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HomeMy WebLinkAbout04-4826 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JEANNETTE BANKS, Plaintiff VS. CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. ON' [(~(~ CIVIL TERM : : IN CUSTODY COMPLAINT FOR CHRTOFtY The Plaintiff is Jeannette Banks, residing at 52 F. Street, Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Christopher M. Banks, residing at an address which is unknown to the Plaintiff. Upon information and belief Christopher M. Banks resides in Cumberland County, Pennsylvania. The Plaintiff seeks custody of the following children, Jesse Banks, 15 years of age, Taylor Banks, 12 years of age, Magdalene Banks, 6 years of age, George Banks, 4 years of age, and John Banks, 1 year of age. The children were not born out of wedlock. The children are presently in the custody of their Mother who resides at 52 F. Street, Carlisle, Pennsylvania.During the past five years, the children has resided with the following persons and at the following addresses: Name Address Jeannette Banks and Christopher 52 F. Street, Carlisle Banks (parents) From/To August 2000 to present The mother of the children is Jeannette Banks currently residing at 52 F. Street, Carlisle, Pennsylvania. She is married. The father of the children is Christopher M. Banks, currently residing at an unknown address in Cumberland County, Pennsylvania. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. He is married. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following person(s): l~lgJ~l~tL~:~a~ e×cc,pt for thc. five children The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following person(s): unknown Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can best provide for the children's physical, emotional, spiritual and intellectual welfare. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant pdmary physical custody of the children to the Plaintiff. Respectfully submitted, Saidis, Shuff, Flower & Lindsay By: 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High S~reet Carlisle, PA I, the undersigned, hereby verify that the statements made herein 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: Jearf,~e B~nks, -Plaintiff'"'- JEANNETTE BANKS PLAINTIFF CHRISTOPHER M. BANKS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4826 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, September 24, 2004 , 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, October 19, 2004 at 10:30 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 hearing. FOR THE COURT. By: /s/ ]acqueline M. Verney. Esq. 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 VINVA'~$NN3d SI:OIW~ ~d2S ALf,/!ONOHIOWd 3Hi .40 qm SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~reet Carlisle, PA JEANNETTE BANKS, Plaintiff rS, CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-4826 : : IN CUSTODY Petition for Emergenc.v Relief NOW COMES Jeanette Banks, by and through her counsel, Saidis, Shuff, Flower and Lindsay, and petitions this honorable Court as follows: 1. Parties hereto are husband and wife having been joined in marriage on February 26, 1989 and having separated on or about September 24, 2004. 2. The parties are parents of five children: Jesse Banks, age 15, Taylor Banks, age 12, Magdalene Banks, age 6, George Banks, age 4 and John Banks, 1 year of age. 3. On September 24, 2004 when the parties separated, Petitioner remained in the marital home with the children. 4. On September 24, 2004 Petitioner filed a Complaint for Custody and a conciliation conference is presently scheduled for October 19, 2004. 5. During the parties marriage Petitioner had primary responsibility for the care of the children and, in fact, was not employed during her marriage but was a homemaker throughout. 6. Up until April 26, 2004 Respondent supported the family. On that date, however, he was terminated from his position at Capital Blue Cross. Upon information and belief, his termination resulted from irregularities regarding the use of a computer and Respondent did not receive unemployment compensation. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. The parties are Greek Orthodox and Respondent is a Church Deacon. From approximately March 2003 to the present he has maintained an un-permitted relationship with two young women in the church causing both his Priest and his Bishop to order him to cease the relationships and to remove himself from the parish, something that Respondent refused to do. 8. Since at least April 26, 2004 Respondent has been behaving in an erratic manner, removing himself for long periods of time, including overnight, from the marital home and setting up a separate room for himself in the basement, locked to all but himself. 9. Upon separation, and upon information and belief, Respondent removed himself to a home at 913 Forbes Road in Carlisle, Pennsylvania, the home of a parent of one of the young women in tile congregation with whom he had a relationship. 10. Two of the parties' children are pre-school age, but three of them are enrolled in school. In particular Taylor, age 12 is enrolled in Wilson Middle School and Magdalene, age 6 is enrolled at Hamilton Elementary School. 11. On Thursday, September 30, 2004, Respondent went to Wilson Middle School at 1:30 p.m. and signed out Taylor. He then went to Hamilton Elementary and signed out Magdalene. Despite Petitioner requests to him by telephone, he has not returned the children. 12. On Friday morning October 1, Petition checked with the children's schools and learned that Respondent had not brought: the children back to school. 13. Petitioner has offered enter into an arrangement, according to the terms of which, Respondent can spend time with his children. However, Respondent refuses to contact counsel for Petitioner, despite being asked to do so, or to provide the undersigned with the name of his counsel so that a reasonable custody arrangement can be arranged pending the conciliation. 14. Petitioner believes and therefore avers that Respondent will refuse to return Taylor and Magdalene to her care and custody, and furthermore, that he will not return them to their schools or provide any manner in which an interim custody arrangement can be had. 15. Petitioner believes and therefore avers that the best interests of all of the children would be served by confirming custody of them with their mother, the Petitioner, who has been their primary caregiver since their births, pending the conciliation conference on October 19, 2004. WHEREFORE, Petitioner prays this honorable Court to order Respondent to return Taylor and Magdalene to Petitioner's care and custody and to refrain from removing them from their schools or from Petitioner's custody pending the conciliation conference. ~t LINDSAY 6 W. High Street Respectfully submitted, Saidis, Shuff(~'lower & LiQ.dsay By: Carol J. Lin~d~ la #'44693 / y 26 West Hi!~5'~reet Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY l, the undersigned, hereby verify that the statements made herein 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. Date: SAIDIS SHUFF, FLOWER & LINDSAY W. High Street Carlisle, PA JEANNETTE BANKS, Plaintiff VS. CHRISTOPHER M. BANKS, Defendant : IN THI= COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-4826 : : IN CUSTODY CERTIFICATE OF SERVICE AND now, this ]' day of 2004, ~, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Christopher M. Banks 913 Forbes Road Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorne~rs fer Plaintiff, m ' ~:-(~a~61 j. Lind"S'a~, Esquire ( )D# 44693 "-~'26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA OCT 0 1 2OO4 JEANNETTE BANKS, Plaintiff VS, CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-4826 : : IN CUSTODY AND NOW, this l_%{' day of O_~..~.-~' , 2004, upon consideration of the within Petition for Emergency Relief, Respondent is hereby ordered to return Taylor and Magdalene Banks 'to the care and custody of ,Jeannette Banks and to maintain custody of all of the Ba~nks children, including ,Jesse Banks, Taylor Banks, John Banks with Petitioner pending the conciliation conference on October 19, 2004. By the Court, X,..) , J. JEANNETTE BANKS Plaintiff VS. CHRISTOPHER M. BANKS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4826 CIVIL TERM IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Christopher M. Banks, in the above captioned case. Date: Respectfully submitted, Jessio~ Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JEANNETTE BANKS Plaintiff VSo CHRISTOPHER M. BANKS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 04-4826 CIVIL TEB~I .. : IN CUSTODY C~ERTI~ICATE OF SERVICE. I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant, Christopher M. Banks, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U_.S. First Class Mail, Postage PrerPaid Carol Lindsay, Esquire 26 West High Street Carlisle, PA 17013 MidPenn Legal Services, Inc. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 JEANNE'I'rE BANKS, Plaintiff VS. CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-4826 : : IN CUSTODY RTIPIII ATIC)N CiF C)IlNRI::I The parties, through their counsel hereby stipulate as follows: The conciliation conference scheduled for October 19, 2004 shall be continued to November 12, 2004 at 1:30 p.m. Pending an order of court or agreement of the parties, this court's order of October 1, 2004 shall be extended to the extent that it provides physical custody of the children of the parties to Jeannette Banks. SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT.LAW 26 W. High Street Carlisle, PA ~e, Esquire Counsel for the Defendant Date Couns~Pi Date JEANNETTE BANKS, Plaintiff CHRISTOPHER M. BANKS, Defendant DEC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4826 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ? ~ day of D ~r-'. ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 1, 2004 is hereby vacated. 2 The Mother, Jeannette Banks and the Father, Christopher M. Banks, shall have shared legal custody of Jesse Banks, born August 22, 1989, Taylor Banks, born September 6, 1992, Magdalene Banks, born November 15, 1997, George Banks, born April 19, 2000 and John Banks, born July 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the Children. Children: Father shall have the following periods of partial physical custody of the A. Alternating weekends beginning December 10, 2004 from Friday at 4:00 p.m. to Sunday at 8:00 p.m. For the first two weekends of Father's physical custody however, Father shall have physical custody of John as follows: 1. Friday from 4:00 p.m. to 8:00 p.m. 2. Saturday at 9:00 a.m. to 8:00 p.m. 3. Sunday at 9:00 a.m. to 8:00 p.m. B. Beginning December 6, 2004, alternating Mondays and Wednesdays from 4:00 p.m. to 8:00 p.m. (This shall occur the week following Mother's weekend.) C. Alternating Wednesdays from 4:00 p.m. to 8:00 p.m. (This shall occur the week following Father's weekend.) D. In the event Father's work schedule prohibits his exercising said periods of custody, Mother shall provide alternative times as agreed. E. Such other times as the parties agree. 5. In the event that either party is in need of a babysitter for longer than two (2) hours while the Children are in their custody, the custodial parent shall offer said time to the non-custodial parent in a timely manner so that the non-custodial parent can accept the additional time. 6. Transportation shall be shared such that the receiving party shall transport, except for the first two weekends when Father does not have John overnight. In that instance, Mother shall be solely responsible to transport John. 7. The parties agree to abide by the decision of the Conciliator, after she speaks to the Children, regarding their attendance at church on the weekends they are in Father's physical custody. Counsel for the parties shall submit suggested questions to the Conciliator to ask the Children. 8. 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. BY THE COURT, cc.~arol J. Lindsay, Esquire, Counsel for Mother v/J~ssica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Father DEC 0 2.004 JEANNETTE BANKS, Plaintiff Vo CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-4826 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Jesse Banks August 22, 1989 Mother Taylor Banks September 6, 1992 Mother Magdalene Banks November 15, 1997 Mother George Banks April 19, 2000 Mother John Banks July 28, 2003 Mother 2. A Conciliation Conference was held in this rnatter on December 3, 2004, with the following individuals in attendance: The Mother, Jeannette Banks, with her counsel, Carol J. Lindsay, Esquire and the Father, Christopher M. Banks, with his counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated October 1, 2004 providing for Mother to have physical custody of the children pending the Conciliation Conference. Date The parties agreed to the entry of an Order in the form as attached. ~Yacqdeline M. Vemey, Esquire ~ Custody Conciliiator JEANNETTE BANKS, Plaintiff CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-4826 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY SUPPLEMENTAL ORDER OF COURT AND NOW, this lq ~'L day of -~C C_., , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. In the event that any of the children express an interest in attending church services with Mother during Father's periods of partial physical custody, Father shall permit that child to attend church services with Mother. Mother shall provide makeup time for Father if this occurs. 2. 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. BY THE COURT, cck(~/~rol J. Lindsay, Esquire, Counsel for er ~essica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Father Jo JEANNETTE BANKS, Plaintiff V. CHRISTOPHER M. BANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-4826 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jesse Banks August 22, 1989 Mother Taylor Banks September 6, 1992 Mother Magdalene Banks November 15, 1997 Mother George Banks April 19, 2000 Mother John Banks July 28, 2003 Mother 2. A Conciliation Conference was held in this matter on December 3, 2004, with the following individuals in attendance: The Mother, Jeannette Banks, with her counsel, Carol J. Lindsay, Esquire and the Father, Christopher M. Banks, with his counsel, Jessica Diarnondstone, Esquire, Mid Penn Legal Services. The parties agreed to abide by the decision of the Conciliator, after interviewing the children, regarding the children's attendance at church services with Mother while in the physical custody of Father. 3. An Order of Court was referred to the Honorable J. Wesley Oler, Jr. by the Conciliator under report dated December 3, 2004. The parties agreed to abide by the decision of the conciliator as attached. Date Yacqubline M. Vemey, Esquire Custody Conciliator PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sul~tte~ in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ] i mt the within matter for the next Arc3ammt Court. CAPTION OF CASE (entir~ caption must be stated in D,]] ) GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff) GORDON E. LUCE or Occupants ( Defendant ) No. 4888 Civil x~Nx 2004 State matter to be argued (i.e., pla{ntiff's ,~tion for new tr~a], defendant's d~murr~r to cc~p]a~nt, etc.): Plaintiff's Motion for Summary Judgment for possession of 91 Sandbank: Road, Shippensburg, PA 17257 2. Identify counsel who w~ ] ] argue case: (a) for plaintiff: ~ess: Kimberly A. DeWitt, Esquire P.O. Box 650 Hershey, PA 17033 (b) for defendant: Pro se ~r~ss: 3. I w~ll notifTa11 parties in~-itingwitkintwoda¥$ that this case bas been 14stedforargur~nt. 4. Argmmnt Court Date: February Mar thanE. ~el At o/~~f~r Plain~_f