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HomeMy WebLinkAbout09-8907PATRICK J. WOLFKILL, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :CUSTODY DAPHNE I. WOLFKILL, Defendant :NO. "6 7 cum COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Patrick J. Wolfkill, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint for Custody, in which he avers that: 1. Plaintiff, Patrick J. Wolfkill, is an adult individual residing at 500 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Daphne I. Wolfkill, is an adult individual who, upon information and belief, resides at 142 S 30"' Street, Apartment 6, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical and joint legal custody of the following child: Name Date of Birth Residence Harrison F. Wolfkill 1/16/2003 The child was not born out of wedlock. Father The child is presently in the custody of his father, Patrick J. Wolfkill, the Plaintiff herein, who resides at 500 Deanhurst Avenue, Camp Hill, Pennsylvania 17011. 4. During the past five years, the child has resided at the following addresses with the individuals indicated: Persons living with children Mother and Father Address 500 Deanhurst Avenue Camp Hill, PA 17011 Dates birth -11/13/2009 1 Father 500 Deanhurst Avenue 11/13/2009 - present Camp Hill, PA 17011 5. Plaintiff is the Father of the child and he currently resides with the child at 500 Deanhurst Avenue, Camp Hill, Pennsylvania 17011. He is married to Defendant. 6. Defendant is the Mother of the child and, upon information and belief, currently resides with her minor daughter, Abigail Wenger, at 142 S. 30'' Street, Apartment #6, Camp Hill, Pennsylvania 17011. She is married to the Plaintiff. 7. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Harrison F. Wolfkill Relationship Son with Defendant 8. The relationship of defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Abigail Wenger Relationship Daughter from a previous marriage 9. 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has been an active and involved parent since the child's birth and has been the primary caretaker since the parties' separation. 11. 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 2 action. WHEREFORE, Plaintiff requests that the Court grant him primary physical custody and joint legal custody of the parties' minor child. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 Respectfully submitted, VERIFICATION I, Patrick J. Wolfkill, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: Patrick J. olfkill C -17 , "1ti .'Ap{ 2LG9 GEC 20 Fit '(-': ^9 -* l'TIR . 00 P p A-rN Cr * 1549 e," a 35c- 4 PATRICK J. WOLFKILL IN THE COURT OF COMMON PLEAS OF PL..nrNTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8907 CIVIL ACTION LAW DAPHNE I. WOLFKILL IN CUSTODY DI?F}=,NDANT ORDF,R OF COURT AND NOW, Thursd~, January 07, 2010 ,upon consideration o'f the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, February 04, 2010 _ at __9:00 AM _.. _ for a Prc-}learin~~ Custod} Conference. At such con(~orence, an ~ffart ~~ill he made to resolve the is5u~s in dispute; ur if this cannot be accomplished, to define and narrow the issues to he heard by the court. and to enter into a temporary order. Failure to appear at the conference may provide Prounds for entry of a temporar~° 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. FOK THE COURT, By: /s/ _ Dawn S. Sunda, Es _ - -- -- - Custody Conciliator "fhe Court of Common Pleas of Cumberland County is required by la~~~ to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any bearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD "TAKE THIS PAPER TO YOt1R ATTOKNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTEi BELOW TO FIND OU"I' WEIERE YOU CAN CiET LECidAL I~iF.LP. Cumberland County Bar Association 32 South Bedt~'~rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,.,r ~ ~~ -~.1!w i ... ~ . J i_ E i ,~„