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HomeMy WebLinkAbout01-2119 JUANITA L. SHA~, ' IN THE COURT OF COMMON PLEAS Plaintiff, · OF CUMBERLAND COUNTY, · PENNSYLVANIA V. · · CIVIL ACTION- LAW FREDERICK S. WRIGHT, · IN CUSTODY Defendant. . · NO. 01 -.~1/2 CIVIL COMPLAINT FOR CUSTODY Plaintiff, Juanita L. Shank, hereby ill'es this complaint for shared legal and primary physical custody of her child, Arianna Morgan Wright, bom on July 13, 1997. 1. The plaintiff is Juanita L. Shank, residing at 119½ Chapel Avenue, Carlisle, Cumberland County. 2. The defendant is Frederick S. Wright, residing at 455 North West Street, Carlisle, Cumberland County. 3. Plaintiff seeks primary physical custody of the following child: Nam~ Present Residenc~ ~ Arianna Morgan Wright 119½ Chapel Ave., Carlisle 3 The child was born out of wedlock. The child is presently in the custody of Juanita L. Shank, who resides at 119½ Chapel Avenue, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addres_s Date..____~s Juanita L. Shank 119½ Chapel Ave. June 1998-Present Carlisle, PA Juanita L. Shank Safe Harbor Sept. 1997-June 1998 Carlisle, PA · Juanita L. Shank Lincoln Hotel July 1997-Sept. 1997 Frederick Wright Carlisle, PA The mother of the child is Juanita L. Shank, currently residing at 119~ Chapel Avenue, Carlisle, Pennsylvania. She is single. The father of the child is Frederick Wright, currently residing at 455 N. West Street, Carlisle, Pennsylvania. He is single. · 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons' Relationship Name -- Arianna Morgan Wright Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons' Relationship Name - Mae Wright Mother Michael Wright Son Steve Jackson Brother 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation conceming 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 fights 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) Mother has been the child's primary caregiver since birth; b) Mother has bathed the child, fed her, made sure she received medical care when necessary, and provided her with clothing, since the child's birth; c) Mother is better able to provide the child with a home with adequate moral, emotional and physical surroundings, as required to meet the child's needs; d) Father has a substance abuse problem. 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 shared legal and primary physical custody of the child, subject to supervised visitation by the Father. ql o/o ' ' Date:I · t,- Certified Legal Intern .. ROBERT R. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 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 unswom falsification to authorities. J~ita Shank Plaintiff JUANITA L. SHANK · 1N THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK S. WRIGHT : DEFENDANT ' 01-2119 CIVIL ACTION LAW . : IN CUSTODY ORDER OF COURT AND NOW, Tuesda~ 17, 2001 ., upon consideration of thc attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. _, thc conciliator, at 4th Floor, Cumberland Count_y Courthouse, Carlisle on Wednesday, M.._____ay 09, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot be accomplished, to define and narrow thc issues to bc heard 'by thc court, and to enter into a temporary order. All children age five or older may also bc present at thc 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 hearing. FOR THE COURT, By: /s/ ~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 · nJA~TA L. SHA~, Plaintiff .' 1N THE COURT OF COMMON PLEAS OF · CUMB~L^ND COUNTy, V. PE~S~VA~ . C~IL ACT/ON-LAW F~DE~cK S. ~GHT, ' Defen~t ' ' ~o. o~_ ~//~ c~~ ~~ To the Prothonot~: ~ ~ndly ~low Ju~ita L. Sh~k, Pl~ntiff, to proceed in fora paupers. I, Julie B. Miller, Certified Leg~ Inte~ in the F~ily Law Clinic, for the p~ proceeding in fora pauper/s, ceni~ that I believe the p~ is unable to pay the costs ~d that I ~ providing free legal se~ice to the p~. The P~'s affidavit showing inabili~ to pay the costs of litigation is a~ached hereto. · . trifled Legal Intern THOMAs M. PLACE TERI L. HENN1NG Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Car/isle, PA 17013 (717) 243-2968 JUANITA L. SHANK, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · V. · CIVIL ACTION- LAW · FREDERICK S. WRIGHT, . Defendant · NO. 01- CIVIL TERM TO PROCEED IN FO~RMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending 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 tree and correct. (a) Name: Juanita Shank Address. 119½ Chapel Ave., Carlisle, PA 17013 Social Security No.' 200-60-5136 (b) Employment If you are presently employed, state Employer: Receiving unemployment_ $146/week (net) Address: Salary or wages per month: $ Type of work: If you are presently unemployed, state Date of last employment: 11/2000 Salary or wages per month. $6.25/hour Type of work: Clerk- JFC Temporary Service (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends. Pension and annuities- Social security benefits: Support payments. Disability payments. Unemployment compensation and supplemental benefits: $146/week Workman's compensation. Public Ass/stance: Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: $11 Savings account: Daughter's account- $30 Certificates of deposit: Real estate (includ/ng home): Motor vehicle: 1992 Saturn Cost, Amount Owed: Cost: $1,600, Amount Owed: $0 Stocks; bonds: Other: (0 Debts and obligations Mortgage: Rent: $110 per month Loans: Other: Fines: $ 40 per month Gas' $ 30 per month Electric: $ 100 per month Credit Cards: $1,700 (in default) Taxes. $ 400 (owed) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Arianna Morgan Wright Age: 3 Other persons. Name: Relationship: 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 unswom falsification to authorities. JUANITA L. SHANK, ' IN THE COURT OF COMMON PLEAS Plaintiff, · OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ~ : CIVIL ACTION - LAW FREDERICK S. WRIGHT, ' 1N CUSTODY Defendant. . : NO. 01 - 2119 CIVIL _PROOF OF SERVICE I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Custody on Frederick S. Wright, residing at 455 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Frederick S. Wright on the 11 t~ day of April, 2001, as evidenced by his signature on the attached green card. //Julie B. Mi[i er ~ Certified Legal Intern FAMILY LAW CLINIC ~ Postage ~ Certified Fee · Complete items 1, 2, and 3. Also complete z~- __ iter~ 4 if Restricted Delivery is desired. B. Date of Delivery Return Receipt Fee · Pdn~ your name and address on the reverse ~:1 (Endorsement Required) ~-~ so t~at we can return the card . Restricted Delivery Fee ---- · '~' . to yOU E~ (Endorsement Required) Attach this card to the back of the mailpiece, __ or._____on the front if space permits. I:~ Total Postage & Fees $ 1 Article Addressed to: delivery Iressee 1:::3 --- ' from --J- ~--~eci.~_t's Name (Ple~se~--~ ~~1 ,.._,~ . _ ,,~ t~ _ ~ / ! x3 ~ ~ YES, enter delivery address below: I-I No [I,~J, ...- · / ,,..~.Certified Mail I-! Express Mail ,~ ~r~/~ ~' I"1 R_egistered ,~_eturn Receipt for Merchandise 4. Restricted Delivery~ (Extra Fee) 2. Article blpmber (Copy froro service Label) Domestic Return Receipt 102595-99-M-1789 JUANITA L. SHANK, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY,PENNSYLVANIA V. · NO. 2001-2119 CIVIL TERM · CIVIL ACTION - LAW FREDERICK S. WRIGHT, : IN CUSTODY Defendant · ORDER OF COURT AND NOW, this [ [ day of '~ ,2001, upon consideration of the attached Custody Conciliati it is ordered and directed as follows: 1. The Mother, Juanita L. Shank, shall have sole legal custody of Arianna Morgan Wright, bom July 13, 1997. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have periods of partial physical custody of the child as the parties agree. 4. 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. BY Tt,I~ COURt(.:.'" J. · ! 455 North West Street ~ ~ .3. / v- o! Carlisle, PA 17013 x_p.o 0 9 200' bY JUANITA L. SHANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY,PENNSYLVANIA V. ' 2001-2119 CIVIL TERM · CIVIL ACTION- LAW FREDERICK S. WRIGHT, : IN CUSTODY Defendant · PRIOR JUDGE: None 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 Arianna Morgan Wright July 13, 1997 Mother 2. A Conciliation Conference was held in this matter on May 9, 2001. Father, Frederick S. Wright did not appear although he received notice of the conference. Mother, Juanita L. Shank, was present with counsel from the Dickinson Family Law Clinic, Julie B. Miller, certified Legal Intern and Teri L. Henning, Esquire, supervising attorney. 3. An Order in the form attached was requested by Mother. Date ~_~~~ _~ ~cqu~ine M. Vemey, Esqu-~re t::~~ Custody Conciliator