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HomeMy WebLinkAbout02-0569LONNI WILSON, Plaintiff V. REX CLUGSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No.O - &q : : CIVIL ACTION - AT LAW : FOR CUSTODY ~I4PLAXNT FOR CUSTODY The Plaintiff, Lonni Wilson, by and through her attorney, The Law Offices of Patrick Lauer, Jr., files this Complaint for Custody against the Defendant, Rex Clugston, and in support thereof, avers the following: 1. The Plaintiff is Lonni Wilson, an adult individual and the natural Mother, who currently resides at 128 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Rex Clugston, an adult individual and the natural Father, who currently resides at RD#l, Box 138X, East Waterford, Juniata County, Pennsylvania 17021. 3. The Plaintiff seeks custody of the following children: Name Present Residence Age Nicholas Clugston John Clugston 128 South Enola Drive Enola, PA 17025 The children were not born out of wedlock. The children are presently in the custody of their mother, Lonni Wilson, who resides at 128 South Enola Drive, Enola, Pennsylvania. During the past five years, the children resided with the following persons and at the following addresses: Name Address Lonni and Reid Wilson 128 South Enola Drive Enola, Pennsylvania Rex and Dina Clugston RD#i, Box 138X East Waterford, Pennsylvania The Father of the children is Rex Clugston, currently residing at RD#l, Box 138X, East Waterford, Pennsylvania 17021. He is married. The Mother of the children is Lonni Wilson, currently residing at 128 South Enola Drive, Enola, Pennsylvania 17025. She is married. 4. The relationship of the plaintiff to the children is that of natural Mother. The plaintiff currently resides with the following persons: Name Relationship Reid Wilson Alexus Wilson Husband Dauqhter 5. The relationship of the defendant to the child is that of natural Father. The defendant currently resides with the following persons: Name Relationship Dina Cluqston Deadra Parson Danielle Parson Wife Step-Daughter Step-Daughter 6. Plaintiff has participated as a party in other litigation concerning the custody of the children in another court. The court, term and number, and its relationship to this action is: Court of Common Pleas of Juniata County, No. 230 of 2001, the custody complaint filed and withdrawn by defendant Rex Clugston. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the natural Mother of the children. (b) The children currently resides with Plaintiff. (c) Plaintiff and Defendant have agreed to the terms and conditions set forth in the attached Stipulation. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting to her custody of her children in accordance with the Stipulation of the parties. Date: Respectfully submitted, Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. ID No. 84745 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF LONNI WILSON, Plaintiff v. REX CLUGSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : : CIVIL ACTION - AT LAW : FOR CUSTODY VERIFICATION I, Lonni Wilson, state that I am the Plaintiff in the above- captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. § 4940. Lonni LONNI WILSON, Plaintiff v. REX CLUGSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : CIVIL ACTION - AT LAW : FOR CUSTODY WHEREAS, the parties have born to them two children, namely Nicholas Lee Clugston, born December 31, 1991, and John Skinner Clugston, born September 9, 1993; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the children, Nicholas Lee Clugston and John Skinner Clugston; and WHEREAS, it is in the best interest of the children that this Court decide the matter because the children and their mother live in Cumberland County, it is the desire of both parents that the children continue to live with their mother in Cumberland County, and the Children continue their education in Cumberland County, thus giving this Court jurisdiction; THEREFORE, this 2~ day of ~6A~ 2002, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Father and Mother shall share jointly legal custody of the Children, Nicholas Lee Clugston and John Skinner Clugston. be taken to supervision. 6. This 2. The Mother, Lonni Wilson, shall have primary physical custody of the Children, subject to periods of partial physical custody in father as follows: a. During the school year Father shall have visitation every other weekends, except during the months of September through November while the children are participating in soccer, at which time Father will have visitation every Saturday night. b. During summer vacation from school Father will have visitation for ten (10) consecutive weeks, during which mother will have custody every other weekend. c. During Fathers ten (10) week period of summer visitation mother will be allowed to take the children for one (1) vacation and Grandmother will be allowed to take children for one (1) vacation, Father is to receive at least one (1) month notice of these intended vacation dates. 3. Holiday visitation will remain the same as in the past, by mutual agreement of the parties. 4. Transportation will remain the same as in the past, both parties will meet half way. 5. During Father's visitation periods the children will not work with him, he must provide competent adult stipulation may only be altered by the mutual consent of Mother and Father. 7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. Lonni Wilsoh 'R~x Clugston / '~ Date: LONNI WILSON, Plaintiff V. REX CLUGSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW FOR CUSTODY day of __ 2002, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages written consent of the parties, and bearing the AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. LONNI WILSON, Plaintiff V. REX CLUGSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - AT LAW : FOR CUSTODY WHEREAS, the parties have born to them two children, namely Nicholas Lee Clugston, born December 31, 1991, and John Skinner Clugston, born September 9, 1993; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the children, Nicholas Lee Clugston and John Skinner Clugston; and WHEREAS, it is in the best interest of the children that this Court decide the matter because the children and their mother live in Cumberland County, it is the desire of both parents that the children continue to live with their mother in Cumberland County, and the Children continue their education in Cumberland County, thus giving this Court jurisdiction; THEREFORE, this 2~ day of consideration of the mutual covenants, hereinafter set forth, and intending parties agree as follows: ~u4~ 2002, in promises, and agreements as to be legally bound, the 1. Father and Mother shall share jointly legal custody of the Children, Nicholas Lee Clugston and John Skinner Clugston. 2. The Mother, Lonni Wilson, shall have primary physical ~ustody of the Children, subject to periods of partial physical custody in father as follows: a. During the school year Father shall have visitation every other weekends, except during the months of September through November while the children are participating in soccer, at which time Father will have visitation every Saturday night. b. During summer vacation from school Father will have visitation for ten (10) consecutive weeks, have custody every other weekend. c. During Fathers ten visitation mother will be allowed to during which mother will (10) week period of stuumer take the children for one (1) vacation and Grandmother will be allowed to take children for one (1) vacation, Father is to receive at least one (1) month notice of these intended vacation dates. 3. Holiday visitation will reraain the same as in the past, by mutual agreement of the parties. 4. Transportation will remain the same as parties will meet half way. 5. During Father's be taken to work with supervision. 6. This stipulation may consent of Mother and Father. in the past, both visitation periods the children will not him, he must provide competent adult only be altered by the mutual 7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. Lonni Wilsoh 'R~x Clugston y ~ Date: Date: