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Home My WebLink About02-0136MICHAEL J. WALSH, Petitioner V. ELENA WALSH, Respondent e : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. (~,~-- J~, --'--'~- : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY The Petitioner is Michael J. Walsh, a citizen of Pennsylvania, residing at 129 Lucknow Road, Harrisburg, Dauphin County Pennsylvania, 17110. The Respondent is Elena Walsh, a citizen of Pennsylvania, residing at 515 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. Petitioner seeks custody of the following child: Name Thomas Michael Walsh Present Residence 515 South 18th Street Camp Hill, Pennsylvania A~e 11 year (D.O.B. 3/8/90) From the date of birth, the child has resided with the following persons and at the following addresses: From To With Whom Address 1/96 8/96 Petitioner & Respondent 8/96 5/01 Respondent 5/01 Present Respondent & Doug McCurdy Thomas Michael Walsh was not bom out of wedlock. 518 S. 18th Street Camp Hill, Pennsylvania Highland Park Camp Hill, Pennsylvania 515 S. 18th St. Camp Hill, Pennsylvania The child is presently in the custody of Respondent, Elena Walsh, who resides at 515 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 4e e o 10. The mother of the child is Elena Walsh, currently residing at 515 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. She is not married. The father of the child is Michael J. Walsh, currently residing at 129 Lucknow Road, Harrisburg, Dauphin county, Pennsylvania, 17110. He is not married. The relationship of Petitioner to the child is that of father. The Petitioner currently resides by himself. The relationship of Respondent to the child is that of mother. The Respondent currently resides with child and Doug McCurdy. Respondent 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. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner 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. The best interest and permanent welfare of the child will be served by granting the relief requested because he offers the child a more stable and secure environment. 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, Petitioner requests the Court to grant him custody of the child. DATE: Lawrence J. Rosen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 MICHAEL J. WALSH, Petitioner ELENA WALSH, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : : CIVIL ACTION - CUSTODY : VERIFICATION I, MICHAEL J. WALSH, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. DATE: MICHAEL J.~L~H MICHAEL J. WALSH, Petitioner ELENA WALSH, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. (L~2-- ~ ; : CIVIL ACTION - CUSTODY ; CERTIFICATE OF SERVICE AND NOW, this O? day of January, 2002, I, Lawrence J. Rosen, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner MICHAEL J. WALSH, hereby certify that I have this day served a copy of the Complaint via First Class U.S. Mail, Certified Mail on the following: ELENA WALSH 515 SOUTH 18TM STREET CAMP HILL, PA 17011 Lawrence J. Rosen 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 MICHAEL J. WALSH : PLAiNTIFF ' : V. : 02-136 ELENA WALSH DEFENDANT : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, January 23, 2002 , upon consideration of 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, Mechaniesbur§, PA 17055 on Thursday, February 14, 2002 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. 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 hearing· FOR THE COURT, By: /s/ Dawn S. Sunday. Esa ,~, 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 MICHAEL J. WALSH, Plaintiff VS. ELENA WALSH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-136 CiVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ ¢ day of l'Te ~o ~' ~ ~--i , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael J. Walsh, and the Mother, Elena Walsh, shall have shared legal custody of Thomas Michael Walsh, born March 8, 1990. The parents shall consult with each other in making 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. In the event the parties are unable to reach an agreement on a major decision affecting the Child, the Mother shall have the ultimate decision-making responsibility. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child for one weekend each month, upon providing at least 14 days advance notice to the Mother of his selection of weekends. The weekend period of custody shall run from Friday at 4:00 p.m. through Sunday at 1:00 p.m. The Father's first weekend period of custody shall begin on March 1, 2002. In addition, the Father shall have custody of the Child every Wednesday from 4:00 p.m. until 7:00 p.m., beginning February 20, 2002. The Father may have custody of the Child at any additional times as agreed between the parties. 5. The parties shall have custody of the Child on holidays as arranged by agreement. 6. 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. cc: Lawrence J. Rosen, Esquire - Counsel for Father Joanne H. Clough, Esquire - Counsel for Mother BY THE COURT, VINVA'iA~NI'~cl MICHAEL J. WALSH, Plaintiff VS. ELENA WALSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-136 CIVIL ACTION LAW IN CUSTODY 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 Thomas Michael Walsh March 8, 1990 Mother 2. A Conciliation Conference was held on February 19, 2002, with the following individuals in attendance: The Father, Michael J. Walsh, with his counsel, Lawrence J. Rosen, Esquire, and the Mother, Elena Walsh, with her counsel, Joarme H. Clough, Esquire. At the parties' request, the Conciliator spoke briefly with the Child at the conclusion of the Conference. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator