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Home My WebLink About04-0397IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA lan Wingfield Shalinda Macon : CIVIL ACTION : Petitioner : ; : NO. Respondent : PETITION FOR CUSTODY And Now Comes Ian Wingfield, Petitioner herein, by and through his Attorney Lenora M. Smith, who files this Petition for Custody and in support hereon submit the following: Petitioner, Ian Wingfield, is the natural father of the child involved who currently resides at 1943 Rudy Road, Harrisburg, Dauphin County, Pennsylvania 17104. Respondent, Shalinda Macon, is the natural mother of the child involved who currently resides at 488 West Dulles, Camp Hill, Cumberland County, Pennsylvania 17011. The Parties are t he parents o f t he minor child, N aje' Unique M acon-Wingfield born July 22, 1997 who has lived with the respondent all her life and is presently living with respondent at the above mentioned address. The Parties aver that it is in the best interests of the minor child to place her in the Joint Legal and Primary Physical Custody and Liberal Visitation, along with alternate weekends and holidays, to both Parties herein. Wherefore, Petitioner request this Honorable Cotat to grant Joint Legal and Primary Physical Custody and Liberal Visitation, along with alternative weekends and holidays, to both Parties herein. Date: January 30th, 2004 Respectfully Submitted, Lenora M. Smith, Esquire Attorney for Petitioner 1205 N. 2~a Street Harrisburg, Pa. 17102 717~234-1688 I.D.#22607 CERTIFICATE OF SERVICE I, Lenora M. Smith, Esquire, do hereby certify that on this date, I served a copy of the foregoing PETITION FOR CUSTODY by placing the same in the United States mail, CERTIFIED RETURN RECEIPT in Harrisburg, Pennsylvania, address to the following: Shalinda Macon 488 West Dulles Camp Hill, Pa. 17011 Date: January 30th, 2004 Lenora M. Smith, Esquire Attorney for Petitioner 1205 North Second Street Hamsburg, PA 17102 IAN WINGFIELD PLAINTIFF SHAL1NDA MACON DEFENDANT IN THE COURT Ot7 COMMON PLEAS Ot7 CUMBERLAND COUNTY, PENNSYLVANIA 04-397 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday05, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p. Gr~, the conciliator, at 301 Market Street, Le~ on Tuesday ~March 02, 2004 at 11:30_~ 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 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: /s/ MeJi~aP~ 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 iud/v/duals having business beibre the court, le must be made at least 72 hour ~ ........... ~ . · p ase contact our office. All a conference or hearing, sv ....[, ,my nearing or nusmess before the court. You must attendr/l~engs~leednut~ed YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEy AT ONCE. IF YOU DO NOT ][1AVE AN ATTORNEy OR CANNOT AFFORD ONE, FORTH BELOW TO FIND OUT WHERE GO TO OR TELEPHONE THE OFFICE SET YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 APR 0 ? 200 lAN WlNGFIELD, Plaintiff SHALINDA MACON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-397 CIVIL TERM CIVIL ACTION - LAW iN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, lan Wingfield and Shalinda Macon, shall have shared legal custody of the minor child, Naj(~ Unique Macon-Wingfield, born July 22, 1997. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the child's gen~eral well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing April 3, 2004, on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 8:00 p.m. B. Commencing April 30, 2004, on alternating weekends, from Friday at 6:00 p.m. Friday until Sunday at 8:00 p.m. C. At such other times as the parties may agree. 3. Holidays. The following holiday schedule shall take precedence over the regular custodial schedule: A. Alternatinq Holidays. The parties will alternate the following holidays commencing with Mother having custody for Easter 2004: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. NO. 04-397 CIVIL TERM B. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at Noon. Segment B shall be from December 25th at Noon until December 26th at 6:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have .Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. 4. Vacation. Father shall be entitled to two (2) consecutive weeks of Summer vacation during the first two (2) weeks of August 2004. Commencing 2005, each parent shall be entitled to two (2) weeks of custody each Summer, which may be consecutive or non-consecutive, for purposes of Summer vacation. The parties will provide each other with notice of their intended vacation plans by May 1st each year. 5. Transportation. Transportation incident to the custodial exchange will be provided by the parent relinquishing custody. 6. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other' parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. BY THI~ Dist: lAN WINGFIELD, Plaintiff SHALINDA MACON, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERIng, ND COUNTY, PENNSYLVANIA NO. 04-397 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME Naj~ Unique Macon-Wingfield DATE OF BIRTH CURRIENTLY IN THE CUSTODY OF July 22, 1997 Mother 2. A Custody Conciliation Conference was helld on March 29, 2004 following Father's filing of a Petition for Custody. Present for the conference were: the Father, lan Wingfield, and his counsel, Lenora M. Smith, Esquire; the Ivlother, Shalinda Macon, and her counsel, Jessica Diamondstone, Esquire. Date The parties reached an agreement in the form of an Order as attached. "-"- "~e"lissa Peel Greevy, Esquire Custody Conciliator :226310