Loading...
HomeMy WebLinkAbout01-06403 ~~ 0-.....""" '-"1 , J, , ~ : I k~r'i--~ llllUi:i_---'"""'.r~'".h,' ). . ... CHRISTINA L. ROYE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNrY, PENNSYLVANIA V. 01-6403 CIVIL ACTION LAW JAMES WASHINGTON III DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, November 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2001 at 8:30 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 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 Hubert X. Gilroy. 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. IFYOUDONOT HA VB 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 :l'Gf;;~?X~k;t~13j~;;'~',j.~~- ,*, :t~1V~}~~1~'t.~~~11 ~r \" " -,~ ,111Mi' . -=L>'"'"'~'_ "'''d' . _. > "'"eo _ . ~~'_I"~ '" r .~ -," ~" --"~ -~--"""~I-'~- _"e OF ?L~FE~9''F1CE.' , , ".' i '. :');JUiARY !Ill/nIl ^, v"" "f A&I/J ~. . Hi : 5S CUIV~f~H~VgA~~UNTY II< ~1-t:J/ M. ~~ ~ i;; 0iU, X, /!c)J'{/1 YI~ /4t~ :J ~. /lcJ.!-t1/ ~ ~ ~ rf/.~~ #-. Igflf~1"T~fllW~ ~<j.'f~~!!!,l1\j,_.~.ft!I~, ,~'""' ,RlT m~f~W",,*-'""'"'-"'" ,,~, ^-p ,,"-,,~--. ro_,' L ~ ',",,-,,,,",, ,~ . < ~~ 'I ' ~ . ^''"' - '-ll.-," " '~ I NOV 0 9 2001 -:iG CHRISTINA 1. ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JAMES W ASlllNGTON III, Defendant : NO. 01- I.. ,/03 CIVIL TERM 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 defme 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 TIDS 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, PA 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. ~':'>? _I ^ , " ...., " "0"0-,:<-';:.'" "';'-"0-<_""'_-_'-;" , -cJ' CHRISTINA L. ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN CUSTODY JAMES WASHINGTON ill, Defendant : NO. 01- /" <f()3 CNIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Christina L. Roye, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting primary physical custody of her son, James Washington N, born February 10,2001. In support of her complaint, plaintiff states the following: 1. The plaintiff is Christina Roye, currently residing at 34 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is James Washington ill, residing at 211 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth James Washington N 211 Faith Circle Carlisle, P A February 10,2001 The child was born out of wedlock. The child is presently in the custody of James Washington III. ~ , , '.....- I ",'; ~ .....1 " , . , ~ - -, :,"'. -' '- ' .- , -, ,,, ""7;"" -, -, ~,'" "' "-ij~< During the child's life, he has resided with the following persons at the following addresses: Persons James Washington 1lI J ames Washington IT Roxanne Washington Alexis (cousin) Lindsey( cousin) Addresses Dates 211 Faith Circle Carlisle, P A Since 10/30/01 The child stayed at both mother's and father's house equally during this time. Christina Roye 34 North East Street approx. 8/15/01- 10/30/01 Taijuan Carothers (brother) Carlisle, P A Kashia Carothers ( sister) OR James Washington 1lI James Washington IT Roxanne Washington Alexis Lindsey Christina Roye James Washington 1lI Taijuan Carothers Kashia Carothers Christina Roye James Washington 1lI Taijuan Carothers Kashia Carothers 211 Faith Circle Carlisle, P A 34 North East Street Carlisle, P A approx.6/15/01-8/15/01 17 South Queen Street Shippensburg,PA Birth - 6/15/01 4. The relationship of the plaintiff to the child is that of mother. She is single. She cUlTent1y resides with the following persons: Name Taijuan Carothers Kashia Carothers Relationship Son Daughter ~j~ '"', ", ~ ~ " "'1' '. ',", ),~Y'"I ".:;i 5. The relationship of defendant is that of father. He currently resides with the following persons: Name Relationship James Washington IV Son James Washington II Father Roxanne Washington Mother Alexis Niece Lindsey Niece 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another 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) Plaintiff has been a primary caretaker of the child. b) Plaintiff can provide the child with a home with the necessary moral, emotional, and physical surroundings to meet the child's needs. c) Plaintiff wishes to continue to provide parental duties to the child and enjoys the love and affection of the child. d) Defendant and his family have not allowed the child to see plaintiff since October 30,2001. 'Wi - ., -, ~ 1.. ,. ~, '-.> ~ ""X:' I- ,",- ,,' ,- ',-..-, --" '> ',~,~ :' , ;~ _' - - ,,_ '; . 'I;; -; - '! ---'", '""~,, -<'<-" '~ , ;'/{:'~ e) Plaintiff is willing to grant the father periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 8. Each parent whose parenta). 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 primary physical and shared legal custody of the child. Respectfully Submitted, Date:\'c-\.I~ C\, ~'\ , ':\).oC1.a ~...ct" ~ \. (). 0... Debra Hart Munchel Certified Legal Intern ;J -L I-.J~ mas M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-234-2968 '"; .~ < ;:,1 "- --.~,--, ',"" ,-c:, I , -'- ~:' ,-,-'-',\" ".,;' <'-"'.f'" ll' ".'- '. ~" 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 of authorities. Date: \\-C\.-O\ Christina Roye, Plaintiff . ~; ,_n." __ _ , itrri'-f(~~[-~Il~"'- '~'7.^'~~_~'OCJi~Tr' '. 11 1 -,,,::, ..".." "'iII"""''''''1 ' ~~~:; ,~, .",,-",i;,:,.';.~'~- 1 _.. _I . ., ~-~-.- <,',~, '<',-,'''"~~~,~~" -,'" "'~, i"___~ ~ ~, ~ , .0 """"""..,,'C;.,,........ ."'.. ,co .,.".... ;~~t~-' ~--=-; ::;' --,,~ ' U..'_ !:'::C., '.' ~-~'~"~:- '-'C':' o ~~; ~::::i -<;' :n \0 -~, . ~ .' c.-'~ :',,,... c.:; ~D -,. " -:'r , '-'. """-"f"" ",^ ; '":",,,--' ...........' I.. ;,<'1"--,""-"- ,";'x', ,..,-;,c:",~"",_" i':~':"t.;.,,,- "Fr:, ,<~:,-",:FI ~ '// , , ~ - '"~-i'~~~'"J ," ~ CHRISTINA L. ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JAMES W ASlllNGTON III, Defendant : NO. 01- (, '143 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Chdstina L. Roye, Plaintiff, to proceed in forma pauperis. I, Debra Hart Munchel, 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 I am providing free legal service to the party. ~()O1l" ~...(Y;\ ~<<'-\.(}O~ Debra Hart Munchel Certi d Legal Intern L-j ERT E. RAINS THOMAS M. PLACE TERl L. HENNING Supervising Attorneys Date:~~ C\ I~\ \ THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ,-"'."'_i,':':-": : . n'~"ti'~t~-':;;;"~,'2-': ':' :al1&J~l. .,: ';';t1ii -r'7'>'~~~[," -,: :~,-,:-'-' , -:' '-': :' -; ,-' _:,' - ,-' -,' ~dlD'lt"" 'j.,~,,",i,"'I"'/"""~ \:\\ 1: " "..- " ~ I.,~~ ~~,..." ~-" ~>~-,~- _M__ -, ,.,,"'~"''''~, ~. ,-,,,",,,",>,,-,' ~-'~-~ '" ~ -' , ~,,~~ ;,_,C(:, ,':.",i!~",';;;.:'~t~j!C<+,-i,i[~,,; -"-,',,"' ,-' ,-,--,,-'~' "'''''~-:!l; i i I ;l' "'~ - KRISTINA L. ROYE, Plaintiff v. JAMES W ASHlNGTON III, Defendant , i:'- I, .., ,,'~~,::;' ".....~, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01-6403 CIVIL TERM PROOF OF SERVICE I, hereby certify that I served a true and correct copy of the Complaint for Custody on the defendant, James Washington III, residing at 211 Faith Circle, Carlisle, PA 17013, by U.S. mail, celtified, restricted delivery, retwn receipt requested, postage prepaid. Service was complete upon receipt by James Washington III on the 21" day of November, as evidenced by his signature on the attached green card. Date: November 26,2001 + c:"..o.Il - m ~ m d '6 m c ~ m " m'" $ .c $ ~~~~ ~ do . '" DODD :; ~ ~ " .g ~ 1'i -'ffi '~ :; . 00: " NO <1: o . "li)q i w " o 0 ,- 'DoO,~ ~.- ~'''''''W:,O Debra Hart Munchel Certified Legal Intern L J ~PL{~ - ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINlC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 1'i '~ ~ 0: E 0 J! u M m- 'Ii ctJ " E IT\ GO 0 ~ ~ '0.. a tr ~,j ~ :i ~ , ,5/ o ~ w 0 -" Postage ! $ O'Ci.i:5 >'w tr g ~ !:.s:5 , tr Certified Fee \ .<:\0 <C,!Q ~'Eo~ =r- M~mBt5E ctJ Return Receipt Fee ,.S:=> -oW"-wl'GlD (Endorsement Required) c,::::"O"CD a. M ctS"ai~+-' lD Q) Ol C Restricted Oelivery Fee ~ .20 Ol NCl-oE:5~ Ol C (Endorsement Required) ....:-gffi~.sg. ~ .s ,.. $ \.\1 (/) t5 Q) "-"0 ~ a: '3 C Total Postage & Fees E';':: E c "- +-' -, C lD1i.imBBa ~ =r- ~~:: (1),!QJ::: ~ IT\ ." +-,_:JS:"ca> Ji (1),- 0 -..c a.o:t >.1O..c +-' tr EEE:5~a m " tr 8:m;t g<c 0 'E c <: l'- . . ~. tW t11Ilr~' 0",' c,"c>ii1i2, "' ~ f '0,1" , ",'1: """/""""'''''''''''''''1'''' ' \ji~il-r' :'~-;'~;';dill!1~~~,:!~iliH :1 ,': :,:"~"">"",::'/,"~k',."'~"',,,,,~ ""'i",,.,,,,", ",0" ".,", '~ , o C $: -ow nin-; Z:::.t; zc ~?~~ ~c'" ::,,--\..j j;; r--, -,.-1..-" bO )>C ? ~ ." c::.... '7" [':3 ,~ r~v 0"; V -i-\. t:" ::> o ~#f ,', :C':1 c) '.,,;(). .:c:: rr- ~~~ ~ ~, ~o -< - . '--'''> I ,_ ,. ~' -~ ' "f ,'- ?\?;ri~; , , NOV 1 6 2001 ,y CHRISTINA L.ROYE, Plaintiff : IN TI:JE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JAMES W ASlllNGTON III, Defendant : NO. 01-6403 CIVIL TERM TEMPORARY CUSTODY ORDER AND NOW, this 1(," day of /fI~, 2001, based upon the petition ofChristinaL Roye, it is hereby ordered and decreed that: Pending conciliation in this matter, Christina L Roye ("Mother") shall have physical custody of James Washington IV, born February 10,2001 (the "child"), as follows: I) Mother shall have physical custody of the child every Monday through Friday from approximately 9:00 a.rn. until 5:00 p.m. while Father is at work (with Father dropping the child off at Mother's home before work and picking the child up after work); 2) Mother shall have physical custody of the child every other weekend, beginning November24, 2001, from 10:00 a.rn. until 8:00 p.rn. on Saturday and Sunday, with Father providing all transportation; 3) Charles Carothers shall not be present in Mother's home during her custodial periods; and 4) Mother shall notify Father if Mother is not able to care for the child during her custodial periods, and shall allow Father to pick up the child for the period that Mother will be unavailable. -": ',-',-""",, ',' , '-f__ ..'[ -, '-,.":-----:>:'-( ~, ,',~ \f"ry_'; . " This Order shall remain in effect until modified by agreement of the parties or further Order of Court. BY THE COURT: Cbp1'ij> /V]~t -fu ~tt~ M-t r ~ " ~, ~ \~ &,-yi % ~~.e~i'.5b\0.oIi1 ~~ ~W ,i-c> 'Umo(~l @ fouwdj ~ Ch~1 c. ~'-' :':':-''':-,- '- -,,'-,-,':, -":,, , - g(;oo,''-'o~''"-'''''''''-:',""'<':'-J~~t:, ,',~,,'-,-, " " .' ,- - -,- . - , L~~:ti~~ot~~_llif '~""'''"-'ijj.,h~''.~-':''''::'';;;\~wwti:"~' . ~..." ~-~ ~" -~~',~", .-',. ~"- p,,,, ~. ~,,"-~~.;-,-,,~-- "',,,,~' "'". J"",~, ~ '''-.~'''~''~''M"""",;c'_b' -.-,"""", _ " "', ." ,", ., G <;:) CJ c:: -'-n ?:;: Z "1JeD :::J ,. nl'rr; ""-;;:: F:":: 2::1:' ".-;S 2~, cr. ,~ -' ---: ~z - ~-~; s:-~ '-'C -" ~ ' '- --;,. -"'"c -'- '~f~~ z J >2 w '.' -"'...{ 2 ;::- 2:> ~ (,,) ~ ~~ -'-~'. . _.= ., --- ,,,';"""" I . -'-'. ,~ - -- ~ , ~'^ ' I ',-- ;^~':..i "...~i , , CHRISTINA L. ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JAMES W ASIDNGTON III, Defendant : NO. 01-6403 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Petitioner, Christina 1. Roye, by and through her attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa.R.C.P. 1915.13 for physical custody of the parties' child, James Washington N (the "child"), born February 10,2001, pending conciliation, and in support thereof avers as follows: 1. Petitioner is Christina 1. Roye ("Mother"). She is the biological mother of the child. 2. Respondent is James Washington III ("Father"). He is the biological father of the child. 3. Currently, there is no custody order concerning the child. 4. On November 9, 2001, the Family Law Clinic filed a Custody Complaint on behalf of Mother. 5. Mother has not seen the child since October 30,2001 when Father took physical custody of the child. 6. Mother very much wants to resume contact with the child, and in fact, has asked for primary physical custody of the child. 7. On or about November 9, 2001, the Family Law Clinic contacted Father's attorney, Heather Faust, in order to set up a custody schedule pending the conciliation in this matter. , ,~ 0 _ -- ' , v ~~' ,. , ;",'",,-- -00 :t;~~r,' ,:",1 8. Father informed Mother that she could not have custody of the child without a Court Order. 9. Both parties have agreed to the entry of a Temporary Custody Order, with the following provisions: a) Mother will have physical custody of the child every Monday through Friday from approximately 9:00 a.m. until 5:00 p.rn. while Father is at work (with Father dropping the child off at Mother's home before work and picking the child up after work) AND b) Mother will have physical custody of the child every other weekend, both Saturday and Sunday, beginning November 24,2001, from 10 a.m. until 8:00 p.rn. on each day, with Father providing all transportation. c) Charles Carothers will not be present in Mother's home during her custodial periods. d) Mother will notify Father if Mother is not able to care for the child during her custodial periods, and allow Father to pick up the child for the period that Mother will be unavailable. 10. Mother has agreed to the entry of a temporary custody order with these conditions only because she wants to have physical custody of the child prior to the conciliation in this matter. Both parties agree that this is only a temporary custody schedule and shall in no way affect or prejudice either party's rights to custody of the child at any time in the future. . ~ ' -- -~",' ".,,-- -"" ""-"0:;';:, . 11. The Family Law Clinic contacted Father's attorney, Heather Faust, on November 16,2001, to ask whether Father concurred with this Petition. Ms. Faust informed the Family Law Clinic that Father would agree to the entry of the Order in the form attached hereto. WHEREFORE, Mother respectfully requests that this Court grant her request for special relief by entering an Order in the form attached to this Petition. Date: November 16, 2001 ~Ck. ~~k-..c&. Debra Hart Munchel od;~ Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 /-,....~'Uh-'1'. ,~, ""~-~'''-':--'6fiir'';';'<';'J.;L);,- , ~-.:-. ~~.~{[~ ,,~->-;:.'-',~,,; ,-";o;"J i~,<"-',, ''Wi':''~ ""~~"ri~''''~''M'~'''U'''''' , ",.. ""'~" ~. " <&' . . (-\ 0 C) Q 'T\ c :2'" Z -- :t> -OC (..."'J nlrn -ti.:': Z:X' '~3 ze coJ..~: 0"' ':~) ,1., ~..~. ~() .--".'--.' f!; ." '-::"- -;, >-. 3 Zt) ~;;':~') >c:: C:? cS(n ..,"\ Z N ~ ::<! ,.0 -< ...4....".,. . ',>1, ,'" .=, _ _"..' ,__, ,~",CC- ",','.""_'.}r'_~'_'r_' ,''''!,!",o''',,''_''_' .. .0'""_=,,,p,,'__"'~ -', ',' ,j ,_ _~," ^_~ _,_,0__"_ , ~, ",-'" "'~,-,,~,,",~~, ~ ~ .......~~ ,[ ~', ., ' .",' " , , -,<,,,"" ..'"c ij" t:-'liiii:ij: . - DEe 2 0 2001 pi KRISTINA 1. ROYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JAMES WASHINGTON, III, Defendant NO. 01 - 6403 CIVIL IN CUSTODY COURT ORDER AND NOW, this 'Glr day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of November 16, 2001 shall remain in effect. 2. The parties shall work between themselves with respect to providing both parties with appropriate visitation and custody of the minor child over the Christmas and New Year's holiday. 3. In the event either party is dissatisfied with this order and feels the order needs to be modified, counsel for that party may contact the custody conciliator directly to have a custody conciliation conference scheduled. BY THE COURT, cc: Gina Carnes Dickinson School of Law (\ t'm~ . C\ \ Family Law Clinic L- -,- .~ ~ Heather Faust, Esquire 12-3 J - ~ ), ~ /11- J. ~~ ~~ ....J'~ ~-, - .....'--" , , _ J,' , ~ I, ,." --'>"~~~~i . . KRISTINA L. ROYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JAMES WASHINGTON, III, Defendant NO. 01 - 6403 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: James Washington, IV, born February 10, 2001. 2. A Conciliation Conference was held on December 14, 2001, with the following individuals in attendance: The Mother, Kristina L. Roye, with her representative, Gina Carnes, of the Dickinson School of Law Family Law Clinic; and the Father, James Washington, III, with his counsel, Heather Faust, Esquire. 3. The parties agree to the entry of an order in the form as attached. Hubert X. Gilroy, Custody Cone ilia r (J.{n ( O( DATE ~- ~ -""~ ~1liIililiI!lI ['- .." L '-.~ ~" ' ~w~iJOi;J;r CHRISTINA L. ROYE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. o c:, c ~ "'T)f-$. ~ fllf::r.: a t3 ~,~ ~~ ~ ~~ -'--;; -oj ~f..:~;s::~.o:." ~~.: '~'- ~-_.~ _.. (.-:-;:;r! -;.;,-J ~ .. ~:'~i-il AND NOW, Monday, November 19, 2001 , upon consideration of the attach~ C6~la~, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2001 at 8:30 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. 01-6403 CIVIL ACTION LAW JAMES WASHINGTON III DEFENDANT IN CUSTODY ORDER OF COURT 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: Is/ Hubert X. Gilroy. 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 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 M <,.,,,~..~.~,;J...:.-- ~ .... ,,,:,..,,,, j"." ~ ~~~-~-'~""""'~~\\!;,1~"",_,~",,,,,,,,,,,,,,,,,-, , NOV 0 9 2001 .5(;. " CHRISTINA L ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JAMES WASHINGTON III, Defendant . NO. 01- & YtJ3 CIVIL TERM 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 rn., 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 defme 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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, PA 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. ""'~;~""""""'~~,~' ..... --~. '," .1 ..... ,- ~~ 1-_-'1"'''':''''';_''*." , CHRISTINA 1. ROYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY (") ~.; C:-:} ~~; : NO. 01- (,,<{03 tRrr L:-::i-i :~~: f (fJ .:c-- CIVIL TE~ . ~~.; ::,7 -' -< ."". ;::.) JAMES WASHINGTON III, Defendant I lD \"J COMPLAINT FOR CUSTODY ::> .(:- The Plaintiff, Christina 1. Roye, by her attorneys, the Family Law Clinic, files this cornolaint for custody. reauestinl! vrimarv. ohvsical custody of her son. James Washington IV, - -~--- - ~'-- ~ '" ~-~ -- ~-- -- --- -, , -~ born February 10,2001. In support of her complaint, plaintiff states the following: 1. The plaintiff is Christina Roye, currently residing at 34 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is James Washington III, residing at 211 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth James Washington IV 211 Faith Circle Carlisle, P A February 10,2001 The child was born out of wedlock. The child is presently in the custody of James Washington III. """-----~"~ - . ~- .. -- ~. -~~ , ~- J ~&"'~"'~-M$,:~ <~ - ~.'~ During the child's life, he has resided with the following persons at the following address es: Persons James Washington 1lI James Washington II Roxanne Washington Alexis (cousin) Lindsey( cousin) Addresses Dates 211 Faith Circle Carlisle, P A Since 10/30/01 The child stayed at both mother's and father's house equally during this time. Christina Roye 34 North East Street approx. 8/15/01- 10/30/01 Taijuan Carothers (brother) Carlisle, P A Kashia Carothers (sister) OR James Washington 1lI James Washington II Roxanne Washington Alexis Lindsey Christina Roye J ames Washington 1lI Taijuan Carothers Kashia Carothers Christina Roye James Washington 1lI Taijuan Carothers Kashia Carothers 211 Faith Circle Carlisle, P A 34 North East Street Carlisle, P A approx.6/15/01-8/15/01 17 South Queen Street Shippensburg,PA Birth - 6/15/01 4. The relationship of the plaintiff to the child is that of mother. She is single. She currently resides with the following persons: Name Taijuan Carothers Kashia Carothers Relationship Son Daughter '''''*''~'''''''",~"""-,,,iik~.'-~~ "" > -- ~ ~ , -........... ~- .. 1, "" -~"" ~"" _~i~I{,6,.,~", 5. The relationship of defendant is that of father. He currently resides with the following persons: Name James Washington N J ames Washington II Roxanne Washington Alexis Lindsey Relationship Son Father Mother Niece Niece 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another 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) Plaintiff has been a primary caretaker of the child. b) Plaintiff can provide the child with a home with the necessary moral, emotional, and physical surroundings to meet the child's needs. c) Plaintiff wishes to continue to provide parental duties to the child and enjoys the love and affection of the child. d) Defendant and his family have not allowed the child to see plaintiff since October 30,2001. ~"ci.,H,,"_''''-'''~" _ mi7""'"~~'" -- =-~ '" ~.- __1 -~" >~~= , -, - , """''''~4,m.;l~: . , e) Plaintiff is willing to grant the father periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 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 primary physical and shared legal custody of the child. Respectfully Submitted, Date:(\oJ~ C\, 'dCa'\ , ~a.o. -'~..ct ~\.n.Q Debra Hart Munchel Certified Legal Intern --J~L/~~ (~mas M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMll-Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-234-2968 "...,"'-,,-~,~ .~ i '~............... .1 . ~ ., ~ ~ .1",,~iJO-li" ',-"...,--- ~ ~ ~" "" 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. g4904relating to unsworn falsification of authorities. Date: \ \ - c\ -0\ c \) ~~~ Christina Roye, Plaintiff .-