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HomeMy WebLinkAbout86-34671 ~, NOELLE M. WHETSTINE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 3467 CIVIL 1986 vs. CIVIL ACTION - LAW STEPHEN S. DUKES, ~ CUSTODY Respondent ORDER OF COURT AND NOW, this ~ day of t , 1999, upon consideration of the attached Complaint for Modification of Custody, it is hereby directed that the parties and their respective counsel appear before N.~~~ '~\~~wi .~ ~ the conciliator, at -~ ~C 1 - ~~f ~U ~ Cd r(~o~ ~ on the dS day of Vex 1"e-- 1999, 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 define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conci iato ..~> YOII SHOULD T711CE THIS PAPER TO YOUR LAIIYER AT ONCE. IF YOU DO NOT HljpE A L7111YER OR C]1N~TOT 71FFOxD ONE, OO TO OR TELEPHONE T88 OFFICE 88T FORTS BELO11 TO FIND OUT 11HERE YOII Cl1N (SET LEGl~L BELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~^ t~NbA~SNN~~1~4i1~ ~~"`, - ~~ :~ ~~ ~ t ~~~~ ~~ -, ~. .r ~~~...,~t '~ ~ ; l,J Y ~!`;- NOELLE M. WHETSTINE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 3467 CIVIL 1986 vs. CIVIL ACTION - LAW STEPHEN S. DUKES, Respondent CUSTODY PE'1'ITIOl1 TO 1[ODIpY C08TODY Petitioner, Noelle M. Whetstine, by her attorney, Murrel R. Walters, III, Esquire, files this petition and respectfully represents the following: 1. Petitioner is Noelle M. Whetstine, who resides at 4903 Sugar Shack Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Stephen S. Dukes, who resides at 212 Lewisberry Road, New Cumberland, York County, Pennsylvania. 3. The parties were married on June 25, 1983 and divorced November 1986. 4. Tarah D. Dukes was born of this marriage on June 29, 1985. 5. An Order was entered by this Court on February 3, 1987 confirming a stipulation of the parties and establishing joint legal custody, primary physical custody with Petitioner and periods of partial custody with Respondent. A copy of that Order is attached hereto, made a part hereof and marked "Exhibit A". 6. The existing Order should be modified because the relationship between Tarah D. Dukes and Respondent has deteriorated, as evidenced by the following recent actions of Respondent: a. Respondent slapped Tarah on the face two times. b. Respondent falsely accused Tarah of taking personal items at his house. c. Respondent threw her personal possessions around the room. d. Respondent has forbidden Tarah to call Petitioner when ehe is visiting with him. As a result of these incidents, Petitioner has sought assistance through family counseling. She set up sessions through the Stevens Center in Carlisle. These sessions were attended by Petitioner and Tarah. Respondent came to two sessions but refused to attend further. The problem that was being addressed was the relationship between Respondent and Tarah, so without his participation the sessions will be discontinued. ~. Petitioner is convinced that the best interest and sus ending direct permanent welfare of Tarah will be served by P partial custody between Respondent and Tarah. Unless and until the relationship between Respondent and Tarah is improved, there will be no positive results from direct contact between the two. 8. Respondent's parents, Barbara Dukes and James Dukes, of Mechanicsburg, are a continuing positive influence on Tarah. Petitioner suggests that the partial custody time allotted to Respondent under the current order be transferred to Tarah's grandparents. THEREFORE, Petitioner Noelle M. Whetstine respectfully requests this Court to enter an order confirming legal custody in Petitioner with regular periods of partial physical cus ~ y awarded to Barbara Dukes and James Dukes. Attorney for Petitioner 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 pERIBZCI-TIO11 I verify that the statements made in this Petition to Modify Custody 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 to authorities. Date NOELLE M. WHETSTINE ~y C ~I STEPHEN S. DUKES, Plaintiff vs. NOELLE M. DUKES Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 3467 CIVIL 1986 CIVIL ACTION - LAW CUSTODY .. ''.1 ORDER ' this ~ day of ~~~~"' " ~ 1987 AND NOW, ~/ upon consideration of the attached Stipulation for Entry of Custody Order, it is hereby ordered and decreed that the terms thereof are approved and that custody, partial custody aDd visitation are awarded as set forth in the Stipulation with the same force and effect as if the same~,had been decreed by the court following an Evideritiar •-Nearing. /~~ By the Co S .-.. -- J . r TRUC COPY FROM RECORD to `fasi~~r•~ ~; w,:or~ f, h re un?o sat mY ~~ ,na the ~ ~~ ~~i. t ~,~.ti:.le, Fa. fl ~ M+~ Thic ~ .,~ 1J ~ P f ~~''~-w.~wiy Exhibit "A" STEPHEN S. DUKES, Plaintiff vs. NOELLE M. DUKES Defendant : IN THE COURT OF COMMMON PLEAS OF ; CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW : N0. 3467 CIVIL 1986 : CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties hereto desiring to amicably settle and resolve all outstanding issues concerning custody, partial custody and visitation with respect to their daughters Tarah D. Dukes the minor child who is the subject of this action, hereby stipulate and agree to the entry of an order awarding custody, partial custody, and visitation of Tarah D. Dukes as follows: 1. The parties shall share joint legal custody of their child. Legal custody shall be defined to mean the legal right to make major decisions affecting the best interest of their child including but not limited to medical, religiousi and educational decisions. 2. Noelle M. Dukes hereafter referred to as mother shall have primary physical custody of the child. 3. Stephen S. Dukes hereafter referrred to as father shall have the following rights of partial custody and/or visitation: a. One week night evening each week from 3:00 P.M. ~pntil 8:00 P.M. K ~ ref l e4s"~ ::r~•-y e l1 P'' G ~ h• `~'~';` ~z-~ ~!: ao ,~ ~ ~ ^~ ~..------ until rrs$~6' ~~//~ b. 8•a•s~ weekend from P.M. ~.inday. c. For one full week during each of the three summer months of June, July, and August. These weeks shall under no circumstances be consecutive, nor shall they interfere with any scheduled school dates once the child starts school. The father shall give the mother thirty days written notice of his intent to exercise this right. The mother shall have the corresponding right of one uninterrupted week during each of the three summer months of June, July, and August upon thirty days written notice to the father, again, with the proviso that none of these weeks shall be consecutive. d. Christmas, Easter, Tarah's Birthday on June 29 and Thanksgiving shall be split between the parties with one party having custody in the morning and the other party having custody during the afternoon. This provision shall take effect with Easter 1987 during which time the father shall have custody in the morning and the mother in the afternoon and this shall alternate from Holiday to Holiday. e. The mother shall have custody of the child on Mother's Day and the Father shall have custody of the child on Father's Day. f. The parties shall alternate custody of the child on the Holidays of. New Years Day, Memorial Day, Independence Day and Labor Day. g, The father shall have such additional partial custody and/or visitation as the parties may agree upon from time to time. 4. Each party shall upon request of the other party disclose in writing the name, address and telephone number of any babysitters or day care providers which they regularly use, and who provide for care of the child outside of the parties ~ hornet This provision is for the purpose of making it possible to ,se..rr,. ,,...u,:.w contact the child in the event of a medical or other emergency involving either parent. 5. This agreement and any order issued pursuant to this agreement may be modified by agreement of the parties at any time or may be standards modified by order of the court in customarily applied by the Court accordance of Common with the Pleas of rt orders. Cumberland County to modification of custody 6, Each party acknowledges that he or she has had an this opportunity to consult with counsel prior to signing agreement and that all of the provisions thereto have been fully explained by the parties respective counsel. ~ ~. The parties agree that this agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an order awarding custody, partial custody, and visitation as set forth herein, and the parties hereby request the court to enter such an order. IN WITNESS WHEREOF, the parties and their counsel have executed this agreement on the dates indicated below. ~~ ~/ ~ / ~ /Stephen S . Dukes Date ~' ~ ~ ~^ . ~ /~~~ ~ . _ / Date Fred H. Ha t, Esquire Counsel for Plaintiff Date __ ~~`~87 Date ~ n.~~" L ~ `~ - Noelle M. Dukes ohn F. G yl Esquire Counsel r efendant '~ 'T7 f ~ _ qff ~~~ _ ~.~{..1 t `. J ~ „.l ~. -<; _~ CD ;-~ ~ ~~ ~'~ ~ ~ 199g~ NOELLE M. WHETSTINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI~~ v CIVIL ACTION -LAW STEPHEN S. DUKES, NO. 86-3467 CIVIL Defendant IN CUSTODY CO (ART ORDER AND NOW, this ~ day of ~ 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of February 3, 1987 shall remain in effect subject to the modifications as set forth below. 2. It is understood that the parties will continue to work with Tarah visiting her Father, and the parties will acknowledge that the present custody schedule will not technically be enforced over the next few months pending further negotiations between the parties and pending Tarah's further interaction with her Father. 3. The minor child shall attend at least 3 counseling sessions with a counselor as agreed upon by legal counsel for the parties. Father shall incur the cost of that counseling. The intent of the counseling is to focus on Tarah and her personal needs. 7'he parents will only be involved if the counselor suggests such an involvement. 4 The parties will meet for another Custody Conciliation Conference on Thursday, September 16, 1999 at 8:30 a.m. BY cc: Ronald Turo, Esq. _ Murrel R. Walters, III, Esq. Edgaz F J. _~ `t . ; A -- ,= ,. ,. y_ ~~ t:~ - ~~~ ~~J~ ~ ~ 'yy~;~, ~~ NOELLE M. WHETSTINE, Plaintiff v STEPHEN S. DUKES, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW N0.86-3467 CNIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CNIL 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: Tarah D. Dukes, born June 29, 1985. 2. A Conciliation Conference was held on June 25, 1999, with the following individuals in attendance: The Mother, Noelle M. Whetstine, with her counsel, Murrel R. Walters, III, Esquire; and the Father, Stephen S. Dukes, with his counsel, Ronald Turo, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~ g DATE Hubert X, ikoy, Esquire Custody Conciliator