HomeMy WebLinkAbout09-4992
ASHLEY DOUGLAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
JAMES WHITTAKER,
Defendant. : NO. CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, you
may lose rights and visitation of your child.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford St.
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 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.
ASHLEY DOUGLAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
JAMES WHITTAKER,
Defendant. : NO. 0 q- `? 4 4 Z CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Ashley Douglas, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in custody.
1. The plaintiff is Ashley Douglas, residing at 7 Pine Road, Apt 404, Mt. Holly Springs,
Cumberland County, Pennsylvania 17065.
2. The defendant is James Whittaker, residing at 403 Arch Street, Carlisle, Cumberland
County, Pennsylvania 17013.
3. Plaintiff seeks primary custody and shared legal custody of:
Name
Present Residence
Age
Zayden Whittaker
7 Pine Road, Apt 404,
Carlisle, PA 17013
The child was born out of wedlock.
8 m.o. (dob 10/23/08)
The child is presently in the custody of Ashley Douglas, who resides at 7 Pine Road,
Apt 404, Carlisle, Cumberland County, Pennsylvania 17013.
During the past five years the child has resided with the following persons at the
following addresses:
Persons Address Dates
Ashley Douglas 7 Pine Road, Apt 404, 10/23/08-present
Carlisle, PA 17013
The mother of the child is Ashley Douglas.
She is single.
The father of the child is James Whittaker.
He is single.
4. The relationship of plaintiff to the child is that of mother. The plaintiff currently
resides with the following persons:
Name
Relationship
Zayden Whittaker plaintiff's son
5. The relationship of defendant to the child is that of father. The defendant currently
resides with the following persons:
Defendant's grandmother, grandfather, uncle, cousin whose names are unknown, and
possibly other unknown individuals.
6. 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, 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:
a. Plaintiff has been the child's primary caretaker for all of the child's life;
b. Plaintiff provides the child with a stable home and environment with adequate
moral, emotional, and physical surroundings as required to meet the child's
needs;
c. Plaintiff has permitted contact between Defendant and the child and will
continue to do so;
d. Plaintiff is willing to accept custody of the child.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody to the child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant her shared legal custody and
primary physical custody of the child, with the father having periods of partial custody.
Date: ? 2_2' 6
Respect ubmitted,
Adam Britcher
Certified Legal Intern
THO AS M. PLACE
ROBERT E. RAINS
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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.C.S. § 4904 relating to
unsworn falsification to authorities. ??
OF THE
2D09 J "L 23 PPi 12: 4 9
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ASHLEY DOUGLAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
JAMES WHITTAKER,
Defendant. :NO. Oq - CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Ashley Douglas, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal.service to
the party.
Date 2??og
'submitted,
Adam Britcher
Certified Legal Intern
%
MEGA RIESMEYER
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
zo?l ,1 L 23 P? 12- 9
. . ,
ASHLEY DOUGLAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-4992 CIVIL ACTION LAW
JAMES WHITTAKER IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, -Tuesday, Ju1y28, 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 Counj Courthouse, Carlisle on Friday, September 04, 2009 at 1:00 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: lsl- -- -? john Magian, rr., Est --
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
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ASHLEY DOUGLAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
JAMES WHITAKER,
Defendant. : NO. 09-4992 CIVIL TERM
CUSTODY AGREEMENT
THIS AGREEMENT, made this 3`d day of derrlember , 2009, between ASHLEY
DOUGLAS, hereinafter "Mother", and JAMES WHITAKER, hereinafter "Father", concerns the
custody of their child: ZAYDEN WHITAKER, born October 23, 2008.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following.
1. Mother and Father shall share legal custody of the child.
2. Mother and Father shall share physical custody of the child.
3. Father shall have periods of physical custody of the child every Friday at 1 lam to
Monday at noon.
4. Mother shall have periods of physical custody of the child every Monday at noon to
Friday at 11 am.
5. Mother and Father will agree upon drop off and pick up times and locations.
6. Mother and Father will agree upon which holidays child will spend with each parent.
7. Mother and Father will notify each other of all medical care the child receives while
in the parent's care. Mother and Father will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
8. Neither parent will do anything which may estrange the child from the other parry, or
injure the opinion of the child as to the other parent, or which may hamper the free
and natural development of the child's love and respect for the other parent.
9. Father acknowledges that the Family Law Clinic represents only Mother's interest in
this matter and has given him no legal advice other than that he should seek the
advice of legal counsel.
10. The parties intend to be bound by the terms of this Agreement and intend for this
Agreement to be made an Order of Court.
JAMES WHITAKER, Defendant
ROB ?TE. RAINS _7
THOMAS M. PLACE
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Counsel for Plaintiff
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
Fax (717)243-3639
Certified Legal Intern
Counsel for Plaintiff
f Y
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ASHLEY DOUGLAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
JAMES WHITAKER,
Defendant. : NO. 09-4992 CIVIL TERM
CUSTODY ORDER
AND NOW, this IC' day of o(,kp y 2009, as per the attached
and signed Custody Agreement, the following terms are approved and entered as an Order of
Court.
1. Mother and Father shall share legal custody of the child.
2. Mother and Father shall share physical custody of the child.
3. Father shall have periods of physical custody of the child every Friday at 11 am to
Monday at noon.
4. Mother shall have periods of physical custody of the child every Monday at noon to
Friday at 11 am.
5. Mother and Father will agree upon drop off and pick up times and locations.
6. Mother and Father will agree upon which holidays child will spend with each parent.
7. Mother and Father will notify each other of all medical care the child receives while
in the parent's care. Mother and Father will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
8. Neither parent will do anything which may estrange the child from the other party, or
injure the opinion of the child as to the other parent, or which may hamper the free
and natural development of the child's love and respect for the other parent.
AMES WHITAKER, pro se
James Whittaker
403 Arch Street
Carlisle, PA 17013
,_,/AMILY LAW CLINIC, for Mother
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
Fax (717)243-3639
Cof CFS m?.6Lct?.
tc?rc?/mot
By the Court:
A. T it r Y It?
2009 OCT 16 AI 9: 5 1
Ashley Douglas,
Plaintiff : CUMBERLAND COUNTY, PENNSY1 NI
: IN THE COURT OF COMMON PLEAS OF
v.
James Whitaker,
Defendant
rncD cz,
rn:17J
z
: CIVIL ACTION LAW
: IN CUSTODY
C..11-73
C:17D
: NO. 09-4992 CIVIL TERM `' `\' ;---y
-S Cr7 �, 7
COUNTER AFFIDAVIT REGARDING RELOCATION UNDER 23 Pa.C.S. §5337(4)(1)
This proposed relocation involves the following child:
Child's Name
Age
Currently residing at:
Zayden Whitaker
5
149 Cedar St.
Carlisle, PA 17013
I have received a notice of proposed relocation and
1. I do not object to the relocation and I do not object to the modification of the
custody order consistent with the proposal for revised custody schedule as attached to the notice.
2. • • I do not object to the relocation, but I do object to modification of the custody
order, and I request that a hearing be scheduled:
a. Prior to allowing Zayden Whitaker to relocate.
b.
After Zayden Whitaker relocates.
3. I do object to the relocation and I do object to the modification of the custody
order, and I further request that a hearing be held on both matters prior to the relocation taking
place.
I understand that in addition to checking (2) or (3) above, I must also file this counter-
affidavi t with the court and serve it on the other party by certified mail, return receipt requested,
addressee only, or pursuant to Pa. R.C.P. No. 1930.4. If I fail to do so within 30 days of my
receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation.
I verify that the statements made in this counter -affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18Pa.C.S. §4904
(relating to unsworn falsification to authorities).
Date: 7/1 / 41/
mes Whitaker
0
Ashley Douglas,
Plaintiff
v.
James Whitaker,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: IN CUSTODY
: NO. 09-4992 CIVIL TERM
PETITION FOR HEARING
ref
Petitioner, Ashley Douglas, by and through her attorneys, the Community Law Clinic,
requests an immediate hearing regarding the custody of her minor child, Zayden Whitaker, and
in support thereof avers the following:
1. This matter involves the custody of Zayden Whitaker, a minor child, born October 23,
2008, child of Ashley Douglas (hereinafter "Mother"), and James Whitaker (hereinafter
"Father").
2. On October 15, 2009, an Order of the Court was entered for shared legal and physical
custody of the Child, a true and correct copy of which is attached. Under this Order,
Father was to have periods of physical custody of the Child every Friday at 11:00 a.m. to
Monday at noon and Mother was to have physical custody from Monday at noon to
Friday at 11:00 a.m.
3. Father moved to North Carolina on or about July 2012, and has only attempted to see the
Child four times since then. Because of Father's move, the Order of October 15, 2009 is
not being followed.
4. Since Father's move to North Carolina in July 2012, Mother has been the sole custodian
of the Child.
5. In 2013, Father was sentenced to probation in North Carolina for driving while impaired.
Since that time, he has been charged several times for driving with his license revoked.
6. Father has a history of cocaine abuse and tested positive at least as recently as January
2014.
7. Father was arrested in 2014 for possession of cocaine with the intent to distribute and for
maintaining a vehicle, dwelling or other place for use, storage or sale of a controlled
substance.
8. On June 30, 2014, this office mailed a petition for modification and notice of relocation
to Father via certified mail, restricted delivery. This petition was received by Father on
July 11, 2014. The signed green card is attached as exhibit 1.
9. On August 1, 2014, this office received Father's counter -affidavit regarding relocation
which states that Father objects to Mother's proposed relocation.
10. Mother respectfully requests an expedited hearing regarding her proposed relocation.
11. After the hearing, Mother requests that this Court allow her to move to Connecticut.
12. There are a number of reasons for the relocation.
a. Mother wants to move to Connecticut to pursue her education with the support of
her family. She would like to pursue an education in order to develop a career in
real estate or as a paralegal.
b. Mother has a significant support system in New London, Connecticut including
her father, sisters and grandparents.
c. Mother does not have significant support in Carlisle, PA and by moving to
Connecticut, her family can watch the Child while she is at work or at school.
d. The move to Connecticut will provide increased stability in the Child's life and
foster relationships with the extended family.
e. Mother has already begun looking for a job in Connecticut. She has a current job
prospect as a certified nursing assistant, but has not been able to move further
with the job because she is unsure of her moving date.
f. Father does not pay any child support nor does he initiate contact with the Child.
13. Pending a hearing, Mother requests full physical and legal custody of the Child.
Proposed modification of custody schedule following relocation:
The physical custody arrangements for the Child will be as follows once Mother
relocates:
a. Father shall have periods of physical custody of the Child one weekend per
month, from Friday after school until Sunday at 5:00 p.m. Father and Mother shall
agree upon which weekend each month the Child will spend with Father.
b. Father shall retrieve Child from Connecticut when it is his weekend with Child
and Father shall return Child to Mother's home in Connecticut when his weekend
with Child is over.
c. Mother shall have periods of physical custody of the Child during all periods of
time, excluding the one weekend per month when the Child is with Father.
d. Mother and Father shall agree upon which holidays the Child will spend with
each parent.
e. Neither party shall use illegal drugs or drink to excess while in the presence of the
Child.
WHEREFORE, Mother requests this Court grant her an expedited hearing on this matter.
Respectfully Submitted,
Nicole Ridley
Certified Legal Intern
MEG ' ESMEYER
Supervising Attorney
COMMUNITY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 241-3596
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.C.S. § 4904 relating to
unsworn falsification to authorities.
Date:
Ashley
\gjb
Douglas
Ashley Douglas,
Plaintiff
v.
James Whitaker,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
F 7
CIVIL ACTION -LAW -13 ,„
IN CUSTODYrn-10
cn
: NO. 09-4992 CIVIL TERM
C
C)
•
PETITION FOR MODIFICATION PURSUANT TO Pa.R.Civ.P. 1915.15(b) AND
RELOCATION PURSUANT TO 23 Pa.C.S.
Pursuant to 23 Pa.C.S. §5337, Ashley Douglas (hereinafter "Mother") gives notice to James
Whitaker (hereinafter "Father") that Mother intends to relocate with Zayden Whitaker
(hereinafter "Child") to a location outside of the Commonwealth of Pennsylvania.
1. The intended new residence will be Apt B-1, 73 Knobb Hill Rd, New London, CT.
2. The mailing address is the same as the address set forth above.
3. Names and ages of the individuals in the new residence and those who intend to live
there:
a. Zayden Whitaker: 5 years old (the Child)
b. Aasiyah and Khaider Vasser: 2 years old (Mother's children by another father)
c. Emma Douglas: 75 years old (Mother's grandmother)
d. Felicia Douglas: 39 years old (Mother's aunt)
4. The home telephone number is 860-437-0865.
5. Zayden Whitaker is expected to attend Jennings Elementary School in the New London
School District.
6. The relocation will occur on or about August 30, 2014.
7. There are a number of reasons for the relocation.
a. Mother wants to move to Connecticut to pursue her education and have the
support of her family.
b. She does not have significant support in Carlisle, PA and by moving to
Connecticut, her family can watch the Child while she is at work or at school.
c. The move to Connecticut will provide increased stability in the Child's life and
foster relationships with the extended family.
d. Mother has already begun looking for a job in Connecticut.
e. Father does not pay any child support nor does he initiate contact with the Child.
8. On October 15, 2009, an Order of the Court was entered for shared legal and physical
custody of the Child, who was born on October 23, 2008, a true and correct copy of which is
attached. Under this Order, Father was to have periods of physical custody of the Child every
Friday at 11:00 a.m. to Monday at noon and Mother was to have physical custody from Monday
at noon to Friday at 11:00 a.m.
9. This Order should be modified because:
a. Father moved to North Carolina on or about July 2012, and has only attempted to
see the Child four times since then. Because of Father's move, the Order of
October 15, 2009 is not being followed.
b. Since Father's move to North Carolina in July 2012, Mother has been the sole
custodian of the Child.
8. Proposed modification of custody schedule following relocation:
The physical custody arrangements for the Child will be as follows once Mother
relocates:
a. Father shall have periods of physical custody of the Child one weekend per
month, from Friday after school until Sunday at 5:00 p.m. Father and Mother shall
agree upon which weekend each month the Child will spend with Father.
b. Father shall retrieve Child from Connecticut when it is his weekend with Child
and Father shall return Child to Mother's home in Connecticut when his weekend
with Child is over.
c. Mother shall have periods of physical custody of the Child during all periods of
time, excluding the one weekend per month when the Child is with Father.
d. Mother and Father shall agree upon which holidays the Child will spend with
each parent.
e. Neither party shall use illegal drugs or drink to excess while in the presence of the
Child.
Other information: Mother currently has primary physical custody and Father has partial
physical custody.
9. A counter -affidavit which can be used to object to the proposed modification and
relocation is also enclosed with this notice.
10. IF YOU, JAMES WHITAKER, DO NOT OBJECT WITHIN 30 DAYS AFTER
RECEIPT OF THIS NOTICE YOU WILL BE FORECLOSED FROM OBJECTING TO
THE RELOCATION. To object, return the enclosed counter -affidavit to the court.
Date:
,,LV\Yt.A-
Summer Swansdn
Certified Legal Intern
'd
RIESMEYER
Supervising Attorney
COMMUNITY LAW CLINIC
371 West South Street
Carlisle, PA 17013
(717) 243-2968
(717) 241-3596
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.C.S. § 4904 relating to unsworn
falsification to authorities.
Date: (0/&. W a 6 } 9
$
Ashley Douglas,
Plaintiff
v.
James Whitaker,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
: IN CUSTODY
: NO. 09-4992 CIVIL TERM
COUNTER AFFIDAVIT REGARDING RELOCATION UNDER 23 Pa.C.S. 45337(d)(1)
This proposed relocation involves the following child:
Child's Name
Age
Currently residing at:
Zayden Whitaker
5
149 Cedar St.
Carlisle, PA 17013
I have received a notice of proposed relocation and
1. I do not object to the relocation and I do not object to the modification of the
custody order consistent with the proposal for revised custody schedule as attached to the notice.
2. I do not object to the relocation, but I do object to modification of the custody
order, and I request that a hearing be scheduled:
a. Prior to allowing Zayden Whitaker to relocate.
b. After Zayden Whitaker relocates.
3. I do object to the relocation and I do object to the modification of the custody
order, and I further request that a hearing be held on both matters prior to the relocation taking
place.
I understand that in addition to checking (2) or (3) above, I must also file this counter-
affidavit with the court and serve it on the other party by certified mail; return receipt requested,
addressee only, or pursuant to Pa. R.C.P. No. 1930.4. If I fail to do so within 30 days of my
receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation.
I verify that the statements made in this counter -affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18Pa.C.S. §4904
(relating to unswom falsification to authorities).
Date:
James Whitaker
Ashley Douglas,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
: IN CUSTODY
James Whitaker,
Defendant : NO. 09-4992 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPER'S
TO THE PROTHONOTARY:
Kindly allow Ashley Douglas, Plaintiff, to proceed in forma pauperis.
The Community Law Clinic, attorneys for the party proceeding in forma pauperis,
certifies that we believe the party is unable to pay the costs and that we are providing free legal
service to the party.
Date
Respectfully submitted,
Nicole Ridl
Certified Lega
Intern
MEGAr RIESMEYER
Supervising Attorney
COMMUNITY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Ashley Douglas,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION -LAW
: DIVORCE
James Whitaker,
Defendant
: NO. 09-4992 CIVIL TERM
CERTIFICATE OF SERVICE
I, Nicole Ridley, Certified Legal Intern, Community Law Clinic, hereby certify that I
served a true and correct copy of the Petition for Hearing, Petition for Modification and
Relocation, and Counter Affidavit Regarding Relocation, on James Whitaker, residing at,1197
Tempting Church Road Sanford, NC 27330, by depositing a copy of the same in the United
States mail, return receipt requested, postage prepaid on this 12th day of September.
Nicole Ridley
Certified Legal Intern
COMMUNITY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 241-3596
Ashley Douglas,
Plaintiff/ Petitioner
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v. : CIVIL ACTION - LAW
: IN CUSTODY
James Whitaker,
Defendant/ Respondent : No. 09-4992 CIVIL TERM
ORDER OF COURT
44/1
AND NOW, this %4 day off;2014, a hearing on the Petition for
Modification and Relocation
land the Petition for Hearing is scheduled for
CY11ll `r ( , 2014 at/Amtiti in Courtroom 3 .
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BY THE COURT,
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Ashley Douglas, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYI,-VAI hA -`
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V. CIVIL ACTION —CUSTODY- - `� 4 ---. I
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James Whitaker, 09 , •.
Defendant NO. 4992 CIVIL TERMS c ..-` -'
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--,�
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION --4c
I, Ashley Douglas, hereby swear or affirm, subject to penalties of law including 18
Pa.C.S. §4904 relating to unsworn falsification to authorities, that:
1. Unless indicated by my checking the box next to the crime below, neither I nor any
other member of my household have been convicted or pled guilty, or pled no contest, or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42
Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent
crime in any other jurisdiction, including pending charges:
Check
all that
apply
Crime
Self Other Date of
household conviction,
member guilty plea, no
contest plea or
pending charges
❑ 18 Pa.C.S. Ch. 25 0 0
(Relating to criminal
Homicide)
O 18 Pa. C.S. §2702 0 ❑
(relating to aggravated
assault)
❑ 18 Pa.C.S. §2706 ❑ 0
(relating to terroristic
threats)
Sentence
0 18 Pa. C.S. §2709.1 Cl El
(related to stalking)
0 18 Pa.C.S. §2901 1:1 TI
(related to kidnapping)
CI 18 Pa.C.S. §2902 0 El
(relating to unlawful
restraint)
0 18 Pa.C.S. §2903
(relating to false
imprisonment)
0 18 Pa.C.s. §2910
(relating to luring a child
into a motor vehicle or
structure)
0 0
0 18 Pa.C.S. §3121 0 El
(relating to rape)
El 18 Pa.C.S. §1322.1 El El
(relating to statutory
sexual assault)
0 18 Pa.C.S. §3123 El 0
(relating to involuntary
deviate sexual
intercourse)
0 18 Pa.C.S. §3124.1
(relating to sexual
assault)
0 18 Pa.C.S. §3125 0 0
(relating to aggravated
indecent assault)
El 18 Pa.C.S. §3126 0 CI
(relating to indecent
assault)
El 18 Pa.C.S. §3127 El CI
(relating to indecent
exposure)
El 18 Pa. C.S. §3129 0 0
(relating to sexual
intercourse with animal)
El 18 Pa.C.S. §3130
(relating to conduct
relating to sex offenders)
O 18 Pa. C.S. §3301
(relating to arson and
related offenses)
O 0
O 0
El 18 Pa.C.S. §4302 CI CI
(relating to incest)
El 18 Pa.C.S. §4303
(relating to concealing
death of child)
0 18 Pa.C.S. §4304 CI CI
(relating to endangering
welfare of children)
E D
El 18 Pa.C.S. §4305 0 CI
(relating to dealing in
infant children)
El 18 Pa.C.S. §5902(b) 0 CI
(relating to prostitution
and related offenses)
Li
0 18 Pa.C.S. §5903(c) or 0
(d)
(relating to obscene and
other sexual materials
and performances)
Li 18 Pa.C.S. §6301 0 0
(relating to corruption of
minors)
Li 18 Pa.C.S. §6312 Li D
(relating to sexual abuse
of children)
Li 18 Pa.C.S. §6318 0 0
(relating to unlawful
contact with minor)
18 Pa.C.S. §6320 0 0
(relating to sexual
exploitation of children)
0 23 Pa.C.S. §6114 0 0
(relating to contempt for
violation of protection
order or agreement)
Li Driving under the 0 0
influence of drugs or
alcohol
0 Manufacture, sale, 0 0
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any
other member of my household have a history of violent or abusive conduct including the
following:
Check
all that
apply
A finding of abuse by a Children & Youth
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
El Abusive conduct as defined under the
Protection from Abuse Act in
Pennsylvania or similar statute in another
jurisdiction
Self Other Date
household
member
El Other: El LI
3. Please list any evaluation, counseling or other treatment received following
conviction or finding of abuse:
4. If any conviction above applies to a household member, not a party, state that
person's name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's household has
or have a criminal/abuse history, please explain:
AN-QK
I verify that the information above is true and correct to the best of my knowledge, information
or belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date
As ley Douglas
ASHLEY DOUGLAS,
Plaintiff
v.
JAMES WHITAKER,
Defendant
IN THE COURT OF COMMON PLEA'S G13c7,
--r1
: CUMBERLAND COUNTY, PENNSY4s --A
rriCe.
rr-17.----
NO. 09-4992 CIVIL TERM z.
r---
-1.1-,
: CIVIL ACTION - LAW
IN CUSTODY <C2
---c
-I ix)
..,...
ORDER OF COURT -< (I) ..,
-
AND NOW, this 6th day of October 2014, after
hearing, Mother is granted permission to relocate with her
child, Zayden Whitaker, to the state of Connecticut. All prior
Custody Orders are vacated and replaced with the following:
1. The Father, James Whitaker, and the Mother,
Ashley Douglas, shall have shared legal custody of Zayden
Whitaker, born October 23, 2008. The parents 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 his health, education and religion.
Pursuant to the terms of 23 Pa. C.S. Section 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. Both parents
shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard
to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher, or
authority and copies of any reports given to them as parents
•
including, but not limited to: medical records, birth
certificates, school or educational attendance records or report
cards. Additionally, each parent shall be entitled.to receive
copies of any notices which come from school with regard to
school pictures, extracurricular activities, child's parties,
musical presentations, back -to -school nights, and the like.
2. Mother shall have primary physical custody of the
child subject to periods of partial physical custody in Father
as follows:
A. Up to one weekend per month from Friday at
8:00 p.m. until Sunday at 4:00 p.m. Father shall
give Mother 10 days' notice of his intent to exercise
said visitation. Said notice to be in writing, by
e-mail or by text.
B. December 26 from 5:00 p.m. until January 1
at noon.
C. Up to four nonconsecutive weeks each
summer from 5:00 on Sunday until noon the following
Sunday.
D. Such other times as the parties agree.
3. Custody exchanges shall take place at an agreed-
upon location in Carlisle, Pennsylvania.
4. Mother shall make the child available to speak to
father by phone on a weekly basis. Unless otherwise agreed, the
phone call shall occur between 7:00 and 7:15 p.m. on Wednesdays.
Father shall initiate the call.
5. The parties shall keep each other apprised of
their address, telephone number and any other contact
information as requested.
6. Mother and Father will notify each other of all
medical care the child receives while in the parent's care.
Mother and Father will notify the other immediately of medical
emergencies which arise while the child is in that parent's
care.
7. Neither parent will do anything which may
estrange the child from the other party, or injure the opinion
of the child as to the other parent, or which may hamper the
free and natural development of the child's love and respect for
the other parent.
8. No party shall be permitted to relocate the
residence of the child which significantly impairs the ability
to exercise custody unless every individual who has custodial
rights to the child consents to the proposed relocation. A
person proposing to relocate must comply with 23 Pa. C.S.
Section 5337.
By the Court,
Edward E. Guido, J.
4/1<cole Ridley, Certified Legal Intern
Megan Riesmeyer, Esquire
Community Law Clinic
the Plaintiff
James Whitaker
1197 Tempting Church Road
Sanford, NC 27330
srs
cOpl'ex
ioNiy
/11