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Home My WebLink About05-2281 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTl, ESQUIRE Attorney l.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff THOMAS M. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA DOMESTIC RELATIONS SECTION v. NO. () S - ;7....J.,g / NICKOLA K. WALLACE, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Thomas M. Wallace, an adult individual residing at 2006 CarlisI Road, Camp Hill, Cumberland County, PennsyIvania. 2. Defendant is Nickola K. Wallace, an adult individual residing at 94 North 0 d Stonehouse Road, CarlisIe, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Age Haley Wallace 2006 Carlisle Road Camp Hill, Pennsylvania 170 II 16 Andrea Wallace 94 N. Old Stonehouse Road Carlisle, Pennsylvania 17013 14 4. The children were not born out of wedlock. Haley currently resides with Plai tiff. Andrea currently resides with Defendant. 5. During the past five (5) years, the children have resided with the following persons at the following address(es): A. HALEY WALLACE Name Address Dates Thomas Wallace and Nickola Wallace 94 N. Old Stonehouse Road 4/00 through 7/21/04 Carlisle, Pennsylvania \7013 Nickola Wallace 94 N. Old Stonehouse Road 7/21/04 through 4/021 5 Carlisle, Pennsylvania \7013 Thomas Wallace 2006 Carlisle Road 4/02/05 through prese Camp Hill, Pennsylvania 170 II B. ANDREA WALLACE Name Address Dates Thomas Wallace and Nickola Wallace 94 N. Old Stonehouse Road Carlisle, Pennsylvania 17013 4/00 through 7/21/04 Nickola Wallace 94 N. Old Stonehouse Road Carlisle, Pennsylvania I 70 13 7/21104 through present 6. The relationship of Plaintiff to the children is that of Father. Plaintiff current! resides with the following persons: Name Relationship Daughter Mother Haley Wallace Alberta Wallace 7. The relationship of Defendant to the children is that of Mother. Defendan currently resides with the following persons: Name Andrea Wallace Relationship Daughter 8. Plaintiff has not participated as a party or a witness, or in any other capacit m other litigation concerning the custody of the children in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the chi1dre pending in a court of this Commonwealth. 10. 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 t the children. 11. The best interest and permanent welfare of the children will be served by gr nting the relief requested. 12. Each parent whose parental rights to the children have not been terminated a d the person who has physical custody of the chiIdren has been named as a party to this action. WHEREFORE, Plaintiffrequests the Court to grant him shared legal and primary physical custody of the two minor children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: 5h-(os- By: &ftu1tlr ~ MARIA P. CO TI, ESQUIRE Attorney LD. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERlFICA nON I, THOMAS M. WALLACE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and beli f. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 904 relating to unsworn verification to authorities. Date: S I~ fo~ .' .. CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that 0 this date I served the foregoing Complaint for Custody by depositing a true and exact copy the eof in the United States mail, first class, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: 5/'> 1(/.\---- By: MARIA P. OGN Attorney LD. No. 210 Grandview Avenue, Suite 102 Camp Hill, PA l70Il Telephone No. (717) 909-4060 Attorney for Plaintiff , ~ ~ lu D C\I ~ ~ W ~ ~ '-' l:\~ ~. ~~ '),~ ':-- ", \A':' ~ ~(l;;. ~~~ \ ~ " "- ....... (J'- ~ \, ~ o c: .....' c:? r~.;:l c-'" -:-1\ ,. .-' :~~'" -- '..:--:'"~ ---~ \ W o -n .... ::C-n \1'\p ~.O f1l :uO (:~(:, ".r"-'-' ;:>'r~ '~:_,j("'l .~ ,.. ~:;'J '-< ~-:' :::.1.:. - en CO THOMAS M. WALLACE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2281 CIVIL ACTION LAW NICKOLA K. WALLACE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 11, 2005 ._.__...._._..., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at_._ DJ Manlove's, t901 State St., Camp Hill, PA 17011 on Friday, June 03, 2005 , the conciliator, at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort wit! be made to resolve the issues in dispute; or if this cannot be accomplished, to deline 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 lor entry of a temporary or penn anent 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/ Melissa P. Greevy, Esq. Custody Conciliator 'Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inlormation 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 Bed lord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~rJ' 'J. "IJ"M ~ t~ '/.--""' 1-"">11PJ/ , . /77f'"1f>1/ -:r . vv, .~ reC0.!/Jl '1 ' . '" !/Y. ,yn ,,?"P tv 1. ~ ",,7/F' , 7Jt.~V!J! ' fI - i.' i\\. ) ,) Z;'.r; .517 U.::;' 5 rl EI Y ""f"'\'~;: ,}\ r.\ :.\:',.\S0\S~ t..,\.} .', ,.i . ':::;;-\1 ~Ci ,. RECEIYED JUN 2 0 20C~; . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2281 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THOMAS M. WALLACE, v. NICKOLA K. WALLACE, Defendant INTERIM ORDER OF COURT AND NOW, this do ~ day of June, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custody. The parties, Thomas M. Wallace and Nickola K. Wallace, shall have shared legal custody of the minor children, Haley Wallace, born July 1, 1988, and Andrea Wallace, born March 12, 1991. 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. Pursuant to the terms of 23 Pa. C. S. S5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical CustodY. The parties shall have shared physical custody of the minor children on an alternating week-on, week-off basis. The custodial exchange day shall be Sunday. The custodial exchange time shall be 7:00 p.m. Mother's first custodial week shall commence at 7:00 p.m. on June 19, 2005. Father's next custodial week shall commence on June 26, 2005 at 7:00 p.m. 3. As to Haley, this Interim Order is in effect on a trial basis and onlv until the next Custody Conciliation Conference. No Order shall be in effect as to physical custody of Haley, pending hearing, should the parties not have agreement at the August 12, 2005 Conciliation. '" NO. 05-2281 CIVIL TERM 4. The Custody Conciliation Conference shall reconvene on August 12, 2005 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BYT J. Dis!: .AOfaria P. Cognetti, Esquire, 210 Grandvjew Avenue, Suite 102, Camp Hill, PA 17011 ,)Hayne F. Shade, Esquire, 53 W. Pomfret Street, Carlisle, PA 17012 '-'~..' ,'W"," :)~'1\\ loJ I S:9 ~,,!V I Z Nor sooz "e '1'''''' "~"d ~Hl '0 AHU iJI'A ;e^" Ill,"'" ~ ~ 1"J,_ ,I,..., I.,. /~ -II .... 3~)i:!:!o-0311:l ..... ~- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2281 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THOMAS M. WALLACE, v. NICKOLA K. WALLACE, Defendant 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 THE CUSTODY OF Haley Wallace Andrea Wallace July 1, 1988 March 12, 1991 Father Mother 2. Father filed a Complaint for Custody on or about May 5, 2005. The Custody Conciliation Conference was held on June 3, 2005. Present for the conference were: the Father, Thomas M. Wallace, and his counsel, Maria P. Cognelti, Esquire; the Mother, Nickola K. Wallace, and her counsel, Wayne F. Shade, Esquire. 3. attached. The parties reached an agreement in the form of a Temporary Order as or Melissa Peel Greevy, Esq re Custody Conciliator :252166 RECEIVED AUG 2 3 7nn~ IS I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2281 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THOMAS M. WALLACE, v. NICKOLA K. WALLACE, Defendant ORDER OF COURT AND NOW, this ~,,~ day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of June 21,2005, is VACATED. 2. LeQal Custody. The parties, Thomas M. Wallace and Nickola K. Wallace, shall have shared legal custody of the minor children, Haley Wallace, born July 1, 1988, and Andrea Wallace, born March 12, 1991. 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. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custody. The parties shall have split physical custody with Father having primary custody of Haley and Mother having primary custody of Andrea. A. Commencing August 12, 2005, Father shall have both children on alternating weekends from Friday after school until Monday when the children are returned to school. B. Commencing August 19, 2005, Mother shall have custody of both children from Friday after school until Monday morning when they are returned to school. C. Father will have partial custody of Andrea one night each week which mayor may not be an overnight period of custody, depending on the parties' work schedules and the logistics of getting Andrea to school. Each .' NO. 05-2281 CIVIL TERM Friday, Father will let Mother know of the day in the following week during which he will be off work and available to have partial custody of Andrea. On that same night, Mother shall have partial custody of Haley. 4. In light of serious tensions that exist, the Mother and the oldest daughter shall participate in therapeutic family counseling. J. Dis!: ~ia P. Cognelti. Esquire, 210 GrandviewAvenue, Suite 102, Camp Hill, PA 17011 .)IVayne F. Shade, Esquire, 53 W. Pomfret Street, Carlisle, PA 17012 .j . J{t? fu"Y o L S :0 Wi S2 :1fW SOUZ Ad\/J.UI",JU~UJJdd 3Hl .::10 3:J1:J3Q-CFllL-J - RECEIVED AUG 23 2005r THOMAS M. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2281 CIVIL TERM v. CIVIL ACTION - LAW NICKOLA K. WALLACE, IN CUSTODY Defendant 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 THE CUSTODY OF Haley Wallace Andrea Wallace July 1, 1988 March 12, 1991 Father Mother 2. The parties' second Custody Conciliation Conference was held on August 12, 2005. Present for the Conference were the Father, Thomas M. Wallace, and his counsel, Maria P. Cognetti, Esquire; the Mother, Nickola K. Wallace, and her counsel, Wayne F. Shade, Esquire. 3. I T:7" rn"h" '" ,grn=~~ ,Ita"'ed ~p1 M,';,,,, p", Orn"" E,,'lrn Custody Conciliator MPG:ead:256811 -. . ..... f!dhfl ~ ~ .~ JR.~ ....-- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 1.76 .50 1.00 8.80 30.00 20.00 .74 9.00 89.80 Y Ihl/p!ot. St. Advance Costs: 150.00 Sheriffs Costs 89.80 60.20 Refunded to Atty on 10/04/06 :7~~~ R. Thomas Kline, Sheriff . / By (j a...uJI_ ~l"--/ z [ =[ d , Z dJS ~DDZ " {~' _~~i: i 1 U '.,' t..: '. ' " ~J .II 'J .'; r, ~". , ' .:J .:J : o.:J f"l;) ..'.. f; J u'" ") c'/ I..! ," , ---', i__ _' -i1-) .:J,.J;:"} v::J I. t1> rT (;YI..... S5V I 'i t2u.-. Cil -lI:t I L ~ ~ (Ul11 ------ ~~: =..:c.:. f.bfl:c- f.b!..L C~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A., Plaintiff (s) NO 04-2281 Civil CIVIL ACTION - LAW From BARRY STARNER, 405 CASCADE RD., MECHANICSBURG, PA 17055-5520 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of M & T BANK, 5219 SIMPSON FERRY RD., MECHANICSBURG, PA 17050-0351 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $26,252.35 L.L. $.50 Interest FROM 7/9/04 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $117.40 Plaintiff Paid Date: SEPTEMBER 20, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name PHILIP C. W ARHOLIC, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, 3RD FLOOR CAMP IDLL, P A 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ill No. 86341 .. oJ -.. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL -~ i(rt i"j # ~il ::J; ~: .'"11:/@' 0-0' "'C'''! -...:...~. 18.00 1.76 .50 1.00 8.80 30.00 20.00 .74 9.00 9, 89.80 v' 16/ ' rjD(, OS :b V L - HVH qUOl Vd 'AHiilO;) Oti :)id38WrlJ .i.iIH3HS 3Hl .:10 3JI.:UO Advance Costs: 150.00 Sheriff's Costs 89.80 60.20 Refunded to Arty on 10/05/06 So Answers; ,,,-~-,,<~ R. Thomas Kline,' S~heriff ~ / By (?J cwtL, -- ~/ - .. f\ ,J\. rr\~ ),'b WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2281 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A., Plaintiff (s) From BARRY STARNER, 405 CASCADE RD., MECHANICSBURG, PA 17055-5520 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK, 5288 SIMPSON FERRY RD., MECHANICSBURG, P A 17050-351 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $26,252.35 L.L. Interest FROM 7/9/04 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $130.40 Plaintiff Paid Date: MARCH 2, 2006 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DAVID R. GALLOWAY, ESQUIRE Address: 4660 TRINDLE ROAD 3RD FLOOR CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ill No. 87326