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HomeMy WebLinkAbout09-4372 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE FRY, CIVIL ACTION Plaintiff No, 01 - y37 cN'I V. MICHELLE GIBBS, CUSTODY Defendant . COMPLAINT FOR CUSTODY 1. The plaintiff is Wayne Fry who currently resides at 1219 Mountain Road, Newburg, Pennsylvania 17240, which is in Cumberland County, Pennsylvania. 2. The defendant is Michelle Gibbs who currently resides at 259 Newville Road, Shippensburg, Pennsylvania 17257, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age ALEXIS GIBBS 259 Newville Road, 4 Shippensburg, Pennsylvania (DOB 4/8/2005) The children was not born out of wedlock. During the past five years (or date of birth of the children), the children have resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Michelle Gibbs and 259 Newville Road 4/2005 - present Michelle's mother Shippensburg, Pennsylvania The mother of the child is Michelle Gibbs, currently residing at 259 Newville Road, Shippensburg, Pennsylvania. She is married, but separated from the Plaintiff. The father of the children is Wayne Fry, currently residing at 1219 Mountain Road, Newburg, Pennsylvania. He is married, but separated from the Defendant. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons other than children: Pam and Elvis Wert (girlfriend's parents) and Angela Redcay (girlfriend) 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons other than the child: Linda and Harold Gibbs (Michelle's mother and father) and Alyssa (Michelle's older daughter). 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is willing and able to perform parental responsibilities for the child. Plaintiff is in the position to provide the care and nurture which the child needs for healthy development. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her custody of the minor children. Aer'M.'Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE FRY, CIVIL ACTION Plaintiff . vi. MICHELLE GIBBS, CUSTODY Defendant . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ? Date: ,a/ Wayne OF ? ? ? NARY 28Q9 JON 29 PH 3= 16, P N?WSYU,A,"'dtA'??,1' 50 aI/Y clc L /eo'-a>369 WAYNE FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE GIBBS 2009-4372 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 01,_2009 _ , 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, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 07, 2009 at 1:30 PM 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/ Lohn . Man an r. Es q. /I jN, 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 n 2009 JL is -- P r ?; ! 2 AUG 10 2009 WAYNE FRY, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-4372 CIVIL ACTION LAW MICHELLE GIBBS, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J ORDER OF COURT ~/ AND NOW this ~~ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The instant docket number 09-4372 is hereby consolidated with docket number 06-5102 and all subsequent filings in regard to custody of the Child, Alexis Gibbs, shall be filed under docket number 06-5102. All prior Orders entered in docket numbers 09-4372 and 06-5102 are hereby VACATED and replaced with the instant Order. 2. Legal Custodv: The Father, Wayne Fry, and the Mother, Michelle Gibbs, shall have shared legal custody of Alexis Gibbs, born 04/08/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alexis every Saturday from noon unti12:00 pm at Mother's residence or some other neutral location as the parties may agree. b. Father shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holidays with the Child as mutually agreed. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status update conference with the assigned conciliator is hereby scheduled for October 13, 2009 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. 10. 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. Distribution: Sheri Coover, Esquire Jane Adams, Esquire John J. Mangan, Esquire ~_ i~ -~ 9 WAYNE FRY, Plaintiff v. MICHELLE GIBBS, Defendant Prior Judge: J. Wesley Oler, Jr., J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4372 CIVIL ACTION LAW 1N CUSTODY 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Alexis Gibbs 04/08/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on August 07, 2009 with the following individuals in attendance: The Mother, Michelle Gibbs, with her counsel, Jane Adams, Esq. The Father, Wayne Fry, with his counsel, Sheri Coover, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~~ Date John J. an ,Esquire Custod Co iliator ZCti~ ~ ~, 12 ~f ~ ~ ~ << -, -t;