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HomeMy WebLinkAbout02-1331PAUL WAGNER, Plaintiff TAMMIE WAGNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1331 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2002, upon consideration of Plaintiff's Petition for Emergency Relief, a hearing is scheduled for Thursday, April 11, 2002, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. secrete the location of the PENDING SAID HEARING neither parent shall children from the other parent. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, :rc PAUL WAGNER Plaintiff V TAMMIE WAGNER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO: O,z- /~ 3/~ '7~- :CIVIL ACTION- LAW :CUSTODY ORDER AND NOW, this day of ., 2002 upon consideration of the attached Emergency Relief Petition for Custody it is ordered that the father Patti Wagner shall have primary physical custody of the children Rachel Wagner DOB 5/31/92 and Christinia Wagner DOB 9/7/94 until such time as a further hearing can be held. Further, it is ordered that the children shall not be taken out of the state of Pennsylvania, and if the Mother or anyone else has removed them from the state of Pennsylvania, they shall be returned to Permsylvanla~ and into the custody of the Father forthwith. Jo PAUL WAGNER Plaintiff/Petitioner Vo TAMMIE WAGNER Defendant/Respondem : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. o.z - / 3 31 ~ '-fi'x,-,-_ : : CIVIL ACTION - LAW : CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner Paul Wagner, by and through his attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency RelieE 1. The Petitioner, Paul Wagner, is an adult individual who currently resides at 475 Oak Flat Road, Newville, Pennsylvania 17241 2. The Respondent, Taii:i:~ie Wagner, is an adult individnal who's address currently unknown. 3. There are two dependent children of the parties, namely Rachel Wagner, DOB May 31, 1992, and Christinia Wagner, DOB September 7, 1994. 4. Petitioner seeks primary of the following children: Name Present Residence Age Rachel Wagner unknown 9 Christinia Wagner tmknown 6 The children were born out of wedlock The children are presently in the custody of their Mother who's currently unknown. The children have resided with the following persons and at the following address: Nanle Paul and Tammie Wagner Paul and Tammie Wagner Address 137 West North Street Carlisle, PA 17013 475 Oak Flat Road Newville, PA 17241 Dates Prior address Past six months (a) (b) (c) (d) Petitioner is the natural father of the children; Petitioner has established a relationship with the children; Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. The children would benefit t~om custody being tranaferred to their natural The mother of the children is Respondent, Tammie Wagner. The father of the children is Petitioner, Paul Wagner, currently residing at 475 Oak Flat Road, Newville, PA 17241 5. The relationship of the Petitioner to the children is that of natural father. The relationship of the Respondent to the children is that of natural mother. 6. There is not currently a Court Order 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or chims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: father because of the current situation, which is explained in detail in paragraph eleven (11) below. 9. 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 children. PETITION FOR EMERGENCY RELIEF - REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through nine (9) are hereby incorporated be reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) Mother has lei~ with the children, without leaving an address or comact information, and is believed to have lef~ the state. (b) Mother is not fit. (c) Mother has been having acute psychological attacks and issues. (d) Father is the best care giver WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted Oated: .7-/d" O Z_ Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 VERIFICATION I, Paul Wagner, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Paul Wagner, PAUL WAGNER : PLAINTIFF IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA 02-1331 CIVIL ACTION LAW TAMMIE WAGNER DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, T~eaday, March 19, 2002 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeltae M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 17, 2002 at 1:30 PM 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 heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PAUL WAGNER, : Plaintiff : T~MIE WAGNER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-1331 CIVIL TERM ORDER OF COURT AND NOW, this llth day of April, 2002, upon consideration of Plaintiff's Petition for Emergency Relief with respect to custody of the parties' children, Rachel Wagner and Christinia Wagner, and following a hearing at which the Plaintiff presented evidence tending to show that the Defendant had left the Commonwealth of Pennsylvania with the children without prior notice to him and without disclosing her present location, the Petition for Emergency Relief is referred to the custody conciliation process (a custody conciliation conference having been scheduled for April 17, 2002), the Defendant is directed to appear in person at the conference which is scheduled before Jacqueline M. Verney, Esquire, on the 4th floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, April 17, 2002, at 1:30 p.m., and the Defendant is directed to have the children who are the subject of this proceeding at the custody conciliation conference in person. Pending the custody conciliation conference, the direction in the order of court dated March 13, 2002, that neither parent secrete the location of the children from the other parent shall remain in full force and effect. By the Court, ~l' Wesley(l?l~r i Jr!/~J. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 For the Plaintiff pcb JUL 0 8 ZOOZ PAUL WAGNER, Plaintiff TAMMIE WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 2002-1331 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this gr e~ day of ~'~a I ~ ,2002, upon consideration of the attached Custody Conciliation Reportt it is ordered and directed as follows: 1. The prior Order of Court dated April 11, 2002 is hereby vacated. 2. The Father, Paul Wagner, and the Mother, Tammie Wagner, shall have shared legal custody of Rachel Wagner, bom May 31, 1992 and Christine Wagner, bom September 7, 1994. 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 return the Children to Cumberland County, Pennsylvania within 30 days from the date of this Order. 4. Once the Children return to Cumberland County, Mother and Father shall share physical custody of the children as the parties agree. 5. Neither party may remove the Children from the jurisdiction of Cumberland County without prior Order of Court. 6. 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, /~ ~ JI?sley Ole}, J~__~) - ~'' J' cc: Karl Rominger, Esquire, Counsel for Father Thomas Williams, Esquire, Counsel for Mother 2.~o. PAUL WAGNER, Plaintiff V. TAMMIE WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2002-1331 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 Rachel Wagner Christina Wagner May 31, 1992 September 7, 1994 Mother Mother 2. A Conciliation Conference was held in this matter on July 2, 2002, with the following individuals in attendance: The Father, Paul Wagner, with his counsel, Karl Rominger, Esquire and Mother's attorney, Thomas Williams, Esquire. 3. A prior Order of Court, dated April 11, 2002 was entered by the Honorable J. Wesley Oler, Jr. requiring Mother to appear at the Conciliation Conference and to bring the children. 4. The parties agreed to the entry of an Order in the form as attached. Date mey, Esquire Custody Conciliator PAUL WAGNER, Plaintiff V TAMMIE WAGNER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO: 2002-1331 : :CIVIL ACTION :CUSTODY AND NOW, comes the parties in the above captioned action and stipulate as follows: 1. The parties agree to now reside again as husband and wife. 2. If the parties separate at anytime henceforth, they agree to share the children's physical custody equally, and they both shall retain joint legal custody. 3. The parties agree that pending a full course hearing on the merits of the case, this split custody arrangement shall remain in full force and effect. Paul Wagner Karl E. Rominger, Esquire Tammi¢ Wagner ~/- Thomas J. Williams, Esquire Date: PAUL WAGNER, Plaintiff V TAMMIE WAGNER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO: 2002-1331 : :CIVIL ACTION :CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney tbr Plaintiff do hereby certify that I this day served a copy of the Stipulation Regarding Custody and Visitation upon the following by depositing the same in his courthouse box at the Cumberland County Courthouse, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF, OTTO & WILLIAMS Ten East High Street Carlisle, PA 17013 Dated: February 5, 2003 Karl E. Rominger, Esquire Attorney fl0r Plaintiff PAUL WAGNER, Plaintiff V TAMMIE WAGNER, Defendant :IN THE COURt[' OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO: 2002-1331 :CIVIL ACTION :CUSTODY .ORDER OF COURT AND NOW, this ~/'~ day of i'e_/~ ,5!003, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: 1. The parties agree to now reside again as husband and wife. 2. If the parties separate at anytime henceforth, they agree to share the children's physical custody equally, and they both shall retain joint legal custody· 3. The parties agree that pending a full course hearing on the merits of the case, this split custody arrangement shall remain in full force and effect. Distribution: Karl E. Rominger, Esquire Thomas J. Williams, Esquire BY THE COURT: