HomeMy WebLinkAbout01-7057
.JOAN E. LESCALLEET,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
: NO. 01 4()~J CIVIL TERM
: CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this /SJ1/dayof
December, 2001, by and between JOAN E. LESCALLEET (hereinafter referred to as
"Grandmother") and DANIEL R. LESCALLEET and TERESA M. WILSON (hereinafter
referred to as "Parents").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Parents are the natural parents of a minor child, namely Anthony
Daniel Wilson (age 3 years, born April 27, 1998); and
WHEREAS, the Grandmother is the paternal grandmother of the child and has
been the primary caretaker of the child since January, 2001; and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and visitation of the child.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The Grandmother shall have legal custody of the child.
2. The Grandmother shall have primary physical custody of the child.
3. The Parents shall have visitation and partial custody of the child as the
parties may mutually agree from time to time.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health, welfare and well being of the child is protected.
5. The parties shall do nothing that may estrange the child from the other
parent 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 or affection for the other parent.
6. The Parents shall each pay support to the Grandmother on behalf of the
child in the amount of $25.00 per week. Said payments shall be made by the Parents to
the Grandmother through the Cumberland County Domestic Relations Office and / or
P.S.C.D.U. The Father shall also continue to pay $12.50 bi~weekly for the arrears
which have accumulated until all arrears are paid in full.
7. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
8. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
9. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over these issues and
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the IS"'" day of December, 2001, before me, the undersigned officer,
appeared DANIEL R. LESCALLEET, known to me (or satisfactorily proven) to be the
same person whose name is subscribed to the instrument, and acknowledged that he
executed this agreement for the purposes therein contained.
Notarial Sea' .
Harold 5. Irwin III, Notary Public
Ca"lsle Bora Cumberland County
"..'. 51232002
My commissIon Expires ep. ,
Member, Pennsylvan'a :,:c.,ociatll)n ct Notaries
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the 1,("".1'< day of December, 2001, before me, the undersigned officer,
appeared TERESA M. WILSON, known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
Notarial Sea!
Harold S. Irwin III, Notary Public
CMISle Bora, Cumberland County
My Commission Expires Sept 23., 2002
Member, Pennsylvama ^,ssc;,,;:,:'ilor. c; Notanes
shall retain such jurisdiction should circumstances change and either party desire
further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: /P~ I
~ C' ~",j, (SEAL)
J AN E. LESe LLEET
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(SEAL)
Date: 0/1,);10,
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TERESA M. WILSON
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the I~ay of December, 2001, before me, the undersigned officer,
personally appeared JOAN E. LESCALLEET, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set y hand and official seal.
(SEAL)
Notarial Sea! public
Harold S. Irwin 1I1'~~I~~ County
Carlisle BOrD, ~~;res Sept 23. 2002
My Commission . {"soelation 0\ Not~riBa
Member, Pennsylvania.
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HAROLD S. IRWIN, III, I!SQUIRI!
ATTORNI!Y ID NO. 29920
35 I!A5T HIGH STRI!I!T
CUUSLI! PA 17013
(717) 243 8090
ATTORNI!Y POR PI!TITIONI!RS
.JOAN I!. LI!SCALLI!I!T,
Plaintiff
: IN THI! COURT OF COMMON PLI!AS OF
: CUMBI!RLAND COUNTY, PI!NNSYLVANIA
v.
: CIVIL ACTION. LAW
DANII!L R. LI!SCALLI!I!T and
TI!RI!SA M. WILSON,
Defendants
: NO. 01 _7oJ7 CIVIL TI!RM
: CUSTODY
ORDER OF COURT
AND NOW, this --2!.c1 day of December, 2001, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court,
BY THe"COU
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JOAN LESCALLEET,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
DANIEL LESCALLEET,
Defendant
: CIVIL ACTION LAW
: NO: 01-7057
: IN CUSTODY
PETITON TO MODIFY CUSTODY FOR VISITATION
1. The plaintiff is Joan Lescalleet residing at 101 Lawrence Lane, Carlisle, Cumberland
County, Pennsylvania 17013
,-
2. The defendant is Daniel R. Lescalleet, residing at 44 Conway Street, Carlisle,
Cumberland County, Pennsylvania 17013.
3. The minor child is Anthony D. Lescaleet, date of birth April 27, 1998.
4. On December 1,2001, the Honorable Edgar B. Bayley, entered a Stipulation for Custody
signed by the parties. Attached as Exhibit "A.
5. Your petitioner lived with the respondent and the minor child at 44 Conway Street,
Carlisle, Pennsylvania until recently and therefore petitioner had consistent contact with
the child and shared parental responsibilities for the child.
6. Your petitioner has moved out of the family residence and has no scheduled visitations
with the minor child.
7. Although your petitioner signed a Stipulation granting guardianship to the respondent, he
has maintained contact with the minor child and has formed a parental bond with the
child.
8. The best interest of the child will be served by the Court in modifying said Order.
WHEREFORE, Petitioner prays this Court to grant the modification of custody/visitation
Order as follows:
(a). The petitioner is granted visitation with the minor child with a schedule to be agreed
upon by the parties.
Date:Oel: 1~:20.. fo
Respectfully submitted,
ROMINGER & WHARE
Michael O. Palermo, Jr., squire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant/Petitioner
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. cons. Stat. ~ 4904 relating to
unsworn falsification to authorities.
Date: /0/ f /Cio
d:ffl~
Daniel Lescalleet
DH6.5.00
IJ'EC ~Ol
HAROLD S. IRWIN, III, eSQUIRE
ATTORNIY ID NO. 28920
35 I!AST HIGH STRSET
eARUSL! PA 17013
(717)243-8ot10
ATTORNEY FOR PI!TITIONERS
.JOAN I!!. LI!!SCALLEI!!T,
Plaintiff
: IN THI!! COURT OF COMMON PLEAS OF
: CUMBI!!RLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
DANIEL R. LESCALLEI!!T and
TERESA M. WILSON,
Defendants
.
: NO. 01 ;}D :51 CIVIL TeRM
: CUSTODY
ORDER OF COURT
AND NOW, this 21 day of December, 2001, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
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~OAN e. LI!SCALLEIIT,
Plaintiff
.-
: IN THI! CCURT OF COMMON PLUS OF
: CUMB.RLAND COUNTY, PI!NNSYLVANIA
v.
: CIVIL ACTION · LAW
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DANIEL R. LI!SCALLI!I!T and
TI!ReSA M. WILSON,
Defendants
.
: NO. 01 _7t}.~#1 CIVIL TI!RM
: CUSTODY
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STIPULATION AND AGREEMENT ~c,~:~
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THIS STIPULATION AND AGREEMENT entered into this day of
December, 2001, by and between JOAN E. LESCALLEET (hereinafter referred to as
"Grandmother") and DANIEL R. LESCALLEET and TERESA M. WILSON (hereinafter
referred to as "Parents").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS. the Parents are the natural parents of a minor child. namely Anthony
Daniel Wilson (age 3 years, born April 27. 1998); and
WHEREAS, the Grandmother is the paternal grandmother of the child and has
been the primary caretaker of the child since January, 2001; and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and visitation of the child.
NOW, THEREFORE, in consideration of the mutual covenants. promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1 . The Grandmother shall have legal custody of the child.
2. The Grandmother shall have primary physical custody of the child.
3. The Parents shall have visitation and partial custody of the child as the
parties may mutually agree from time to time.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health. welfare and well being of the child is protected.
5. The parties shall do nothing that may estrange the child from the other-
parent 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 or affection for the other parent.
6. The Parents shall each pay support to the Grandmother on behalf of the
child in the amount of $25.00 per week. Said payments shall be made by the Parents to
the Grandmother through the Cumberland County Domestic Relations Office and I or
P.S.C.D.U. The Father shall also continue to pay $12.50 bi-weekly for the arrears
which have accumulated until all arrears are paid in full.
7. Any modification or waiver of any of the proVisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
8. The parties agree that in making this agreement there has been no fraud,
concealment. overreaching, coercion or other unfair dealing on the part of the other.
9. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over these issues and
. 'I t
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:5S:
On this, the I~ day of December, 2001, before me, the undersigned officer,
appeared DANIEL R. LESCALLEET, known to me (or satisfactorily proven) to be the
same person whose name is subscribed to the instrument, and acknowledged that he
executed thi:o:~~:~ment for th\8 purposes therein contained.
\ Harold S. Irwin !11.:-lO'.ary Public
Carlisle Borc, curnoerland C"CUTl?ly2 '
MV Commission Expires Sept. ",3. _CO .
, . . ~-"'I"'I'l''''r. :-1 ',Olanes
Member. Pellnsyl\lar'a '. "oN" . -
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:88:
On this, the IS-.i'fday of December, 2001, before me, the undersigned officer,
appeared TERESA M. WrLSON, known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
I Notar.al S.n! ?J
Hartlld s. Irwin ,II. Nc-:,lry Public
Ce'll"- Bora. CumMrianCl CCUnry
My Commission Expires StlP;, :n 2002
. Memcer. Pennsylv,:,:rICl ,'~~,~ ;:',,~, c::,-:'lr:es
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shall retain such jurisdiction should circumstance~ change and either party desire
further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: !WI
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J~AN- E:-LESCkLEET
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TERESA M. WILSON
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:5S:
On this, the I~ay of December, 2001, before me, the undersigned officer,
personally appeared JOAN E. LESCALLEET, known to me (or satisfactorily proven) to
be the person whose narne is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set
Notariill Se.l! P"Olic
I '1' III No:ar; ..
Harold S. fflI ., rlaod county
Carli:Jle.e~ro, cE.~~ Sept 2.3, 2002
commISSiOn ~,. .
MY ... )ciation 01 NOI3rlQ$
Meml)er, pennsylVanla."'31
Notary Public
(SEAL)
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JOAN LESCALLEET
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
01-7057 CIVIL ACTION LAW
DANIEL LESCALLEET
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, October 20, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 21, 2006 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. 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.
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 hearine:.
FOR THE COURT,
By: Isl
ac ueline M. Verne Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with DisabiJites Act of 1990. For infonnation 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
HA VE 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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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
JOAN E. LESCALLEET,
Plaintiff
: 01-7057 CIVIL TERM
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
: IN CUSTODY
RAECIPE TO WITHDRAW APPEARANCE
To Curtis R. Long, Prothonotary:
Please withdraw the appearance of Harold S. Irwin, III, Esquire, on behalf of the
Plaintiff, Joanne E. Lescalleet, in the above captioned case.
Resp.ectf lly Submitted,
.,
!
Dated: October 21-, 2006
Harold S. Irwin, III, Esquir
64 South Pitt Street
Carlisle, P A 17013
(717) 243-6090
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Joan E. Lescalleet, in the above
captioned case.
Respectfully Submitted,
IRWIN & McKNIGHT
Date: October 30 , 2006
Dougl G. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pornfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
"
--
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
MICHAEL O. PALERMO, JR., ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date: October 30, 2006
IRWIN & McKNIGHT
Miller, Esquire
Supreme ourt I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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JOAN LESCALLEET,
Plaintiff/Respondent
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2001-7057 CIVIL ACTION - LAW
DANIEL LESCALLEET and
TERESA M. WILSON,
DefendantslPetitioner
: IN CUSTODY
ORDER OF COURT
AND NOW, this I '2..-day of ~, 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated December 1, 2001 shall remain in full
force and effect with the following modification.
2. Paragraph 3 shall provide as follows. Father shall have supervised
visitation with the child every Wednesday from 6:00 p.m. to 8:00 p.m. and every Sunday
from 4:00 p.m. to 6:00 p.m. Grandmother shall be the supervisor. Father shall also have
supervised visitation with the child on Christmas Day from 4:00 p.m. to 6:00 p.m. with
Grandmother supervising.
3. This Order is entered pursuant to an agreement of the parties at 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. Another
Conciliation Conference is scheduled for January 9, 2007 at 10:30 a.m.
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JOAN LESCALLEET,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001-7057
CIVIL ACTION - LAW
DANIEL LESCALLEET and
TERESA M. WILSON,
Defendants/Petitioner
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Anthony D. Lescalleet
April 27, 1998 Grandmother
2. A Conciliation Conference was held in this matter on December 7, 2006,
with the following in attendance: The Father, Daniel Lescalleet, with his counsel,
Michael J. Palermo, Esquire, and the Grandmother, Joan Lescalleet, with her counsel,
Douglas G. Miller, Esquire. The whereabouts of Mother, Teresa M. Wilson, is unknown
to the parties. She has had no contact with the child for some time. She was not served
with a copy of the Petition to Modify.
3. The Honorable Edgar B. Bayley entered an Order of Court (by stipulation)
dated December 1,2001 providing for Grandmother to have legal custody and primary
physical custody with the parents having visitation and partial physical custody as agreed
by the parties.
4.
F ather and Grandmother agreed to an Order in the form as attached.
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Custody Conciliator
I;;' -7 -o/t
Date
FEB 22 2007
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JOAN LESCALLEET,
Plaintiff /Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2001-7057 CIVIL ACTION - LAW
DANIEL LESCALLEET and
TERESA M. WILSON,
DefendantslPetitioner
: IN CUSTODY
ORDER OF COURT
AND NOW, this Z1 day of
consideration of the attached Custody Conciliation Report,
follows:
,2007, upon
is ordered and directed as
1. The prior Orders of Court dated December 1, 2001 and December 12,
2006 shall remain in full force and effect with the following modification.
2. Paragraph 3 shall provide as follows. Father shall have supervised
visitation with the child every Wednesday from 6:00 p.m. to 8:00 p.m. and alternating
Sundays from 4:00 p.m. to 6:00 p.m. Grandmother shall be the supervisor.
3. 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.
J.
cc: Michael J. Palermo, Esquire, Counsel for Father
Joan Lescalleet, pro se
101 Lawrence Lane
Carlisle, PA 17015
~_~ ;)..:27-07
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2001 FEB 23 Pi~ 2~ 45
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JOAN LESCALLEET,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2001-7057
CIVIL ACTION - LAW
DANIEL LESCALLEET and
TERESA M. WILSON,
DefendantslPetitioner
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Anthony D. Lescalleet
April 27, 1998 Grandmother
2. A Conciliation Conference was held in this matter on February 22, 2007,
with the following in attendance: the Grandmother, Joan Lescalleet, pro se and Michael J.
Palermo, Esquire, on behalf of Father. Father did not appear, although he was aware of
the conference. The whereabouts of Mother, Teresa M. Wilson, is unknown to the
parties. She has had no contact with the child for some time.
3. The Honorable Edgar B. Bayley entered an Order of Court (by stipulation)
dated December 1, 2001 providing for Grandmother to have legal custody and primary
physical custody with the parents having visitation and partial physical custody as agreed
by the parties. The Order of December 12,2006 provided for Father to have supervised
visitation with the child every Wednesday and every Sunday.
4.
Grandmother requested an Order in the form as attached.
J -z,~ -07
Date
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