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Home My WebLink About06-2151 HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2006 - .lJ 5'" \ CIVIL TERM DANEYON S. WHITE, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Heather R. White, Jr., by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Heather R. White, is an adult individual with an address of 125 Third Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Daneyon S. White, is an adult individual with an address of2 Stonegate Lane, Derry, New Hampshire 03038, 3. The parties are the natural parents of one (1) child, namely, Deion Sheldon White, born June 6, 2005. 4. The Plaintiff desires that the parties have shared legal custody of the minor child, Deion Sheldon White. 5. The Plaintiff desires primary physical custody of the minor child, Deion Sheldon White, with periods of temporary physical custody to Defendant as the parties can agree, 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Heather R. White, respectfully requests that he be awarded primary physical custody and shared legal custody of Deion Sheldon White, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & McKNIGHT Marc A. Me t, III, Attorney for Plainti f 60 West Pomfret Stre Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 By: Date: AprJ 1'1, ~(p VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. J,i~)t. tiJJ~-ft REA TRER R. WHITE Date: Apo/ !'Ij JOd0 ~" "~ C) I', "" , -it ,.., 7":- - :.-::1 "- 'it ~ \.s , \ ."',j - 0 1-' _..I ---.J C, ~ -0 '-l "" "''-'':';l E>' 0- r-~ C ? C} -'+ '--c. HEA THER R, WHITE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2151 CIVIL ACTION LAW DANEYON S. WHITE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _._~ednesd.~EilI9, 20~..._, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq, . the conei]iator, at 4th Floor, Cnmberlan<I..~~\In~~.o-"...tJl~.~se,-c:~rl.isl... on __:rhursd_~y,l\!1-".y2~, 2.Q~~.. _.__. at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issucs in dispute; or if this cannot be accomplished. to dctinc and narrow the issues to be heard by the court, and to cnter into a temporary order. All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody ordel's to the conciliator 48 hours prior to SCheduled hearing. FOR THE COURT. By: ..!.sl.........J.acqUelifle M. Verney. E~q. ,Jlrr-/ Custody Conciliator ------pr- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi]ites Act of 1990. For information about accessible facilities and reasonablc accommodations available 10 disabled individuals having business before the comi. 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. ]1' 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . r/. ~w?f1 j;' ~ ~ ~; _ ~;' _? ~f/$!'1;' ?rl, ,__h t.~ n hi ,,2fr1! ~oP 'f>71J 1')' . ,/."w. :it P f '" " : \-7 , , ,-', --' ' ~ '7::.7- ,:X:" /7 ., ,}7C /1 -7r/ ,7C' It MARK F. BAYLEY, ESQUIRE ATTORNEY ID NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2151 CIVIL TERM DANEYON S. WHITE, Defendant, : IN CUSTODY PRELIMINARY OBJECTION PURSUANT TO PA R.CIV.P 1028 AND NOW, comes the Defendant, Daneyon S. White, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within Preliminary Objection avers as follows: 1. The parties involved in the above matter resided with their child, Deion (date of birth, June 6, 2005), in New Hampshire from the date the child was born until approximately December 28, 2005. 2. On or around December 28, 2005, Mother removed the child to Cumberland County, Pennsylvania, where she has resided with the child to date. 3. Father has remained in New Hampshire since the parties' separation. 4. Mother filed the above-captioned Custody Complaint on April 17, 2006. L. I. PRELIMINARY OBJECTION PURSUANT TO PA R.CIV.P 1028(a)(1): 5. The previous paragraphs are hereby incorporated. 6. The Cumberland County Court of Common Pleas, as well as any other court in Pennsylvania, lacks jurisdiction to make a child custody determination regarding the above-captioned matter pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. See 23 Pa.C.S.A. 95421 et seq. 1 7. At the time of this filing, Father has or is in the process of filing a custody action in New Hampshire which has proper jurisdiction over this matter. WHEREFORE, the Defendant respectfully requests the Court to dismiss the above-captioned Custody,Complaint based on lack of proper jurisdiction. Respectfully submitted, IRWIN & BAYLEY Dated: ~[04 ~qUire 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 1.0. # 87663 Attorney for Defendant I Generally, for Pennsylvania Courts to obtain jurisdiction over a custody marter, Pennsylvania must be the home state of the child. See 23 Pa.C.S.A. 95421(a)(I). "Home State" is defined by the Act as "the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding." 23 Pa.C.S.A. 95402. HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2151 CIVIL TERM DANEYON S. WHITE, Defendant, : IN CUSTODY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Defendant, Daneyon S. White, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. 94904, relating to unsworn falsification to authorities. ~ Date: ~ -lD -0(0 .. HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2151 CIVIL TERM DANEYON S. WHITE, Defendant, : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, Daneyon S. White, do hereby certify that I this day served a copy of the Preliminary Objection Pursuant To PA R.CIV.P 1028 upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marcus A. McKnight, III 60 W. Pomfret St. Carlisle, PA 17013 Dated: ~ to -c1p Mark F. Bayley, Esquir Attorney for Defenda t (") c <"~ ri=~~ :~~~~": -:,0,:._ ~ (~' -/ r:': }~~. i~: ~~: .-;..... ....-.. =2 ,..." = Co:;:, c-. :x ::r". -< o 11 ~ rn" -or:;; :09 ~o -r -r ('::) ::d -;,-(") om ~ -< o \) =r: w m . . MARK F. BAYLEY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT HEATHER R. WHITE, Plaintiff v. DANEYON S. WHITE, Defendant, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 2151 CIVIL TERM : IN CUSTODY PRAECIPE TO WITHDRAW PRELIMINARY OBJECTION TO THE PROTHONOTARY: Please withdraw Defendant's Preliminary Objection filed May 10, 2006. Dated:5=t0/'ch Respectfully submitted, IRWIN & BAYLEY ark F. Bayley, E 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. # 87663 Attorney for Defendant " .. HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2151 CIVIL TERM DANEYON S. WHITE, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe to Withdraw Preliminary Objection upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marcus A. McKnight, III 60 W. Pomfret St. Carlisle, PA 17013 Attorney for Defendant Dated: o ~~ .,..,.i~~~: rrl f':;- -"7" ,~ ~-'-~ cj''>\ .r t~ 3 ,-:l = = 0"" ::lit '):... -< (J\ -0 Z ~ o N a -n ~~ ~n t;'J t;~Cl .,- "T, ,c.. 11 (,) ;=; Z"''' ,_..,rn ':::::\ J"-" ?l SEP 2 ~ 2006 HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2151 CIVIL ACTION LAW DANEYON S. WHITE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 26th day of September, 2006, not being contacted within ninety days of the date of a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Conciliator 'd\tNK\!SNt,\3d \ . \r'~ ,. <>. .-~'-' 1\\1"\8 I Ilv".;" ,>\~,'\'q(I' l\"!;-' ~. 1 <-' ",:. . os ~'Z \r\d sZ (f:1$ qUU"Z \ . '",1\ ('; '.r'...I \ ("1"''''\ :1' Ii olO 1\t\'<J;V\\l".Il ,J.\.,,ju...n ...' 3~)\j:\O.{Y:D\j -- HEATHER R. WmTE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2006 . 2151 CIVIL TERM DANEYON S. WHITE, DefendantIRespondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Heather R. White, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Heather R. White, is an adult individual with an address of 125 Third Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Respondent, Daneyon S. White, is an adult individual with an address of 2 Stonegate Lane, Derry, New Hampshire 03038 3. The parties are the natural parents of one (1) child, namely, Deion Sheldon White, born June 6, 2005. .. 4. The Petitioner desires that the parties have shared legal custody of the minor child, Deion Sheldon White. 5. The Petitioner desires primary physical custody of the minor child, Deion Sheldon White, with periods of temporary physical custody to Respondent as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, the Petitioner, Heather R. White, respectfully requests that he be awarded primary physical custody and shared legal custody of Deion Sheldon White, as provided herein, with periods of temporary physical custody to Respondent as provided herein. Respectfull y submitted, IRWIN & McKNIGHT 'A/~ I Mar s A. Mc i t, Attorney for Plainti 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 By: Date: October 23,2006 VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October 23,2006 ... ~~cl ~ It=: '01 VJ 0- ~~ G- >- -Q ...r... v\ ~ ~ ~ ~ r--) = ~-::J c.r- o ("'") ---i f'-' W ~ ~:o rn r:: ~7 ~?o -::1 ..... _l_ -n :In ;.; ffl ,-) ~T~~ ~~ -n ~ t;? <.,,) 0" HEATHER R. WHITE PLAINTIFF v. DANEYON S. WHITE DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2151 CIVIL ACnON LAW IN CUSTODY ORDER OF COURT Wednesda ,October 25,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and thei respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coun C urthouse, Carlisle on Tuesday, December 05, 2006 at 10:30 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 defin and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older ma also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temp ora or permanent order. The court hereby directs the p rties to furnish any and aU existing Protection from Abuse orders, Special Relief orders. and Custody or ers to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Is/ ac ueline M. Veme Es 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 nfonnation about accessible facilities and reasonable accommodations available to disabled individuals h ving business before the court, please contact our office. All arrangements must be made at least 72 hours pri r 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 CA NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT HERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o 5 r/'~p ~~ ~ - .h;:: ~ ~/L, ~JH/ ftv 2 ~ ~"r;; qo. Le. 01 90' ~fl- 9/ ~'I.f -()/ \- I"~ ", rJ!"l \ll1\!'~)( \ ~_ "'::":.,Jl'\.l:! . 111\1!~'~'- I U,., .h,_,(l I'..J,.!';: I',' :::'i:3v~no f'J t: :8 ~Jd L 2 1:)0 90al Al::1V1Ui<CH10dd :1HJ.' '0 :]("\1 . ~r-. _....J .:J .J._J!:::li){J:Jli:1 -I UII7 rr HEATHER R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2151 CIVIL ACTION LAW DANEYON S. WHITE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of January, 2007, being advised that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /{.~ Conciliator \;flNVAlf,SNNJd I I Nn("1("o, ,.." '''I~'\ '''''-IAln''' f'\.J... 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