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HomeMy WebLinkAbout03-2617CAROL A WALTER, Plaintiff vs SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - c~ fo l ') CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Carol A. Walter, currently residing at 6390 Spring Road, Shermansdale, Perry County, Pennsylvania 17090. 2. The defendant is Scott Walter, currently believed to be residing at 605 Cherry Avenue, Apt. M, Highspire, Dauphin County, Pennsylvania 17034. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Scott A. Walter, Jr. 6390 Spring Road 12 Shermansdale, PA 17090 The child was bom in wedlock. The child is presently in the custody of the mother, who resides at 6390 Spring Road, Sherrnansdale, Perry County, Pennsylvania 17090. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Carol Walter Arthur Miller Alan Miller (half-sibling) Travis Miller (half-sibling) 6390 Spring Road Shermansdale, PA Feb. 03 - present Carol Walter Arthur Miller Alan Miller Travis Miller 650 North College Street Carlisle, PA July 02 - Feb. 03 Carol Walter Arthur Miller Alan Miller Travis Miller 462 Fairground Avenue Carlisle, PA April 02 - July 02 Carol Walter Arthur Miller Alan Miller Travis Miller 1768 Lehman Street Hershey, PA Sept. 01 - April 02 Carol Walter Arthur Miller Alan Miller Travis Miller Scott Walter Sr. (1/00 to 9/00) 1005 Middletown Road Hummelstown, PA Oct. 00 - Sept. 01 Carol Walter Arthur Miller Alan Miller Travis Miller (bom Sept. 2000) 7073 Carlisle Pike, # 178 Carlisle, PA 17013 July 99 - Oct. 00 Carol Walter Arthur Miller Alan Miller (bom June 99) 1226 West Trindle Road Mechanicsburg, PA 1998 - July 99 The mother of the child is Carol Walter, currently residing at 6390 Spring Road, Shermansdale, Pennsylvania 17090. She is single. The father of the child is Scott Walter, currently residing at 605 Cherry Avenue, Apt. M, Highspire, Pennsylvania 17034. He is single. 4. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Scott Walter Jr. son Alan Miller son Travis Miller son Arthur Miller paramour 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Melissa Smith girlfriend 6. The plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Divorce action filed in Potter County. Final Divorce Decree, per the agreement of the parties, grants the father partial custody and the mother primary legal custody. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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 granting the relief requested for reasons including, but not limited to the following: i.) The mother has been the primary caregiver since the child's birth. ii.) The child has a relationship with two half-brothers, Alan and Travis. iii.) The mother is the parent who can better facilitate a loving relationship with the non-custodial parent. 10. 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, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff with partial custody in the defendant every other weekend and at times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Aaron Neuharth, Esq. ~ Attorney for Plaintiff Law Offices of LopezNeuharth LLP 401 E. Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 yERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Carol V~alter CAROL A. WALTER PLAINTIFF SCOTT WALTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2617 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2003 , 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, Cumberland County Courthouse, Carlisle on Tuesday, July 01, 2003 at 9:30 AM 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 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: /s/ Jacqueline M. Verney. Esq, 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 ATTORNEY AT ONCE. IF YOU DO NOT }lAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 0 1 7003 CAROL A. WALTER, Plaintiff V. SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-2617 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT Itl.,_ AND NOW, this ~'-- day of ~'-~w~ ,2003, upon consideration of the attached Custody Con~liatio'n Report, it is ordered and directed as follows: 1. The Mother, Carol A. Walter, and the Father, Scott Walter, shall have shared legal custody of Scott A. Walter, Jr., bom March 26, 1991. 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 his health, education and religion. 2. During the summer vacation from school, the parents shall share physical custody of the child on a week on/week offbasis. Father's week shall begin July 13, 2003. The exchange day and time shall be Sundays at 7:00 p.m. 3. During the school year, the parents and Barb Myers, maternal grandmother, shall share physical custody of the child such that the child shall reside with maternal grandmother during the week and the parents shall have time with the child after school and weekends on a week on/week off basis. 4. Transportation shall be shared as agreed by the parties. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. Another Conciliation Conference is scheduled for October 3, 2003 at 8:30 a.m. cc: Aaron Neuharth, Esquire, Counsel for Mother Matthew P. Domines, Esquire, Counsel for Father CAROL A. WALTER, Plaintiff V. SCOTT WALTER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : 2003-2617 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 Scott A. Walter, Jr. DATE OF BIRTH March 26, 1991 CURRENTLY 1N CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on July 1, 2003, with the following individuals in attendance: The Mother, Carol A. Walter, with her counsel, Aaron Neuharth, Esquire and the Father, Scott Walter, with his counsel, Matthew P. Domines, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date ~cqffeline M. Vemey, Esquire 6t Custody Conciliator OCT 0 6 2003 CAROL A. WALTER, Plaintiff V. SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2617 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ~'~ O~ ,2003, upon AND NOW, this day of consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 2, 2003 is hereby vacated. 2. The Mother, Carol A. Walter, and the Father, Scott Walter, shall have shared legal custody of Scott A. Walter, Jr., born March 26, 1991. 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 his health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody as follows: A. The first three weekends of every month from Friday at 7:00 p.m. to Sunday at 7:00 p.m. B. During the summer vacation from school, Father shall have physical custody of the Child beginning a day, one week after school ends, to a day in August, one week before school begins. During the summer, Mother shall have alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. C. Father shall have physical custody of the Child from Thanksgiving Day at 7:00 p.m. to the Monday following Thanksgiving at 7:00 p.m. D. Such other times as the parties agree. 5. Christmas shall be divided and alternated arnong the parties. Beginning 2003, Mother shall have physical custody of the Child from the day school recesses for the Christmas holiday to 3:00 p.m. on Christmas Day. Father shall have the Child from Christmas Day at 3:00 p.m. to the day before school resumes. Thereafter, this schedule shall alternate between the parties. 6. Transportation shall be shared as agreed by the parties. 7. This Order shall be effective when it is determined that it is in the best interests of the Child to switch schools. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. Edward E. Guido, / cc~gron Neuharth, Esquire, Counsel for Mother ~cott Walter, pro se 605M Willow Street Highspire, PA 17034 CAROL A. WALTER, Plaintiff V. SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : 2003-2617 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Scott A. Walter, Jr. DATE OF BIRTH March 26, 1991 CURRENTLY IN CUSTODY OF maternal grandmother 2. A Conciliation Conference was held in this matter on October 3, 2003, with the following individuals in attendance: The Mother, Carol A. Walter, with her counsel, Aaron Neuharth, Esquire and the Father, Scott Walter, pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido, dated July 2, 2003 providing for shared legal custody by the parents, shared physical custody by the parents during the summer and primary physical custody by grandmother during the school year. 4. The parties agreed to the entry of an Order in the form as attached. /o- $ -03 Date Custody Conciliator Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF' THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAROL A WALTER Plaintiff / Respondent SCOTT WALTER Defendant / Petitioner No. 03--2617 Civil Action-Petition to Modify Child Custody PETITION TO MODIFY CHILD CUSTODY 1. Petitioner is Scott Walter, Defendant in the underlying action who resides at 605-M Willow Street, City of Highspire, County of Dauphin, Commonwealth of Pennsylvania 17034. Petitioner is represented by Lee E. Oesterling, Esquire, 42 East Main Street, Mechanicsburg, PA 17055. 2. Respondent is Carol A. Walter, Plaintiff in the underlying action who resides at 1226 West Trindle Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. Respondent is represented in this matter by Aaron Neuharth, Esquire, 401 East Louther Street, Carlisle, PA 17013. 3. The parties are the natural parents of Scott A. Walter, Jr.., born March 26, 1991, (hereinafter referred to as the "Child"). On October 7, 2003, the Honorable Edward E. Guido entered an Order of Court which provides in relevant part that the Order would be effective when determined that it is in the Child's best interests to switch schools. A copy of the aforementioned order and stipulation is attached hereto, marked as exhibit "A" and incorporated by reference thereto. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. (a) Petitioner intends to relocate to Cumberland County and desires an alteration of the existing Order giving him primary physical custody as he believes this is in the best interest of the minor child. (b) The proposed change would minimize any disruption to the child as the child desires to remain in his current school district and Petitioner intends to maintain the status quo in this regard. (c) The child is now 12 years old and has voiced a preference to be primarily with his father during the school year. (d) Petitioner believes that the best interests of the child will be served by a modification of the existing Order of Court as this would allow for consideration of the child's longer term needs. 5. The Court in modifying said Order for the aforementioned reasons will serve the best interest of the child. WHEREFORE, petitioner prays this Court to grant the :modification of the existing Custody Order to allow him primary custody of the parties child. Respect~ .JLee ~.~Oeste~ing, Esquire // Supreme Court I.D. #71320 ~ 42 East Main Street ~/ Mechanicsburg, PA. 17055 ./ (717) 790-5400 OCT 0 O 2003 CAROL A. WALTER, Plaintiff V. SCOTT WALTER, Defendant : IN THE COURT O,F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-2617 CIVIL TERM : : CIVIL ACTION - LAW _. : IN CUSTODY ORDER OF COURT ANDNOW, this "~.dayof O~'~l~ .,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 2, 2003 is hereby vacated. 2. The Mother, Carol A. Walter, and the Father, Scott Walter, shall have shared legal custody of Scott A. Walter, Jr., bom March 26, i[991. 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 his health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody as follows: A. The first three weekends of every month from Friday at 7:00 p.m. to Sunday at 7:00 p.m. B. During the summer vacation from school, ]rather shall have physical custody of the Child beginning a day, one week after school ends, to a day in August, one week before school begins. During the summer, Mother shall have alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. C. Father shall have physical custody of the Child from Thanksgiving Day at 7:00 p.m. to the Monday following Thanksgiving at 7:00 p.m. D. Such other times as the parties agree. 5. Christmas shall be ~livided and alternated among the parties. Beginning 2003, Mother shall have physical custody of the Child from the day school recesses for the Christmas holiday to 3:00 p.m. on Christmas Day. Father shall have the Child from Christmas Day at 3:00 p.m. to the day before school resumes. Thereafter, this schedule shall alternate between the parties. 6. Transportation shall be shared as agreed by the parties. 7. This Order shall be effective when it is detemained that it is in the best interests of the Child to switch schools. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. Edward E. Guido, cc: Aaron Neuharth, Esquire, Counsel for Mother Scott Walter, pro se 605M Willow Street Highspire, PA 17034 corr 'J'RU, _ :L..~.~' ~ hi~:' ,,nto set my hand In Testimony wne,~u,, ;nd the ~l of ..... VIRR IFTCATION I verify that upon personal knowledge or information and belief that the statements made in this Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Scott A. Walter Date: CAROL A. WALTER PLAINTIFF SCOTT WALTER DEFENDANT AND NOW, it is hereby directed that pattie,, at 4th Floor, Cumberland for a Pre-Hearing Custody Con if this cannot be accomplished, order. All children age five or. provide grounds for entry ofa t The court hereby dire~ Special Relief orders, and Cu~ 1N THE COURT O17 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2617 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 'riday, October 24, 2003 , upon consideration of the attached Complaint, and their respective counsel appear before Jacqueline M. Verney, Esq. , the concil lounty Courthouse, Carlisle on Tuesday, November 25, 2003 at 9:30 . 'erence. At such conference, an effort will be made to resolve the issues in dispute; to define and narrow the issues to be heard by the court, and to enter into a tempor~ flder may also be present at the conference. Failure to appear at the conference ma' ~mporary or permanent order. ts the parties to furnish any and all existing Protection from Abuse orders, tody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. ator, M or The Court of Co~ with Disabilites Act of 199 available to disabled indivi must be made at least 72 hz conference or hearing. YOU SHOULD HAVE AN ATTORNEY C FORTH BELOW TO FIN By: /s/ ]acqueline M. Verney. Esq. Custody Conciliator amon Pleas of Cumberland County is required by law to comply with the Americar ). For information about accessible facilities~and reasonable accommodations tuals having business before the court, pleas,: contact our office. All arrangements urs prior to any hearing or business before the court. You must attend the schedul FAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT R_ CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Streel Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DEC 6 003 CAROL A. WALTER, Plaintiff SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY PENNSYLVANIA : NO. 2003-2617 CIVIL TERM .. : CIVIL ACTION - LAW : IN CUSTODY _ORDER OF COURT AND NOW, this ~ "[ ~day of ~ _, 2003, upon consideration of the attache~-Cus~ody Coition Repo~, it is ordered and directed as follows: 1. The prior Order of Court shall remain in full force and effect with the following modifications: 2. The parties shall obtain and cooperate with a custody evaluation either by Dr. Sheinvold or Dr. Schneider, whichever can perform the evaluation in the most timely ma.~er. Fat. h.er shail be responsible for paying the charges, for the evaluation, with the ultimate dec,stun for the apportionment of payment to be determined by the Court The parties shall make appointments expeditiously to facilitate the completion of the evaluation. 3. Paragraph 5 of the prior Order of Court shall be revised to provide as follows: Christmas shall be divided and aitemated among the parties. Beginning 2003, Father shall have physical custody of the Child from the day school recesses for the Christmas holiday to 3:00 p.m. on Christmas Day. Mother]shall have the Child from Christmas Day at 3:00 p.m. to the day before school resumes. Thereafter, this schedule shall alternate between the parties. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. Upon receipt of the custody evaluation, either party may contact the Conciliator for another Conciliation Conference, if necessary. J. cc:.,~on Neuharth, Esquire, Counsel for Mother dZee E. Oesterling, Esquire, Counsel for Father %u¥_IONO~tOHd ~ ~0 CAROL A. WALTER, Plaintiff SCOTT WALTER, Defendant : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2617 CIVIL TERM : : CIVIL ACTION .. LAW : · IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. C~USTODY CONCILIATION SUMMARY REPORi' 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 Scott A. Walter, Jr. DATE OF BIRTH CURPd:!NTLY 1N CUSTODY OF March 26, 1991 Mother 2. A Conciliation Conference was held in this matter on December 15, 2003, with the following individuals in attendance: The Mother, Carol A. Walter, with her counsel, Aaron Neuharth, Esquire and the Father, Scott Waiter Mr. Waiter's counsel Lee E. Oesterling did not appear. ' · 3. The Honorable Edward E. Guido entered an Order of Court dated October 7, 2003 providing for shared legal custody with Mother having primar- h ' y p ysmal custody and Father having three weekends every month and a holiday schedule. 4. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator