Loading...
HomeMy WebLinkAbout03-3071JOSHUA A. MORRIS Plaintiff DRISTA N, WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C~)~ '-,]O?/ CIVILTERM 1N CUSTODY COMPLAINT FOR CUSTODY Plaintiff is Joshua A. Morris, an adult individual currently residing at 710 Mm~icipal Drive, Shippensburg, Cumberland County, Pennsylvania. Defendant is Drista N. Washinger, an adult individual currently residing at 905 Roxberry Road, Apamnent 10 J, Shippensburg, Cumberland County, Pennsylvania. The parties are the natural parents of one (1) child, namely, Shealyn Reanne Washinger, born January 23, 2003. The child was bom out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS Drista N. Washinger 34 Cumberland Avenue Maternal Grandmother Shippensburg, PA Drista N. Washinger 905 Roxbury Road, Apt. 10-J Chuck (LNU), Mother's paramour Shippensburg, PA 6. DATES DOB-5/03 5/03-Present The natural mother of the child is Drista N. Washinger who resides as aforesaid. She is single. 10, 11. 12. 13. a.) b.) c.) d.) The natural father of the child is Joshua A. Morris who resides as aforesaid. He is single. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his parents. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with her boyfriend and the minor child. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the child to grant the relief requested because: Father desires to be an intricate part of his daughter's life and to establish a healthy, nurturing relationship with the child. Father is able to provide the child with a home and stability; Currently, the parties have not agreed on provisions for Father to visit with the child for the holidays; and The parties have not agreed on a provision for Father to have custody of the child during his summer vacation. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child. Respectfully submitted, Wendy Attorney for Pl 'a tiff~ GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. J JOSHUA A. MORRIS PLAINTIFF V. DRISTAN. WASHINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3071 CIVIL AC'lION LAW IN CUSTODY ORDER OF COURT ANT) NOW, Wednesday, July 02, 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 Wednesday, July 23, 2003 at 8:30 ~ 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 coart, 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: /s/ ]acqueline 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ltELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOSHUA A. MORRIS, Plaintiff DRISTAN. WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3071 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this \ "f-'~a~ of July, 2003, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Joshua A. Morris, and states that a copy of a Complaint for Custody was fo~varded to Defendant, Drista N. Washinger, at 905 Roxbury Road, Apartment 10-J, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt and printout are attached hereto indicating that service was made on or about July 9,2003. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to befor~me this Iq~ day of .~U.[~. , ,~ ,2003 · Complete items 1, 2, end 3. Also comp;ete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to ~ 3811, August 2001 address below: [] Express Mail Return Receip [] Inaured Mail [~ C.O.D. 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt m ~L~'~'~:,~;~""'/~-~ ........................... p~ 7-5~r7 ..................... 1 ....... "~ ......... ~'111'1111'11 USPS - Track & Confirm Page 1 of 1 Track & Confirm Current Status You entered 7000 1530 0002 4694 9516 Your item was delivered at 1:15 pm on July 09, 2003 in SHIPPENSBURG, PA 17257. Notification Options Track & Confirm by email What is this? Track & Confirm Enter label number: Track & Confirm FAQs POSTAL iNSPECTORS Preserving the Trust site map contact us government services Copyright © 1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm 1 .smi.usps.com/netdata-cgi/db2www/cbd_243.d2w/output 7/17/2003 JOSHUA A. MORRIS, Plaintiff V DRISTAN. WASHINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 3071 CIVIL : IN CUSTODY C.__OURT ORDER AND NOW, this 3t~ d~..y, of ~ , 2003, upon consideration of the attached Custody ConcdiationqReport, it is ordered and directed as follows: 1. The Father, Joshua A. Morris, and the Mother, Drista N. Washinger, shall enjoy shared legal custody of Shealyn Reanne Washinger, born January 23, 2003. The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy temporary physical custody of the minor child as follows: On alternating weekends from Saturday at 10:00 a.m. until Sunday at 5:00 p.m. This shall continue for 4 weekends when the Father exercises custody. Thereafter, Father's alternating weekend shall be from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Every Wednesday from 4:30 p.m. until 8:00 p.m. On the Friday evening before Mother's weekend from 4:30 p.m. until 8:00 p.m. D. At such other times as the parties agree. The Father shall always have custody of the minor child on Father's Day and the Mother shall always have custody of the minor child on Mother's Day. Unless agreed otherwise, the timeframe shall be from 9:00 a.m. until 6:00 p.m. This provision shall supercede the alternating weekend schedule. For the child's birthday, the parties shall share time so that each parent has a reasonable amount of time to celebrate the child's birthday with the child. CC: The parties shall share the holidays under a schedule to be arranged between the parties. The holidays shall be Memorial Day, July 4*, Labor Day, Thanksgiving, New Year's Eve, New Year's Day and Easter. For the Christmas holiday, Mother shall always have custody of the minor child on Christmas Eve from 6:00 p.m. until 9:30 p.m. The remalulng portion of the Christmas holiday shall be divided into 2 segments. Segment A shall be from 9:30 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and Segment B shall be from 2:00 p.m. on Christmas Day until 10:00 a.m. on December 26~. The parties shall alternate the Christmas holiday segment schedule with Mother having Segment A in 2003 and Father having Segment B in 2003 with the parties alternating thereafter. Each party shall have the opportunity to have one week of vacation with the minor child during the summer months. The parents shall notify the other parent at least thirty (30) days in advance as to when they intend to exercise the one week vacation. 10. The parties shall share transportation for exchange of custody pursuant to a schedule as arranged between the parties. Neither party shall be under the influence of alcohol or illegal drugs while they have custody of the minor child. 11. This custody order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The parties may modify this order as they agree. Absent an agreement, this order shall control. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled for a custody conciliation conference with the conciliator. · /~Vendy J. F. Grella, Esquire ./Joan E. Carey, Esquire JOSHUA A. MORRIS, Plaintiff V DRISTAN. WASHINGER, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 -3071 CIVIL : IN CUSTODY CONC__ILIATI_.ON CONFERENCE SUM_MARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following J The pertinent information pertaining to the child who is the subject of this litigation is as follows: Shealyn Reanne Washinger, born January 23, 2003. A Conciliation Conference was held on July 23, 2003, with the following individuals in attendance: The Father, Joshua A. Morris, with his counsel, Wendy J. F. Grella, Esquire; and the Mother, Drista N. Washinger, with her counsel, Joan E. Carey, Esquire. The parties agree to the entry of an order in the form as attached.