HomeMy WebLinkAbout01-07057
HAROLD S. IRWIN, III. ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-8090
ATTO_ev FOR PETITIONERS
.JOAN E. LESCALLEET,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: CIVIL AC1'ION - LAW
DANIEL R. LESCALLEET and
TERESA M. WILSON,
, Defendants
.
: NO. 01 .7oS! CIVIL TERM
: CUSTODY
ORDER OF COURT
AND NOW, this ~ day of December, 2001, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties. it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
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.JOAN E. LESCALLEET,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
; CIVIL ACTION. LAW
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
; NO. 01 4Q~7 CIVIL TERM
: CUSTODY
STliP'lJ.LATION AND AG!REEMiE,NT
THIS STIPULATION AND AGREEMENT entered into this /SWdayof
December, 2001, by and between JOAN E. LESCALLEET (hereinafter referred to as
"Grandmother") and DANIEL R. LESCALLEET and TERESA M. WILSON (hereinafter
referred to as "Parents").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Parents are the natural parents of a minor child, namely Anthony
Daniel Wilson (age 3 years, born April 27, 1998); and
WHEREAS, the Grandmother is the paternal grandmother of the child and has
been the primary caretaker of the child since January, 2001; and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and visitation of the child.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The Grandmother shall have legal custody of the child.
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2. The Grandmother shall have primary physical custody of the child.
3. The Parents shall have visitation and partial custody of the child as the
parties may mutually agree from time to time.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health, welfare and well being of the child is protected.
5. The parties shall do nothing that may estrange the child from the other
parent or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love or affection for the other parent.
6. The Parents shall each pay support to the Grandmother on behalf of the
child in the amount of $25.00 per week. Said payments shall be made by the Parents to
the Grandmother through the Cumberland County Domestic Relations Office and lor
P.S.C.D.U. The Father shall also continue to pay $12.50 bi-weekly for the arrears
which have accumulated until all arrears are paid in full.
7. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
8. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
9. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further aCknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over these issues and
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the I~ day of December, 2001, before me, the undersigned officer,
appeared DANIEL R. LESCALLEET,known to me (or satisfactorily proven) to be the
same person whose name is subscribed to the instrument, and acknowledged that he
executed this agreement for the purposes therein contained.
Notarial Seal .
Harold S. Irwin Ill, Notary PU~~
Carlisle Boro, CUn:'ber~ndptC~3 2~02
My Commission Expires e., .
Member, Pennsylvania {'ssocia,tior. ct Notaries
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
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On this, the /..} day of December, 2001, before me, the undersigned officer,
appeared TERESA M. WILSON, known to me ( or satisfactorily proven) to be the same
person whose name is subscribed to the instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
Notarial Sea!
Harold S. Itwin 111, Notary pUblic
Carlisle Bora, Cumberland county
My-Commission Expires Sept. 2'3'.2002
Member, Pennsylvania /'3sc:;:1~'tior; cl Notaries
(SEAL)
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shall retain such jurisdiction should circumstances change and either party desire
further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: I~~I
Date: ~I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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J AN E. LESC LLEET
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TERESA M. WILSON
:SS:
On this, the I~ay of December, 2001, before me, the undersigned officer,
personally appeared JOAN E. LESCALLEET, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set y hand and official seal.
Notarial Sea! publiC
Harold S. Irwin Ill, Nota~ County
Carlisle Boro, cun:ber\~~pt 23, 2002
t>fty commission Expires . .' I NQtrarlfJl;\
ber pennsylvania f\.ssOC\at\on O. -
Mem I
(SEAL)
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JOAN LESCALLEET
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
01-7057 CIVIL ACTION LAW
DANIEL LESCALLEET
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, October 20, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacgueline M. Verll"Y-,_Es'l-n' the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 21,2006 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 furuish 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
ac ueline M. Verne Es
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
HA VE 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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v.
DANIEL LESCALLEET,
Defendant
" n rT 1 7 2006 ,
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: IN THE COURT.OF COMMON PLEAS OF ,
: CUMBERLANDCOUNTY,PENNSYLV ANIA
: CIVIL ACTION LAW
: NO: 01-7057
: IN CUSTODY
JOAN LESCALLEET,
Plaintiff
ORDER OF COURT
AND NOW,
, 20~, upon consideration of the attached
Complaint, it is hereby direct.ed that the parties and their respectivecounse1 appear before
, the conciliator , at
on the
day of
, 200---" at
o'clock, _.m., for a Pre-Hearing Custody Conference., At such confer~nce,aIi 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
The Court of ComII1on 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 accomII1odations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made af.least 72hoursptiortoany hearing
or business before the court. Yon must attend the scheduled conference or hearing.
YOU SHOULD TAKE TIDS PAPER TOYOURLAWYERATONCE. IFYOU
DO NOT HAVE ALA WYEROR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cwnberland County Bar Association
32 North Bedford Street
Carlisle, P A 17013
7l7~249-3l66
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JOAN LESCALLEET,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
v.
DANIEL LESCALLEET,
Defendant
: CIVIL ACTION LAW
: NO: 01-7057
: INCUSTO])Y'
. PETlTON TO MODIFY CUSTODY FOR VISITATION
1. The plaintiff is Joah Lescalleet residing at 101 Lawrence Lane, CaJ:"lisle, Cumberland
Coun~,Pennsylvroria17013
2. The defendant is Droriel R. Lescalleet, residing at 44 Conway Street, CaJ:"lisle,
Cumberland Coun~, Pennsylvroria 17013.
3. The minor child is Anthony D. Lescaleet, date of birth April 27, 1998.
4. On December 1,2001, the Honorable Edgar B. Bayley, entered a Stipulatibnfor Custody
signed by the parties, Attached as Exhibit "A.
5. Y our petitioner lived with the respondent and the minor child at 44 Conway Street,
Carlisle, Pennsylvroria until recently and therefore petitioner had consistent contact with
the child and shared parental responsibilities for the child.
6. Your petitioner has moved out of the family residence and has no scheduled visitations
with the minor child.
7. Although your petitioner signed a Stipulation granting guardianship to the respondent, he
has maintained contact with the minor child and has formed a parental bond with the
child.
8. The best interest of the child will be served by the Court in modifying said Order.
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WHEREFORE, Petitioner prays this. Court to grant the modification of custody/visitation
Order as follows:
(a), The petitioner is granted visitation with the minor child with a schedule to be agreed
upon by the parties,
Date: _Dd: /"3;, po ~
, Respectfully submitted,
ROMINGER & WHARE
~-
Michael O. Palermo, If., squire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for DefendantlPetitioner
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VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. cons. Stat. S 4904 relating to
unsworn falsification to authorities.
Date: /01 r /Ck
;$l~
Daniel Lescalleet
DH6,S,QQ
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D'EG 101';01
HAROLD S. IRWIN, III, eSQUIRE
ATTORNIY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-8090
ATTORNEY FOR PETITIONERS
.JOAN E. LESCALLEI!T,
Plaintiff
: IN THE COURT OIP COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
: CIVIL ACTION. LAW
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
.
: NO. 01 ;JD51 CIVIL TERM
: CUSTODY
ORDER OF COURT
AND NOW, this :<. '] day of December, 2001, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
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JOAN E. LESCALLEET,
Plaintiff
I IN THE CCURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
v.
I CIVIL ACTION. LAW
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DANIEL R. LESCALLI!ET and
TERI!SA M. WILSON,
Defendants
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I NO. 01 .7u.',-1 CIVIL TI!RM
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: CUSTODY
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STIPULATION AND AGREiEMENT ....f;
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THIS STIPULATION AND AGREEMENT entered into this day of
December, 2001, by and between JOAN E. LESCALLEET (hereinafter referred to as
"Grandmother") and DANIEL R. LESCALLEET and TERESA M. WILSON (hereinafter
referred to as "Parents").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Parents are the natural parents of a minor child, namely Anthony
Daniel Wilson (age 3 years, born April 27, 1998); and
WHEREAS, the Grandmother is the paternal grandmother of the child and has
been the primary caretaker of the child since January, 2001; and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and visitation of the child.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1, The Grandmother shall have legal custody of the child.
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2. The Grandmother shall have primary physical custody of the child.
3. The Parents shall have visitation and partial custody of the child as the
parties may mutually agree from time to time.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health. welfare and well being of the child is protected.
-~..
5. The parties shall do nothing that may estrange the child from the othel:
parent or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love or affection for the other parent.
6. The Parents shall each pay support to the Grandmother on behalf of the
child in the amount of $25.00 per week. Said payments shall be made by the Parents to
the Grandmother through the Cumberland County Domestic Relations Office and I or
P,S.C.D.U. The Father shall also continue to pay $12.50 bi-weekly for the arrears
which have accumulated until all arrears are paid in full.
7. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
8. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
9. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over these issues and
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:55:
On this, the I~ day of December, 2001, before me, the undersigned officer,
appeared DANIEL R. LESCALLEET, known to me ( or satisfactorily proven) to be the
same person whose name is subscribed to the instrument, and acknowledged that he
ex\ecut:~~~:,~~;:~~;:::~cforth\e purposes therein contained.
carti Ie Bom cumoerhil"ld County /
Mv co~missio~ ~xpires sept. 23. :~.2 (SEAL)
, p 'ns""'ar'~ ,,"~"'-"ll~r.::' .lQtarles
Member. en ," ~ ., ,J" '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the I S-.....day of December, 2001, before me, the undersigned officer,
appeared TERESA M. WILSON, known to me ( or satisfactorily proven) to be the same
person whose name is subscribed to the instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
I Notarial,.", J
Hamid S. IrWin :II, Nor:t1y Public
Cel1is1e Bora, Cum\:leriand Ccunty
My commiSsion El<pireS SilO.. 2:3,.2002
. Mamt::er, Pennsyl"~r'a " ,';.~ ;: ,,:,' c: :.': lr~eS
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shall retain such jurisdiction should circumstance~ change and either party desire
further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: !WI
1-6a+t.. ~ --AA .. ~tt4 (SEAL)
J~AN E.LESClLLEET
Iit{~
(SEAL)
Date: 0/,),,1.,
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TERESA M. WILSON
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:5S:
On this, the I~ay of December, 2001, before me, the undersigned officer,
personally appeared JOAN E. LESCALLEET, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set
Notan"'! Sea! ubi'
Harold $. ~rM" \It, NO'~ ~ou~ty
cal1~~:~ ~~~~ Sep!. 23, 2002
MY Co fll> ciation 01 NQ1,rlQ$
Mem'Oer, pennsyNanl3. .so
Notary Public
(SEAL)
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JOAN E. LESCALLEET,
Plaintiff
: 01-7057 CIVIL TERM
i,
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
: IN CUSTODY
RAECIPE TO WITHDRAW APPEARANCE
To Curtis R. Long, Prothonotary:
Please withdraw the appearance of Harold S. Irwin, ill, Esquire, on behalf of the
Plaintiff, Joanne E. Lescalleet, in the above captioned case.
Harold S. Irwin, ill, Esquir
64 South Pitt Street
Carlisle, P A 17013
(717) 243-6090
PRAECIPE TO ENTER APPEARANCE
Dated: October 2.1., 2006
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Joan E. Lescalleet, in the above
captioned case.
RespectfuHy Submitted,
IRWIN & McKNIGHT
Date: October JD ,2006
Dougl G. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
MICHAEL O. PALERMO, JR., ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date: October 30, 2006
IRWIN & McKNIGHT
..
Miller, Esquire
Supreme ourt I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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