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HomeMy WebLinkAbout01-6360TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, Plaintiffs WAYNE D. WlCKARD AND LOIS L. HURRELL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01- CIVIL TERM COMPLAINT FOR CUSTODY The plaintiffs, Timothy Alexander and Patricia Alexander, by their attorneys, the Family Law Clinic, set forth the following cause of action in custody: 1. The plaintiffs are Timothy and Patficia Alexander (the Alexanders), residing at 7 Kutz Road, Carlisle, PA 17013. 2. The defendants are Wayne D. Wickard (Father), residing at 5 Kutz Road, Carlisle, PA 17013, and Lois L. Hurrell (Mother), with a last known address of 110 East Main St., Newburg, PA 17240. 3. Plaintiffs seek custody of the following children: Name Present Residence Date of Birth Robin Wickard 7 Kutz Road, December 25, 1986 Carlisle, PA 17013 Tina Wickard 7 Kutz Road, November 3, 1988 Carlisle, PA 17013 The children were born out-of-wedlock. The children are presently in the custody of the Alexanders, who reside at 7 Kutz Road, Carlisle, PA 17013. During the past five years, the children have resided with the following persons and at the following addresses: Persons Timothy Alexander and, Patricia Alexander, and their children Addresses 7 Kutz Road Carlisle, PA 17013 Dates 9/17/01-current Lois L. Hurrell, Dusty, Bill Nailor, Jessica Hench, Melvin Hench, Katlin Nailor, Sierra Nailor Timothy Alexander and, Patricia Alexander, and their children Lois L. Hurrell, Dusty, Bill Nailor, Jessica Hench, Katlin Nailor, Sierra Nailor Lois L. Hurrell, George, Jessica Hench, Katlin Nailor, Bill Nailor, Dusty Lois L. Huh'ell, George, Jessica Hench 110 E. Main St. Newburg, PA 17240 7 Kutz Road Carlisle, PA 17013 40 W. Yellow Breaches Rd. Carlisle, PA 17013 217 Kutz Rd. Carlisle, PA 17013 Betty Nelson Trailer Park Carlisle, PA 17013 1/01-9/01 10/00-1/01 01/00-9/00 01/97-12/99 01/95-12/96 The mother of the children is Lois L. Hurrell. Her current address is unknown. Her last known address is 110 East Main St., Newburg, PA 17240. She is single. The father of the children is Wayne D. Wickard, currently residing at 5 Kutz Road, Carlisle, PA 17013. He is single. 4. The Plaintiffs are standing in loco parentis to the children. They are married. They currently reside with the following persons: Name Relationship Corey Alexander Rebecca Alexander Tenley Alexander Thomas Alexander Timothy Alexander, Jr. Kaley Alexander Robin Wickard Tina Wickard daughter daughter daughter son son daughter 5. The relationship of defendant, Wayne D. Wickard, to the children is that of father. He currently lives by himself. 6. The relationship of defendant, Lois L. Hurrell is that of mother. She currently resides with the following persons: Unknown 7. Plaintiffs have not participated as patt'~es or witnesses, or in another capacity, in other litigation concerning the custody of the children/n this or another court. Plaintiffs have no information of a custody proceeding concem/ng the children pending in a court of this Commonwealth or any other state. Plaintiffs do not know of a person not a patty to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by grant'mg the relief requested because: a) Plaintiffs are the primary caretakers of the children. b) Plaintiffs provide the children with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs. c) Plaintiffs are willing to accept custody of the children. d) Mother and Father have indicated that they wish for Plaintiffs to raise the children. e) The children have lived with the Plaintiffs in the past. 9. 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. WHEREFORE, plaintiffs request the court to grant them sole legal and primary physical custody of the two children. Date: Certified Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorney FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 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. Section 4904 relating to unswom falsification to authorities. Date: /.1 !7/0'/ Date: Timothy Alexan~ler, Plaintiff J~htrici a Ale:~ander, Plaintiff TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, Plaintiffs WAYNE D. WICKARD AND LOIS L. HURRELL, Defendants To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY NO. 01-6~(Z~) CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Timothy Alexander and Patricia Alexander, Plaintiffs, to proceed in forma pauperis. I, Lily L. Cheung, Certified Legal Intem 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. Date: Lily l~. Cheung C~ertifi_ed Legal Intern -V~I~ERT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 NOV 0 001 TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, Plaintiffs WAYNE D. WICKARD AND LOIS L. HURRELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-~36f9 CWILTERM CUSTODY AGREEMENT AND ORDER TinS AGREEMENT, made this ~'/a day of ~~- , 2001, between Timothy Alexander and Patricia Alexander (hereinafter "the Alexanders") and Wayne D. Wickard (hereinafter "Father") and Lois L. Hurrell (hereinafter "Mother") concems the custody of Father's and Mother's two children, Robin Wickard, bom December 25, 1986, and Tina Wickard, bom November 3, 1988 (hereinafter "the children"). The Alexanders and Father and Mother desire to enter into an agreement as to the custody of the children. The Alexanders and Father and Mother agree to the following: 1. The Alexanders shall have sole legal custody of the children. 2. The Alexanders shall have primary physical custody of the children. 3. Mother and Father shall have partial physical custody of the children as the parties agree. No party to this Agreement and Order will do anything which may estrange the children from another party, or injure the opinion of the cl/tildren as to the other party or which may hamper the free and natural development of the children's love and respect for the other party. Mother and Father have the right to petition this Court to modify this Agreement and Order. Father and Mother understand that the Family Law Clinic represents only the Alexanders' interests in this matter and has advised them that they should seek the advice of legal counsel. Father and Mother understand this and have chosen to proceed without counsel. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. Wayn*e D. Wickard, Defendant Lois L. Hurrell, Defendant Timot~ Alexander, Plaintiff cia Alexander, Plaintiff , Lily Id Cheung Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ORDER ANDNOWthis ?.tS ~ dayof ][.),u,~./..,,.j-,2001, the above Custody. _ Agreement is approved and entered as an Order of Court. TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, Plaintiffs WAYNE D. WICKARD AND LOIS L. ~LL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY :NO. 01- 6 3/00 CIVIL TERM CERTIFICATE OF SERVICE I, Lily L. Cheung, of the Family Law Clinic, hereby certify that I have served a true and correct copy of the Custody Complaint to Wayne D. Wickard, at 13 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. Service was complete upon receipt by Wayne Wickard on the 8th day of November, 2001· Lily ~,. Cheung Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, Plaintiffs WAYNE D. WlCKARD AND LOIS L. HURRELL, Defendants : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · IN CUSTODY · NO. 01- {o CWIL TERM CERTIFICATE OF SERVICE -~c I, Lily L. Cheung, of the Family Law Clinic, hereby certify that I have serve ~d-< correct copy of the Custody Complaint to Lois L. Hurrell, at 13 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013· Service was complete upon receipt by Lois Hurrell on the 20~ day of November, 2001. heung Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 TIMOTHY ALEXANDER AND PATRICIA ALEXANDERLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WAYNE D. WICKARD AND LOIS L. HURRELL DEFENDANT : : 01-6360 CIVIL ACTION LAW 1NCUSTODY AND NOW, Monday, November 26, 2001 , 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 Tuesday, December 18, 2001 at 10:30 AM for a Pre-Hearing Custody Confemmce. At s~4ch 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: /si [acaueline M. Vernev. Esa. ,~, ,/~ ' ' Custody Conciliator ' (fl 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 ATrORNEY 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 DEC 1 0 20 ,, TIMOTHY ALEXANDER and, PATRICIA ALEXANDER Plaintiff V. WAYNE D. WICKARD and LOIS L. HURRELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6360 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 10th day of December, 2001, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, {facq~eline M. Vemey, Esquire, (~tody Conciliator