, _ .,~~ ~-, _' ~n . .~ ~ ;_ ' - ,'~'~I. ' ..' > .", .'-.i" ,- ~ '.~' "~~ Sharon Luker Praecipe for Entry/Withdrawal of Appearance GEORGE GONZALES, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3648 SHARON LUKER, Defendant : CIVIL ACTION - LAW : CUSTODY PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Sharon Luker, in the above captioned matter. Respectfully submitted, TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of Maria P. Cognetti, Esquire, as attorney for the Defendant, Sharon Luker, in the above-captioned matter. Respectfully submitted, I, ESQUIRE 210 Grandview nue Camp Hill, PA 17011 (717) 909-4060 ~k." lLill'~~~R~t>.f~@ii~~~4"";9<#AAlt~i<.":"~i:;iill""'iJ';j-*""'m~~"""",:'''''''l i!lL, _ ~^~ ^", , -" ~ ~,.,,'~ ,""~",- ,~ ",,<- .~ 'i.l.!tllI;!fiUiHW ~] ,..~-~ - ,-,,~. ._>-', ,.~ i I n 0 () c: -n ;s:: <::) ~fE n '~~ --I ~, ViS; 0'. ,--" . ~-,. '~_O ,~'O :>> -I":" ~O ::lI: 96 >~ 9 ~rn v. ~ ~ '< I .'" -, . , id_'_L _,.: 'J..:. ,,-~ . ~~ -", 'X' ':-_~C'~_~___<;'" ';'",",'\" "~";:"'ii-7\j .---,.'.-',--. ~ George Gonzales, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-3648 Sharon Luker, Defendant Civil Action - Law In Custody ORDER AND NOW, this~IJday of M::>l Z,H'7, upon review and consideration of the Stipulation for Custody, it is HEREBY; I ORDERED, that the Stipulation for Custody between Plaintiff, George Gonzales ("Father") and Defendant, Sharon Luker ("Mother") concerning legal and physical custody of Kristi Lynne Luker, DOB 10/18/92, and Margaret Karli Gonzales, DOB 12/9/94, shall be adopted as an Order of Court as follows: A. VISITATION' 1. Father shall have every other weekend from 7 p.m. Saturday to 8 a.m. Monday; 2. Should Father be going to visit an immediate family member, he will have the option once every six (6) months to take the children from Friday, 5 p.m. until Sunday, 5 p.m. This schedule is to be determined two (2) weeks in advance. Father will take or see that the children attend Catholic Church services during this weekend; and, 3. One (1) evening per week, after child care, until 7 p.m. will be spent with Father and any homework required for the following day will be completed as well as any regularly scheduled event shall be attended (Le., soccer, piano, swimming, etc.) B. HOLIDAYS' 1. Every other Thanksgiving; 2. Every Christmas Eve from 9 a.m. to 2 p.m.; 3. Every Christmas Day from 2 p.m. to 8 a.m. the following morning; 4. If Easter and/or Mother's Day falls on Father's weekend the children will share 1/2 of that day with Mother; 5. If Father's Day falls on Mother's weekend, the children will share 1/2 of that day with Father; and, 6. Father will take or see that the children attend Catholic Church services at anytime the children are with Father during the Catholic Church service hours. I j I I :1 "! '?""""-,,, '," >, ~ < - ,-, r~ t.! f, ~! lk i.;\f 7 -~- , "~!TJ;j.FlY " i~ (_' i .~ CUI"/:L~: -':u' ',; ,,:..:. (}.;;j;\jry PEr~NSYL~/J\:\J!A . - ~_~ _e, '" - -~I ..'''- -\?,,_.,'~",,""_'r~~~qf~~~:J'T";L-~~~~,1!~I~L~."'j'~~~I~~!,~'r~~~~'III~"~jiJ!'\t;!W'~?"'~~~11~l!D4ll'~i~rn~j)jt~I"~~~~' . t::......l -~ ; " - , ~. -,-~Ii.-"~.....;,~".i - , .,> :-, "--. ,-. ,,-,,' -.--,;;, -',--, C. SUMMER' 1. One (1) full week in the summer will be spent with Father. Thirty (30) days advance notice will be given. Father will take or see that the children are taken to a Catholic Church for church services that fall within that week D. MEDICAL INSURANCE- 1. Mother will provide coverage for the children while employed at the County of York. If employment ends or changes, this will be renegotiated. E. GENERAl: 1. Father and Mother will allow the children to make phone calls to the other parent upon their request; 2. Phone calls will be returned; 3. Father and Mother agree to inform each other when taking an overnight trip; and, 4. This Stipulation is entered by the parties as a guideline for custody. The parties are free to change it with mutual agreement of such changes. 5. Any additional three (3) days not necessarily consecutive will be spent with Father subject to one (1) week notice and agreement by both parties. BY THE COURT: , J. , L~ oS -07-0:<- -/:.0: ~ ~',\\eR Roli\ifF . ,-.' -',,- ,;. ';'~:: .... , , ,~i )" I, ' '" ".- ~ .-~ . lltii'I""-,,>iiiR:i) .. t .. George Gonzales, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-3648 Sharon Luker, Defendant Civil Action - Law In Custody STIPlTLA nON FOR CUSTODY AND NOW, this Stipulation for Custody between Plaintiff, George Gonzales ("Father") and Defendant, Sharon Luker ("Mother") concerning legal and physical custody of Kristi Lynne Luker, DOB 10/18/92, and Margaret Karli Gonzales, DOB 12/9/94, the parties hereby agree and stipulate as follows: A. VISITATION' 1. Father shall have every other weekend from 7 p.m. Saturday to 8 a.m. Monday; 2. Should Father be going to visit an immediate family member, he will have the option once every six (6) months to take the children from Friday, 5 p.m. until Sunday, 5 p.m. This schedule is to be detennined two (2) weeks in advance. Father will take or see that the children attend Catholic Church services during this weekend; and, 3. One (I) evening per week, after child care, until 7 p.m. will be spent with Father and any homework required for the following day will be completed as well as any regularly scheduled event shall be attended (i. e., soccer, piano, swimming, etc.) B. HOLIDAYS' 1. Every other Thanksgiving; 2. Every Christmas Eve from 9 a.m. to 2 p.m.; 3. Every Christmas Day from 2 p.m. to 8 a.m. the following morning; 4. If Easter and/or Mother's Day falls on Father's weekend the children will share 1/2 of that day with Mother; 5. If Father's Day falls on Mother's weekend, the children will share 1/2 of that day with Father; and, 6. Father will take or see that the children attend Catholic Church services at anytime the children are with Father during the Catholic Church service hours. C. SOMMER. 1. One (1) full week in the summer will be spent with Father. Thirty (30) days advance notice will be given. Father will take or see that the children are taken to a Catholic Church for church services that fall within that week . "., f .. ~I ";'.c,-"- ~>...",,"-~,," , ~" " ,J. '" (. . , D. MEDICAL INSURANCE' I. Mother will provide coverage for the children while employed at the County of York. If employment ends or changes, this will be renegotiated. E. GENERAL. 1. F ather and Mother will allow the children to make phone calls to the other parent upon their request; 2, Phone calls will be returned; 3. Father and Mother agree to infonn each other when taking an overnight trip; and, 4, This Stipulation is entered by the parties as a guideline for custody. The parties are free to change it with mutual agreement of such changes. 5. Any additional three (3) days not necessarily consecutive will be spent with Father subject to one (I) week notice and agreement by both parties. ~ /g ::= /~ /' A-I ftp, iI~~..iia~~~i!k1},;('l'li!li~k;mk1:!1~,Jw-;~W~:il~ A TIT =. ,','_".~ -.-. ,- - .~>. ..l~" - ~ Wi[""'" - ~ ~li ~,., ~~, , ~~"'~~M'itiJ>,""" "~' _"",~"'~, ".. .~, .~, "1<. . n 0 S--: , ',J IJf"j ...,.. -0,," D.]L:_' ""-. .,;::"'".'_, ?;c v> ~ -< ~~ -0 -- ~,j"" )> ,- l".,] c: ~ .~ :::> -j -', r0 ) ",' , -~~~~ ~<