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HomeMy WebLinkAbout09-1287CHERIE L. WARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09 - j)17 CIVIL TERM CHRISTOPHER C. WARD, Defendant IN CUSTODY 1. 2. 3 4. COMPLAINT FOR CUSTODY The plaintiff is Cherie L. Ward, residing at 60 Subdivision Road, Newville, Cumberland County, Pennsylvania 17241. The defendant is Christopher C. Ward, residing at 4 Mountain View Lane, Newville, Cumberland County, Pennsylvania 17241. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Patience A. Ward 60 Subdivision Road 03/23/19% 12 years Newville, PA Gage A. Ward 60 Subdivision Road 01/03/2001 8 years Newville, PA The child, Patience Ward was born out of wedlock and the child, Gage Ward was not born out of wedlock The children are presently in the custody of Cherie L. Ward who resides at 60 Subdivision Road, Newville, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Cherie and Christopher Ward 4 Mountain View Lane 1998-2009 Newville, PA The mother of the children is Cherie L. Ward residing at 60 Subdivision Road, Newville, Cumberland County, Pennsylvania. She is married. 5. The father of the children is Christopher C. Ward, currently residing at 4 Mountain View Lane, Newville, Cumberland County, Pennsylvania He is married. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Nancy and Michael Paxton Mother and Father Patience and Gage Ward Children 6. 7 8. The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons. Name Himself Relationship Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & ASSOCIATES Date: ? 5 Z? Michael O. Palermo, Jr?Bs*ke 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. Cherie L. Ward, Plaintiff v 1 (mil A L d u ? o? V V) r t L- -. r?.a ? My --r,7 c? CHERIE L. WARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER C. WARD DEFENDANT 2009-1287 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , 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 Friday, April 17, 2009 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/ Hubert X. Gilro Es q. AO- 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 VIN AIAaN N- Id S9 :z wd 01 avw 50x1 Ali (iviL °- 3H1:0 IIJ MAY 2 7 2009 ?-? CHERIE L. WARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CHRISTOPHER C. WARD, NO. 2009-1287 Defendant IN CUSTODY COURT ORDER It t? AND NOW, this day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Cherie L. Ward, and the father, Christopher C. Ward, shall enjoy shared legal custody of Patience A. Ward, born March 23, 1996, and Gage A. Ward, born January 3, 2001. 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. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. unless agreed otherwise by the parties. B. For two evenings per week, the evenings to be agreed upon by the parties. During the summer months, father's evening may be overnight subject to the parties working out arrangements for that schedule. C. At such other times as agreed upon by the parties. 4. The parties shall share or alternate custody on holidays pursuant to a schedule agreed upon by the parties. S f ! r ? xt ,_L+ ?, . iw- 5. This is a temporary order which will be reviewed by the parties along with the custody conciliator at a second custody conciliation conference which is scheduled for Thursday, August 6, 2009, at 9:30 a.m. cc: ? michael A. Scherer, Esquire ?Michael O. Palermo, Jr., Esquire cop I iES r" 4V L LicL s/a BY THE COURT, Judge D CHERIE L. WARD, Plaintiff vs. CHRISTOPHER C. WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-1287 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Patience A. Ward, born March 23, 1996, and Gage A. Ward, born January 3, 2001. 2. A Conciliation Conference was held on May 22, 2009 with the following individuals in attendance: The mother, Cherie L. Ward, who appeared with her counsel, Michael O. Palermo, Jr., Esquire, and the father, Christopher C. Ward, with his counsel, Michael A. Scherer, Esquire. 3. The Parties agree to the entry of an Order in the form as attached. Date: May , 2009 lv'?? HubertX. Gilroy, quire Custody Concili or AUG ~ ~~~ CHERIE L. WARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER C. WARD, N0.2009-1287 Defendant IN CUSTODY COURT ORDER AND NOW, this 1 ~~~ day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of May 28, 2009, is ratified and shall continue as a Court Order subject to the following modification: 1. Father's evening visitation during the week as set forth in paragraph 3B of the May 28, 2009 Order, shall be subject to the requirement that the father must notify the mother at least one week in advance as to when he intends to exercise evening visitation. If father does not notify mother in advance, mother may refuse this visitation provision. BY THE COURT, cc: ~chael A. Scherer, Esquire ~ee E. Osterling, Esquire J ~~ 0 o~~ CHERIE L. WARD, Plaintiff vs. CHRISTOPHER C. WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-1287 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Patience A. Ward, born March 23, 1996, and Gage A. Ward, born January 3, 2001. 2. A Conciliation Conference was held on August 6, 2009 with the following individuals in attendance: The mother, Cherie L. Ward, who appeared with her counsel, Lee E. Osterling, Esquire, and counsel far the father, Michael A. Scherer, Esquire. The father was not in attendance, and Attorney Scherer explained that the father's lack of attendance was due to a miscommunication through his office. 3. The mother expressed concerns with respect to the father's failure to exercise his evening visitation pursuant to paragraph 3B of the existing Order. Recognizing that the Court cannot make a parent a parent visit with the children, but at the same time recognizing that the mother needs to be able to rely upon some scheduling issues, the Conciliator recommends an Order in the form as attached. Date: August ~ , 2009 ~/ ~" Hubert .Gilroy, Esquire Custo y Conciliator rn ~_~. i iL`=~....i" C'i' r~r' ~u,li_ ~ _ ; J'; CHERIE WARD IN THE COURT OF COMMON PLEAS Ogx - , PLAINTIFF PENNSYLVARfA CUMBERLAND COUNTY ? ? , r D rn , CHRISTOPHER WARD, DEFENDANT NO. 09-1287 CIVIL ORDER OF COURT AND NOW, this 26th day of September, 2011, upon consideration Mother's Emergency petition to Modify Custody, IT IS HEREBY ORDERED AND DIRECTED that: 1. Father, Christopher Ward, shall file an Answer to the Motion on or before October 7, 2011. 2. The Court Administrator shall schedule this matter to be heard before a custody conciliator as soon as practicable. Michael Palermo, Jr., Esquire Attorney for Plaintiff Michael Scherer, Esquire Attorney for Defendant Court Administrator 6A S G?lau? 1\ bas W1 By the Court, - lv? ?-a M. L. Ebert, Jr., J. C°P' 0aj? IN THE COURT OF COMMON PLEAS OF CHERIE WARD ? CUMBERLAND COUNTY, PENNSYLVAN?? - PLAINTIFF i , Tom"' r a V. 2009-1287 CIVIL ACTION LAW "cam ? CHRISTOPHER WARD IN CUSTODY "" , DEFENDANT ORDER OF COURT AND NOW, Thursday, September 29, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, Friday, November 04, 2011 at 10:30 AM - -- -- at 4th Floor, Cumberland County Courthouse, Carlisle on 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/ Hubert X. Gilroy, Esq. _ 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 7/6/6 r - Pal Ief#jc, Telephone (717) 249-3166 Y ced. co( R f-{?, Schef vl -? i r t d 710 J ?jCP - ?ollrt l orb m? rn ?' ?ro?s 91A'7/?i laced ?? ??©P5 1+71C CHERIE WARD, Plaintiffs vs. CHRISTOPHER WARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1287 CIVIL ACTION - I_,AW TN CUSTODY ORDER ~~~ AND NOW, this r''~ 4 _ day of May, 2012, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. k i ~ Hubert R. Gilroy, I=squire Custody Conciliator