The URL can be used to link to this page

Home My WebLink About07-72876 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prusso@pjrlaw.com JAMES MCGOVERN, SR, Plaintiff V. ANNETTE LEE WHITE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • NO. 2007 - P 7 -r CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, James McGovern, Sr., by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is James McGovern Sr., residing at 723 State Street, Apt 2, Lemoyne Pennsylvania 17043. 2. The Defendant is Annette Lee White residing at 76 Tip Top Circle, Carlisle, Pennsylvania, 17013 3. Plaintiff seeks custody of the following children: Name Present Residence DOB James McGovern, Jr 76 Tip Top Circle, Carlisle, PA 17013 8/25/05 Dakota James Ziegler 76 Tip Top Circle, Carlisle, PA 17013 8/21/06 4. James McGovern, Jr. and Dakota James Ziegler were born out of wedlock. 5. The children are presently in the custody of Defendant, who resides at 76 Tip Top Circle, Carlisle, Pennsylvania 17013. t w 4. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Duration James McGovern, Sr. and 343 Maple Lane Unknown Annette Lee White Carlisle, PA Annette Lee White and 52 Peach Lane Unknown Barbara McGovern Carlisle, PA Annette Lee White 49 Meadow Brook Ct April 2007 - New Cumberland, PA August 2007 Annette Lee White 76 Tip Top Circle August 2007 - Carlisle, PA Present 7. The mother of the children is Defendant, currently residing at 76 Tip Top Circle, Carlisle, Pennsylvania 17013. The mother is single. 8. The father of the children is Plaintiff, currently residing at 723 State Street, Apt 2, Lemoyne, PA 17043. The father is single. 9. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship None 10. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationship James McGovern, Jr Son Dakota James Ziegler Son 11. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, V and it's relationship to the action is: CP-1-JV-92-2005 - In the Matter James McGovern, Jr., born 8/25/2005 12. The best interest and permanent welfare of the children will be granting the relief requested because Petitioner should be entitled to periods of custodial visitation. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons named below, who 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: Name Address Basis of Claim NONE VdIEREFORE, Plaintiff requests this Honorable Court to order that the parties share legal and periods of partial physical custody of the minor children, JAMES MCGOVERN, JR and DAKOTA JAMES ZIEGLER. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: Peter J. Russo, Esq Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 3 800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: 62?3 I tl7 0 • PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prusso@pjrlaw.com JAMES MCGOVERN, SR, Plaintiff V. ANNETTE LEE WHITE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL ACTION - LAW CUSTODY VERIFICATION I, James McGovern, Sr, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ?'V' Date: It 1 ?)9 t o G moc S MC VERN, SR. + . PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prusso@pjrlaw.com JAMES MCGOVERN, SR, Plaintiff V. ANNETTE LEE WHITE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, Paralegal, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Shawn Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 Date: Ashley R(! , Paralegal TO t rya r7 (T1 l 17 PTg -0 JAMES MCGOVERN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNETTE LEE WHITE DEFENDANT 2007-7287 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 12, 2007 _,upon consideration of the attached. Complaint, 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 Thursday, December 27, 2007 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. 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/ Huben X. Giko Es q. , 114 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 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f1 l L0JL t#a twA FEB 0 7 2009 JAMES MCGOVERN, Plaintiff v ANNETTE LEE WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-7287 IN CUSTODY COURT ORDER AND NOW, this 1 r - day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody Orders in this matter are vacated and that the following TEMPORARY custody Order is entered: 1. The father, James McGovern, and the mother, Annette Lee White, shall enjoy shared legal custody of James McGovern, Jr., born August 25, 2005, and Dakota James Zeigler, born August 21, 2006. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. Starting February 2, for a period of four weeks on one day every weekend from 10:00 a.m. until 5:00 p.m. The day shall be worked out between the parties to accommodate the ability of the father's mother to be available to provide supervision. B. Following the first four weeks as outlined in subparagraph `A' above, father shall enjoy two days per week of custody with the minor children from 10:00 a.m. until 5:00 p.m. The days will include one day on the weekend subject to father's mother's availability for supervision and one weekday that the parties will choose between themselves. 4. Father's periods of temporary custody shall be subject to supervision of father's mother or, if agreeable to the mother, the mother herself may provide supervision. 5. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on April 2, 2008 at 8:00 a.m. At this conference call, the parties shall discuss the status of this case and, assuming there have been no problems with father's visitation, the Conciliator may recommend an amended Order that would grant father additional periods of temporary custody and possibly eliminate or limit the supervision requirements. cc: P ter J. Russo, Esquire ?Sean M. Shultz, Esquire BY T iw Judge Edward E. Guido ?I?(crJ, of«`o9 C ? :Z J 11 93 3 8001 x JAMES MCGOVERN, Plaintiff v ANNETTE LEE WHITE, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-7287 IN CUSTODY 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 children who are the subject of this litigation is as follows: James McGovern, Jr., born August 25, 2005, and Dakota James Ziegler, born August 21, 2006. 2. A Conciliation Conference was held on February 1, 2008, with the following individuals in attendance: The father, James McGovern, Sr., with his counsel, Peter J. Russo, Esquire, and the mother, Annette Lee White, with her counsel, Sean M. Shultz, Esquire. 3. This case was previously the subject of a Children's Services file where Judge Guido handled the matter. Although Children Services has closed their file, the parties are agreeable to continue some kind of supervised visitation on an interim basis pending expanding the Order to unsupervised and a more expansive visitation schedule. Accordingly, the parties reached an agreement with respect to a temporary Order and the parties are in agreement with the Order in the form as attached. Y' Date: February , 2008 -0?/Uo? Hubert X. Gilroy, Custody Concilio APR 0 8 2008 OV JAMES MCGOVERN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ANNETTE LEE WHITE, NO. 2007-7287 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of February 11, 2008 shall remain in effect subject to the following modifications: 1. Commencing April 2008, father's periods of temporary custody with the minor children will no longer need to be supervised and shall continue under the schedule as set forth in the February 11, 2008 Order. 2. The parties shall negotiate between themselves and their attorneys to work out an arrangement whereby father may start overnight temporary custody with the minor children in May of 2008. It would be anticipated that father's overnights would initially simply be one night and, possibly, expanding into a weekend type of two overnights starting in July 2008. 3. If the parties are unable to work out between themselves a detailed arrangement for father to start overnight temporary custody, legal counsel for the parties may contact the Conciliator again and schedule another custody conciliation conference which may be via a conference call with the attorneys or may be an in person conference with the parties and their attorneys. 4. In the event there are any problems with respect to this custody arrangement, legal counsel for the parties may contact the custody conciliator directly to initiate an emergency custody conciliation conference. cc: ter J. Russo, Esquire &Xean M. Shultz, Esquire 4 lV,-'fgVA-IASNN3d -svro CC .Z Wd 5- 88V 8002 AMONC A {ld'd ?0 JAMES MCGOVERN, Plaintiff v ANNETTE LEE WHITE, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7287 IN CUSTODY 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 children who are the subject of this litigation is as follows: James McGovern, Jr., born August 25, 2005, and Dakota James Ziegler, born August 21, 2006. 2. A Conciliation Conference was held on April 2, 2008, with the Conciliator having a telephone conference with legal counsel for the parties. Based upon that conference, the Conciliator recommends an Order in the form as attached. Date: April ? , 2008 VL) Hubert X. Gilro ,Esquire Custody Con ' iator