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Home My WebLink About05-4831 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - ^-/P3 ( (!/~lL 70L~ LISA A. WIRTH, Defendant IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 717-249-3166 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney 10 No. 66378 Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DS-^!P21 Cu((7~ LISA A. WIRTH, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stephen R. Wirth, an adult individual residing at 870 Sawgrass Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Lisa A. Wirth, an adult individual residing at 4305 Woodcrest Lane, Camp Hill, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: a. Justin R. Wirth, date of birth - March 6, 1990. 4. Prior to the parties' separation in October 2001, the parties were residing together at 4305 Woodcrest Lane, Camp Hill, Pennsylvania. Thereafter, the child has lived primarily with his mother with partial custody rights to the Father. 5. The relationship of Plaintiff to the child is that of Father. 6. The relationship of Defendant to the child is that of Mother. 7. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested. Defendant has never authorized or encouraged Plaintiff to have regular custodial periods with the child, and Plaintiff feels the only way in which he can have regular, consistent contact with the child is by a Court Order. Defendant's behavior is not in the best interest of the child and has significantly impacted Plaintiff's relationship with his child. 11. 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, Plaintiff requests the Court to grant him shared legal and shared physical custody of the child. Respectfully submitted, MCNEES WALLACE & NURICK LLC Debra Denison 1.0.#66378 Pamela L. Purdy 1.0.#85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) 12 By: Attorneys for Plaintiff, Stephen R. Wirth Dated: September 16,2005 VERIFICATION Subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of my information and belief. Dated: 9/1/ / b ~ ~ S Hen . Wirth '- CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 16th day of September, 2005, a true and correct copy of the foregoing document was served by certified first-class mail, retum receipt requested, restricted delivery, upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 pf~l~ ~ ....... -l::: "-' " ()- -..0 ~ :::::. V) D U ~ b -f- "?"--- --..c..., q c.. ~ -o{fi rnrr: ~i~::~ U; f-...~ \._' ~~S Z :;J , "" = = a. ~ : ;~~d b Q(') 6rn --I 15 ,,) =< co "'=' :x ~ STEPHEN R. WIRTH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4831 Civil Term LISA A. WIRTH, Defendant IN CUSTODY PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE Please substitute the attached Certificate of Service, dated September 20. 2005, for the original Certificate of Service, dated September 16,2005, attached to the Complaint in Custody in the above-captioned action. MCNEES WALLACE & NURICK LLC By: o br enison Cantor, Esquir 1.0. #66378 Pamela L. Purdy 1.0.#85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorneys for Plaintiff, Stephen R. Wirth Dated: September 21, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 20th day of September, 2005, a true and correct copy of the foregoing document was served by certified first-class mail, retum receipt requested, restricted delivery, upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 Q <;--:;; . --0 \:,f \-j'"' c ~/ .> ~;..: q~":_~ ,...(. ~'~~~i 'y' s::~ '3- r-' <g d' (/1 C6 1'-' 1'-' q, ...-\ :r.:.--n rne -oi!\ -0"-' Db "TI-'-' \~.?7\ S' -e ::1 .." -;J:. T:'? v> .t:"" STEPHEN R. WIRTH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4831 CIVIL ACTION LAW LISA A. WIRTH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, Septernber 23, 2005.__, upon consideralion oflhe attached Complainl. at 39 West Main Street, Mechanic.burg, P A 17055 on Tuesday, October 25, 2005 . the conciliator, at 11:30 AM it is hereby directed that parties and their respective counsel appear bcfore Dawn S. Sunday, Esq. for a Pre-Hearing Custody Confcrence. At such conference, an effort will be made to resolve the issues in dispute; or if Ihis cannot be accomplished. 10 define and narrow the issues to be heard by the court, and to enter into a lemporary order. All children age five or older may also be present at the conference. Failure to appear a1 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: Isl Dawn S. Sunday, 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 aboul acccssible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangernenls musl 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 Associa1ion 32 South Bedford Streel Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~p ~ ~ ~ 5?J.'Jt'./J .~ fp p ~ ~a, 5t?"7e,t ~ P ~ ~ ~? -pV Jv'. '1{"p V!N\/K1 J (~>j~, i.J~1 , ,,\.~. , 'i"J'", ,. j ~\Jnt':I~; ',-;,"';.,,:'-''''j~I~!'l'' '\..L. " ;~.", ' ::"11 V t; S :6 HI! 92: d3S sauz J.:tlVlON\)tLlOl:ld 3Hl ;10 3;)I:UO-O:1lI.:l yl -- IAN 2 (! WU6 IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA . STEPHEN R. WIRTH Plaintiff vs. 05-4831 CIVIL ACTION LAW LISA A. WIRTH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2- c> fL day of J ,;H7 , 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The parties and their Child shall participate in a course of family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assess the family dynamics and identify and address issues relating to the custodial situation in light of the Father's request for regular and expanded periods of time with the Child. The goal.. through counseling, is to obtain professional guidance to assist the parties in identifying and resolving concerns cooperatively. Any costs of counseling which are not reimbursed by insurance shall be allocated between the parties in accordance with the existing Child Support Order. The parties agree that the counselor shall not be called as a witness in any court related proceedings in this matter. 2. Pending the follow-up conciliation conference, further Order of Court or agreement of the parties, the parties shall have shared legal custody of the Child, the Mother shall have primary physical custody of the Child and the Father shall continue to have partial physical custody of the Child on the schedule in place at the time of the initial conciliation conference. 3. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, March 28, 2006 at 10:00 a.m. The purpose of the conference shall be to review the custody arrangements after the parties have received the benefit of family counseling. 4. 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, '..J) ~ . ,~ 'J "," ,."" ~ STEPHEN R. WIRTH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4831 CNIL ACTION LAW LISA A. WIRTH Defendant 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 Justin R. Wirth March 6,1990 Mother 2. A custody conciliation conference was held on January 12, 2006, with the following individuals in attendance: The Father, Stephen R. Wirth, with his counsel, Debra D. Cantor, Esquire, and the Mother, Lisa A. Wirth, with her counsel, Maria P. Cognetti, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ,JCW1"4 l7(doo& Date [;~<i ~ Dawn S. Sunday, Esquir Custody Conciliator Plaintiff RECEIVED MAY 0 4 2006 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN R. WIRTH vs. 05-4831 CIVIL ACTION LAW LISA A. WIRTH Defendant IN CUSTODY ORDER AND NOW, this 2nd day of Mav.2006 , the conciliator, having received no request from either the parties or counsel to reschedule the conciliation conference originally set for March 28, 2006, hereby relinquishes jurisdiction. FOR THE COURT, (~ _cPeJ_~ Dawn S. Sunday, Esquire Custody Conciliator I;IINVAlASNN3d AlNnO:l G1I-nl::i=J8Wna 90:B\olV S-AVW900Z AlJ\Il~~~Hl ~ ... STEPHEN R. WIRTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4831 CIVIL TERM LISA A. WIRTH, Defendant IN CUSTODY STIPULATION"FOR CUSTODY This Stipulation made this '/)~y of j """e......- ,2006, by and between Stephen R. Wirth (hereinafter referred to as "Father") and Lisa A. Wirth (hereinafter referred to as "Mother"). WHEREAS, Father and Mother are the natural parents of Justin R. Wirth (hereinafter referred to as "Child"), date of birth March 6, 1990; WHEREAS, Father filed a Complaint in Custody on September 16, 2005; WHEREAS, the parties, after consideration of the Child's best interests, have come to a resolution regarding custody; WHEREAS, the parties desire to have this Stipulation entered as an Order of Court; NOW, THEREFORE, the parties hereto mutually agree and stipulate as follows: 1. The parties agree to share legal custody of the Child. All decisions effecting the Child's growth and development including, but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the Child, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; ~ athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the Child's best interest. 2. Mother shall serve as primary physical custodian of the Child. Father shall have rights of partial custody as follows: a. School Year. (1) Father shall have partial custody one weekend per month from Friday evening at 6 p.m. until Sunday evening at 9 p.m. (2) One weekend per month, Father shall have custody from Friday evening at 6 p.m. until Saturday at 12:00 p.m.; (3) One evening per week, Father shall have custody from 4:30 p.m. until 9 p.m.; (4) Father shall have custody for a three-to-four day period based on the Child's school schedule for a vacation. (5) The parties shall mutually agree on Father's weekend and evening custodial periods each month. If possible, Father will do so at the beginning of each month. However, the parties recognize that Father may be required to travel for work on shorter notice. b. Summer. (1) Father shall have custody one seven-day period per month for June, July and August. Said week shall be defined as Monday morning at 9 a.m. through Sunday evening at 9 p.m. During this custodial week, Mother shall have ~ custody one evening during the week from 4:30 p.m. until 9 p.m. Should Father elect to take the Child on vacation during a seven-day period, Mother waives her evening visit that week. If Father is working during that seven-day period, the Child may spend time at either parent's residence. (2) Father shall also have custody of the Child one weekend per month from Friday evening at 6 p.m. until Saturday at 12 p.m. (3) Father shall have custody two evenings per week of from 4:30 p.m. until 9 p.m. during the three weeks he does not have custody. (4) The parties shall mutually agree on Father's week, weekend, and evening custodial periods, each month. If possible, Father will do so at the beginning of each month. However, the parties recognize that Father may be required to travel for work on shorter notice. 3. This Agreement shall be in effect from no less than May 1, 2006 through April 30,2007. In the event disputes arise regarding this agreement, the parties shall mutually select a family law mediator to assist them in resolving these disputes. The parties agree to revisit this schedule in February 2007 to make any necessary adjustments or alterations. . 4. The parties may modify the schedule as set forth above as they may agree to be in the best interest of the minor Child, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. 5. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor Child, and the minor Child should not be precluded from telephoning the non-custodial parent at reasonable times. 6. Each party shall keep the other advised of a current address and telephone number. 7. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor Child. 8. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor Child is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the Child's attendance at regularly scheduled activities and special events. 9. Each party acknowledges that they have been advised of the legal ramifications of this Stipulation from their respective attorneys, and voluntarily consent to this agreement. 10. It is the intention of the parties that this Stipulation may be entered as an Order of Court and may be subject to modification pursuant to the laws of this Commonwealth. . ,- IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged this agreement on the day and year above-written. ~" D antor, Esquire Attorney for Plaintiff ~- Plaintiff r- ~~~ Lisa A. rth Defendant ('""' [ --~ ,.....,) f .~:) , i.":;"<'" c> -Tl ::? r'il:g r'-." 0) ..., ( , r.) en ______u--.._..__ ~_I v i I \ JU,'4? 7 ZI1Gb ~3X-_ <('n STEPHEN R. WIRTH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4831 CIVIL TERM LISA A. WIRTH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this t1~day of .:;r v-. c.. , 2006, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: IJI (P-3D --0(" 6.i~ ~le.J-., ~ ~---~-~--'_.~--~--,.. ~..._-j .~ \~ d, ].' i\ MI\7. Z Z J..'4Y\ \\ .11 ,~,."":!. .,' .,It- ..e"', : ~_.~.~;;;' ;.,;:;?'" .~r ; c......'..)"" , _~\ j~~ ':"" ,,- . J' , q ~. .f.." ~~.fi--.L: ::~ .' _.~ ,,; ,';', "...,,,. . - "." ~ ~ lr. ;J',)