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HomeMy WebLinkAbout08-2308BOBBY G. WHITE, JR., Plaintiff V. LYDIA D. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - x306 CIVIL ACTION -LAW IN CUSTODY CUSTODY COMPLAINT AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild, Esquire, and seeks to obtain shared legal and partial physical custody of the minor children, ANNAMARIE WHITE, SARAH WHITE, ANDREW WHITE and MATTHEW WHITE, from the above named Defendant, and in support thereof avers as follows: 1. Plaintiff is Bobby G. White, Jr., who currently resides at 23290 Harmon Street St. Clair Shores, Michigan 48080, having so resided since April 2005. 2. Defendant is Lydia D. White, who currently resides at 701 Hilltop Drive, New Cumberland, PA 17070 having so resided since approximately January 1991. 3. Plaintiff seeks shared legal and physical custody of the following children: Name Present Residence Agee ANNAMARIE WHITE 701 Hilltop Dr., New Cumberland, PA 17 SARAH WHITE 701 Hilltop Dr., New Cumberland, PA 14 ANDREW WHITE 701 Hilltop Dr., New Cumberland, PA 12 MATTHEW WHITE 701 Hilltop Dr., New Cumberland, PA 9 4. The children were not born out of wedlock. 5. The children are presently in the custody of Lydia D. White, who currently resides at 701 Hilltop Drive, New Cumberland, PA, Cumberland County, Pennsylvania. 6. During the past five (5) years, the children have resided with the following persons and at the following addresses: List of Persons Address Dates Lydia D. White (Mother) 701 Hilltop Drive April 2003- New Cumberland, PA April 2008 7. The mother of the children is Lydia D. White, who currently resides at 701 Hilltop Drive, New Cumberland, PA, Cumberland County, Pennsylvania. She is divorced. 8. The father of the children is Bobby G. White, Jr., who currently resides at 23290 Harmon Street, St. Clair Shores, Michigan 48080. He is married. 9. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with his wife, Jill L. White. 10. The relationship of the Defendant to the children is that of mother. The Defendant resides with the minor children. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because it will foster a closer relationship between the children and their father. 15. 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, Plaintiff respectfully requests the court to grant shared legal and partial physical custody of the minor children to Plaintiff. Respectfully submitted, Date: By: Gary . Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Custody Complaint 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. I have signed the original of this Verification and submitted it via facsimile to my attorney for attachment to this Custody Complaint. My faxed signature shall be deemed to have the same weight and effect as the original for the purposes set forth herein. D e Bobb . White, Jr., Pla iff Lq L? BOBBY G. WHITE, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. 2008-2308 CIVIL ACTION LAW LYDIA D. WHITE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 15, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 20, 2008 at 11:00 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/ john, j. Mangan, Jr., Es 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-')166 A LE OF THE r:_„i;AY 2 0 0 3 APR 16 Ni" 2.5 .r ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOBBY G. WHITE, JR., NO. 2008-2308 Plaintiff CIVIL ACTION - LAW V. . IN CUSTODY LYDIA D. WHITE, . Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Lydia D. White. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: May 7, 2008 . OADCLIFF, ESQU o w JUNOSO BOBBY G. WHITE, Jr. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2308 CIVIL ACTION LAW LYDIA D. WHITE, IN CUSTODY Defendant ORDER OF COURT AND NOW this L tk day of June 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: I. Legal Custody: The Father, Bobby White, and the Mother, Lydia White, shall have shared legal custody of Annamarie White, born 04/08/1991, Sarah White, born 08/13/1993, Andrew White, born 09/05/1995 and Matthew White, born 05/22/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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 of the Children subject to Father's partial physical custody as follows: a. For summer 2008, Father shall have physical custody of the Children from July 19, 2008 until August 02, 2008. It is specifically understood that should Annamarie be unable due to her schedule to travel to MI for this period, Annamarie has the option of not traveling to see her Father. It is further understood that should the parties' and the Children's schedules permit, Father has the option of having physical custodial periods with the Children up to three weeks for summer 2008. All reasonable efforts shall be made for the travel days occur on a weekend if the Children are not flying out of/in to Harrisburg, PA. b. For the summers commencing 2009, Father shall have physical custody of the Children for up to four (4) weeks during the month of July. All reasonable efforts shall be made for the travel days occur on a weekend if the Children are not flying out of/in to Harrisburg, PA. C. Mother shall notify Father by April 15 of any given year of the Children's or her scheduling issues concerning summer plans. d. For every Christmas commencing 2008, Father shall have physical custody of the Children from 12/26 until 1/1/09. e. For Thanksgiving 2009, Father shall have physical custody of the Children from the Saturday before Thanksgiving until the Sunday after Thanksgiving. f. The schedule outlined in subparagraph 2 (e) above shall alternate every other g. year. Mother and Father shall alternate Easter with Father having Easter 2009, the exact days and time by mutual agreement. A h. At any point in time whereby Father has the opportunity to come to this jurisdiction to see his Children, Father shall have additional periods of physical custody as deemed appropriate or necessary. 3. The non-custodial parent shall have liberal telephone/email contact with the Children on a reasonable basis. In the absence of agreement, Father shall contact the Children at least one time per week. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ,Distribution: J Diane Radcliff, Esquire ./Gary Rothschild, Esquire ,John J. Mangan, Esquire 0-6f rISS m2 LL 40/s/0g LEI YNVAW mmoo crik7"T t ? 61 M Wd I- Mnr eooz 3aC:40-C 31W 4 BOBBY G. WHITE, Jr. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2308 CIVIL ACTION LAW LYDIA D. WHITE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Annamarie White 04/08/1991 Primary Mother Sarah White 08/13/1993 Primary Mother Andrew White 09/05/1995 Primary Mother Matthew White 05/22/1998 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2008 with the following individuals in attendance: The Mother, Lydia White, with her counsel, Diane Radcliff, Esq. The Father, Bobby White, with his counsel, Gary Rothschild, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John. gan, Esquir Cus dy onciliator