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Home My WebLink About05-3136 Kira Goss, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Justine Waddington, Defendant CIVIL ACTION - LAW No. 05 - 3/3 (. CIVIL IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Kira Goss, residing at 40 Central View Road, DilIsburg, York County, Pennsylvania I 7019. 2. The defendant is Justin Waddington, residing at 177 Zion Road, Newburg, Cumberland County, Pennsylvania 17240. 3. Plaintiff seeks custody of the following child: Name Tamara Lynn Waddington Present Residence 40 Central View Rd. DilIsburg, PA 17019 DOB 7/7/2002 Age 3 yrs. The child was born out of wedlock The child is presently in the custody of Kira Goss, residing at 40 Central View Road, DilIsburg, York County, Pennsylvania 17019. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Justin Waddington & Jeanne & Bruce Pendell 177 Zion Road Newburg, PA 17240 Birth to 5/31/05 Kira Goss & Jean & Steve Green 40 Central View Rd. DilIsburg, PA 17019 5/31/05 to present The mother of the child is of Kira Goss, residing at 40 Central View Road, DilIsburg, York County, Pennsylvania 17019. She is not married. 4. The father of the child is Justin Waddington, residing at 177 Zion Road, Newburg, Cumberland County, Pennsylvania 17240. He is not married. 5. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Jean & Steve Green Tamara Waddington Relationship Parents Daughter 6. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Jeanne Pendell Bruce Pendell Robert Pendell Relationship Mother S tep- Father Step-Brother 7. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff's request for primary physical custody with partial custody to Defendant. Respectfully submitted, Date: e,j/r;/6 r Michael O. alermo, Jr., squire ROMINGER, BAYLEY & WHARE 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 93334 Attorney for Plaintiff Kira Goss, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Justine Waddington, Defendant CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY 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. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. ~~ X""'O- m. ..91 ~ Kira Goss, Plaintiff ~('\ - ~ ~ 0 ...., ~ = ('- e"J ;/' 0'" . <-- .-\ r:;- '~ c~:: :;f, :!1 , -,.... " .- - @) ~ .' -r"' r-n C/; - ;1~I 2: -l ::-~ .:J <: ~r-"-i -j; E ;:.,.:::;"'''1'1 J <-.(.-< ~ \;~~ -'y~ c: - - ~ ...<. -:-:0 ~I .f'" '"'- - ~ ~ ~ ~ ....::J "dx - -- - 0, ~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KlRA GOSS v, 05-3136 CIVIL ACTION LA W JUSTINE WADDINGTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 23, 2005 , 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 Couuty Courthouse, Carlisle on Tuesday, July 12, 2005 at 9:30 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 penn anent order, Tbe court bereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 bours prior to scbeduled hearinl!. FOR THE COURT. By: Isl Tacqueline M. Vemev, 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 infonnation 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 betore 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 (7] 7) 249.3166 .?!" ~ f;v -: ~46,} 5'" eM ,;::ftp ~ ~ ~lt; 50 Ee-f ~/ r ~ r>rr'" ~rf} 5<7 re.? } 1~, lr~;'- .. \.,t.I;), ,1 1--"~ , ,,:-':/'.:nJ ! S:8 l,id ,,~'" H c,c. dlf' SOOl lW'll()'" '" i\......, '!,,:ui--.I i rj'-;.! -:lUl _)1',1,;_;..,,,,<,3 :';11 -10 _, ""." ,J]:ru ~ ..~"",,'V ;,,:,b ~ Kira Goss, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Justine Waddington, Defendant : CIVIL ACTION - LAW : No. 05 -3136 CIVIL ACTION : IN CUSTODY PRAECIPE TO CHANGE FIRST NAME TO THE PROTHONOTARY: Please change the first name of the Defendant in the above captioned case. The name should be Justin instead of Justine. Respectfully subrnitted, Date: July 1,2005 /j.DfZt- Michael O. PalernlO, Jr., Esquire ROMINGER, BAYLEY & WHARE 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 93334 Attorney for Plaintiff cc. Paul J. Esposito, Esquire <.> c <" -c.,";;): tT!l.>~ ~fT <'. ....> ,c!,"~-, >>;3 ~ ...... = = "'" c.... c:::: r- I ~ ~:n ~~ :::;i...,. '~-H ~~ ~ -< -0 :Jl: W c...> N ~ RECEIVED JUL 12 200S Y ~ KIRA GOSS, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3136 CIVIL TERM JUSTIN WADDINGTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11' day of ~~ ,2005, upon consideration of the attached Custody Conciliation eport, It IS ordered and directed as follows: I. The Mother, Kira Goss and the Father, Justin Waddington, shall have shared legal custody of Tamara Lynn Waddington, born July 7, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to all decisions regarding her health, education and religion. 2. Mother and Father shall have shared physical custody ofthe child with Father having physical custody every Sunday beginning at 4:00 p.m. overnight until Wednesday at 3:00 p.m. Mother shall have physical custody at all other times except as set forth hereinafter. 3. Both parties shall be entitled to two non-cons.:cutive weeks during any calendar year which shaH not be taken in conjunction with th,~ir normal periods of custody. Each party shaH give the other party 30 days prior notice of exercising their vacation time. For 2005, Father shall be entitled to 4 non-consecutive weeks; Mother shaH be entitled to two non-consecutive weeks. Two of Fath.:r's weeks for 2005 are July 31,2005 at 4:00 p.m. to August 7, 2005 (This week is in conj1IDction to Father's normal time, contrary to the above restriction) and September 7, 2005 at 4:00 p.m. to September 13,2005 at 3:00 p.m. One of Mother's weeks in 2005 is August 31, 2005 at 12:00 noon to September 7 at 4:00 p.m. 4. Thanksgiving shaH be shared such that Mother shall always have physical custody of the child until 3:00 p.m. on Thanksgiving Day and Father shaH always have physical custody of the child from 3:00 p.m. Thanksgiving Day to 3:00 p.m. to the day after Thanksgiving. 5. Christmas shall be divided into two Blocks. Block A shaH be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to Decernber 26 at 12:00 noon. Mother shaH have physical Vi !\~'7/C;,A8i\!r~_:.i:.'.f A.LNilC< (]' ,~;-,:lfJno ! 0 :01 WJ t) I lor sooz A'''I'('''')',''''''d::JHl ~o th.!.. ,'l'~l i L"UO'...l1 .:J 381=':10-0311:1 custody of the child for Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. 6. Transportation shall be shared such that the parties shall meet in Carlisle at a location as agreed. 7. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 8. This Order is entered pursuant to 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, ;1./L J. cc: Michael O. Palermo, Jr., Esquire, Counsel for Mother Paul J. Esposito, Esquire, Counsel for Father , - A.--~ ~ ~ '7~ I '1- (J (" KIRA GOSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-3136 CIVIL TERM JUSTIN WADDINGTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY 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 Tamara Lynn Waddington July 7, 2002 Mother 2. A Conciliation Conference was held in this matter on July 12, 2005 with the following individuals in attendance: The Mother, Kira Goss, with her counsel, Michael O. Palermo, Jr., Esquire and the Father, Justin Waddington, with his counsel, Paul J. Esposito, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 1 - \'2.. -0 .s- Date ~l tl'~/ " acq line M. Vemey, Esquire Custody Conciliator