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HomeMy WebLinkAbout00-05075 SEP 01 2000W GREGORY LYNN WILLIAMS, II Plaintiff, V. PATRICE OLIVIA SPANGER-WELLS, Defendant. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5075 Civil Action - Law IN CUSTODY ORDER OF COURT AND NOW, this C!r day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father shall have primary legal custody and primary physical custody of the minor children, Cassandra Jean Williams born February 16, 1999 and Gregory Lynn Williams, born September 26, 1997. 2. Father's primary physical custody shall be subject to periods of visitation with Mother at such time and places as the parties shall agree. 3. This Order is temporary in nature. Either party seek modification upon proper petition to the Court. 4. Counsel for Plaintiff shall continue to attempt to serve Defendant with the Complaint and with this Order and shall file an affidavit of service upon completion of service. BY THE COURT, J. cc: Mary Ann Murphy, Esquire Patrice Olivia Spanger-Wells 2435 North 6 'h Street Harrisburg, PA 17110 i3 ?..: ?..FlililV l .?, ... SEP 012000f GREGORY LYNN WILLIAMS, II Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICE OLIVIA SPANGER-WELLS, Defendant. No. 00-5075 Civil Action - Law IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassandra Jean Williams February 16, 1999 Father Gregory Lynn Williams, III September 26, 1997 Father 1. A Conciliation Conference was held on August 22, 2000 with the following individuals present: Father, Gregory Lynn Williams, II and his counsel, Mary Ann Murphy, Esquire, Mother did not attend. 2. Plaintiffs counsel attempted service at the last known residence and work addresses with out success. Defendant made phone contact with the conciliator after the Conference and provided a mailing address. Defendant was advised that she could petition to modify the recommended Temporary Order following receipt thereof, if she so desired. 3. The conciliator recommends the entry of a Temporary Order of Custody as attached. V.x? lw? Pate etissa eel Greevy, Esquire Custody Conciliator GREGORY LYNN WILLIAMS, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. PATRICE OLIVIA SPANGER-WELLS 00-5075 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 27th day of July , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 22nd day of August , 2000, at 9,00 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. 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. FOR THE COURT, By. /s/ Melissa P. reev Es a. Custody Conciliato 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4 ?-a?-0o ?? qua 2 -,/,- 4 A?? ael a J* - ? a"5?.A? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREGORY LYNN WILLIAMS, II, Plaintiff V. NO. 00 - S© 75 Civil Term PATRICE OLIVIA SPANGLER-WELLS,: Defendant : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of 2000, 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREGORY LYNN WILLIAMS, II, Plaintiff V. NO. (ro- j01) Civil Term PATRICE OLIVIA SPANGLER-WELLS,: Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, GREGORY LYNN WILLIAMS, II, by and through his attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is GREGORY LYNN WILLIAMS, II, who currently resides at 22 East Columbia Road, Enola, Cumberland County, Pennsylvania. 2. The Defendant is PATRICE OLIVIA SPANGLER-WELLS whose last known address is 9 South 15th Street, Harrisburg, Dauphin County, Pennsylvania. Defendant is employed by Blanks Custodial Services, 118 Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and legal custody of the following children: GREGORY LYNN WILLIAMS, III, born September 26, 1997. and CASSANDRA JEAN WILLIAMS, born February 16, 1999. 4. The children were born out of wedlock. They currently reside with the Plaintiff, his grandmother, his uncle and his cousin. Plaintiff's brother is temporarily residing with Plaintiff while he is in school. 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time birth-2/98 Address 3126 Valley Road Marysville, PA 2/98-6/98 3126 Valley Road Marysville, PA and 22 East Columbia Ave Enola, PA 6/98-2/00 Unknown With Whom Plaintiff/Defendant/ Defendant's grandmother/ Defendant's son Defendant/Defendant's son Plaintiff/Plaintiff's grandmother/Plaintiff's cousin/Plaintiff's uncle/ and temporarily with Plaintiff's brother Defendant/Unknown 2/00-present 22 East Columbia Ave. Plaintiff/Plaintiff's Enola, PA grandmother/Plaintiff's cousin/Plaintiff's uncle/ and temporarily with Plaintiff's brother 6. The father of the children is GREGORY WILLIAMS. He is single. 7. The mother of the children is PATRICE SPANGLER-WELLS. She is married. 8. The children currently reside with the Plaintiff, his grandmother, his uncle and his cousin. Plaintiff's brother is temporarily residing with Plaintiff while he is in school.. 9. A Custody Order was entered on March 27, 1998 in the Court of Common Pleas of the 411t Judicial District of Pennsylvania, Perry County Branch by the Honorable Keith B. Quigley. This Order awarded shared physical custody of the minor child, GREGORY, to the parties. The minor child, CASSANDRA, was not yet born. Plaintiff resided in Cumberland County at the time of this order. Defendant resided in Perry County at the time of this Order. Defendant no longer resides in Perry County, and is currently believed to be residing in Dauphin County.( A copy of the order is attached hereto, incorporated by reference herein, and marked as Exhibit 10. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 12. The 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. 13. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical and legal custody. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical and legal custody of GREGORY AND CASSANDRA. Respectfully submitted, IAL Maryann Murphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff VERIFICATION I, Gregory L. Williams, verify that the statements made in the foregoing 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. G ory ill ams PATRICE O. WELLS :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT V• :OF PENNSYLVANIA- :PERRY COUNTY BRANCH GREGORY L. WILLIAMS, II :NO. 98-208 :P.F.A. GREGORY L. WILLIAMS, II :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT V. :OF PENNSYLVANIA- :PERRY COUNTY BRANCH PATRICE O. SPANGLER :NO. 98-238 a/k/a WELLS :P.F.A. O R D E R AND NOW, March 27, 1998, the parties having appeared in a companion Protection From Abuse action and the Court having entered an Order as will more fully appear in the above captioned matters, but the parties also having agreed concerning of their child, it is Directed that the Prothonotary accept this Order as a custody action separate and apart from aforesaid Protection From Abuse actions. The parties having addressed the issue of custody and ing mutually agreed, it is ORDERED AND DIRECTED as follows: The child shall be with Mother for a period of two (2) ks and the Father for a period of two (2) weeks,' with those (2) week periods alternating generally. The first exchange will take place today and the next will be on April 11 and on each two (2) week periods Mr. Williams' Grandmother or Mother will be present at exchange which will take place at the Eat-n-Park in Summerda ther shall phone Father upon leaving to go to the transfer nt so as to notif' him and erlabl.e the parties to accommodate I?t UL .i 1 ?? yyy h other. q i i The parties shall mutually advise each other concerning medical concerns such as doctors appointments and the party having custody at the time of the appointment shall make certain that the child keep said appointment or any other procedure that may be appropriate. The actual time, places and circumstances of the pick-ups and deliveries shall be arranged by the parties. The parties are free to modify the terms of the above (Order, but only by mutual agreement. The effect of this Order is a joint custody Order. cc: Plaintiff Defendant File ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREGORY LYNN WILLIAMS, II, Plaintiff V. NO. Civil Term PATRICE OLIVIA SPANGLER-WELLS,: Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant, PATRICE SPANGLER WELLS at the addresses set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Patrice Spangler-Wells Patrice Spangler-Wells 9 South 15th Street Blanks Custodial Services Harrisburg, PA 17104 118 Locust Point Road Mechanicsburg, PA 17055 Respectfully submitted, *V"JKAA?'K Maryann M rphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 :.u?xct?'?k?vsk?ss+w:m.?masssyyy;c?s .?vrc usNeNw=r?ia?s_??a3?F?Ya `?.. '? ale 3t+??L.?a..e - &%t'?i? C7 r_> ? ? 'T i _ ?! U n?ir? C? _? ' -? - Ti ? = GJ_ tD ` Ci '? _ !? ? ?-1 ? ' G . ? U '? v ?? G (% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREGORY LYNN WILLIAMS, II, Plaintiff NO. 00 - 500 5 Civil Term V. PATRICE OLIVIA SPANGLER-WELLS, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, GREGORY LYNN WILLIAMS, II, Plaintiff, to proceed in forma ap uperis. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Marya oMurp , Esq ir e Legal Se, nc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GREGORY LYNN WILLIAMS, II, Plaintiff V. NO. &o - 5'p -75' Civil Term IN CUSTODY PATRICE OLIVIA SPANGLER-WELLS, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am GREGORY LYNN WILLIAMS, II, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: GREGORY LYNN WILLIAMS Address: 22 East Columbia Road, Enola. PA 17025 (b) Social Security Number: 303-82-0940 If you are presently employed, state Employer: Giant Food Store Address: Pennsboro Commons Enola. PA 17025 Salary or wages per month: _550.00 Type of work: Cashier If you are presently unemployed, state N/A Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: -0- Dividends: -0- Pension and annuities: Social Security benefits: Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: Checking Account: N/A Savings Account: N/A Certificates of Deposit: Real Estate (including home): Motor vehicle: Make N/A Year N/A Cost N/A Amount owed N/A Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $200.00 Loans: $138.00 Monthly Expenses: $700.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Gregory Age: $ a Name: Cassandra Age: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date:. REG Y LLIAMS ?'? c-? c? c. ?? -,, ?. 'L7, z_..- ? -- <f?-- ,? ,;_? r-: ? ' C, ?? --- ??? y C v __ ?-? ?i ?? °C •- =: