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Home My WebLink About06-2222 D. VINCENT L. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY RUSSELL, Defendant. : NO. 06- ).d- d-). CIVIL TERM ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the _ day of , 2006, at _ m., 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 of the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The eourt 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: Custody Conciliator NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 hearing or business before the court. You must attend the scheduled conference or hearing. VINCENT 1. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY RUSSELL, Defendant. : NO. 06- CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Vincent 1. Wise, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. I. Plaintiff is Vincent 1. Wise, residing at 138 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathy Russell, residing at 35 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial physical custody of: Name Present Residence Age Shayla Russell 35 North East Street, Carlisle, PA 17013 7 The child was born out of wedlock. The child is presently in the custody of Kathy Russell, the mother, who resides at 35 North East Street, Carlisle, Cumberland County, PA 17013 During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Kathy Russell 848 Baltimore Pike Gardners, PA 17324 09/2004 - 0112006 Kathy Russell 35 North East Street Carlisle, P A 17013 0112006 - Present In addition, the child has lived in several different homes in the Cumberland County area since her birth. Plaintiff is not aware of the exact addresses. The mother of the child is Kathy Russell. She is single. The father of the child is Vincent Wise. He is married to Melanie Wise. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Relationship Damien Wise Son Larissa Wise Daughter Ellen Engle Friend Christen Walleck Child living with Ms. Engle 5. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship Shayla Russell Daughter It is not known whether Defendant resides with anyone else. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. 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 to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff can provide his daughter with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff will encourage the relationship between Defendant and the child; c. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and partial physical custody of the child, with Defendant having primary custody. Respectfully submitted, Date: 0<{ /) 9/ Dt i rX/uW/I..t1JY/CJjg. (1 Lauren McHale Certified Legal Intern ~ L.' {. ~ ,1;1 / ?" .... 1L f e. '14LC - '-r./ THO . PLACE ,,]/ ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICA nON 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.C.S. 9 4904 relating to unsworn falsification to authorities. 1J~2nlI1~~ Vincent L. Wise Plaintiff "rJ "'1'\ -z:, , (\ , Vincent L. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : )),J)- : NO. 06- CIVIL TERM Kathy Russell, Defendant. PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Vincent L. Wise, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 1/1'l/th ~0f)14Jd;- Lauren McHale Certified Legal Intern " (": ,...." i \/ Ifl l i l}.Iki- 'I I. R B . RAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 I3 717-243-2968 ( ~ ....--., VINCENT L. WISE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2222 CIVIL ACTION LAW KATHY RUSSELL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 01, 2006 , the conciliator, at 8:30 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 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 heariR!!. FOR THE COURT. By: Isl Hubert X. Gilrov, 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 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~"# -- ?'>~~i/ ~ '~2~ '~A;' .? :::; :;z ~ ~ -~"P 3d "":"?~)n8 d "7_ Ii!',< GOOl 6Z:ZI~,l,. " J'.~.J" --. ~C7-eF '70. t:";.F' '?? ("":.-0 VINCENT L. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. KATHY RUSSELL, Defendant : CIVIL ACTION-LAW : DIVORCE : No. 06-2222 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Custody Complaint at the above-captioned docket. Date: May 25, 2006 ~. -0;;''(,< rt"iff' ~, ~;._- '~.(~~:~ :3 ~ \? ~ ~ tj, q, ~-n -"'r':' -ofD ....)0 't~.C_; ;:~!.~;;, S:.;C") ,.!_~ {""n ~2\ OJ?' ~ '"'" :::;: ~? v> ..0 Vincent L. Wise, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Russell, Defendant : CIVIL ACTION-LAW IN : CUSTODY : No. 06-2222 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Custody Complaint at the above-captioned docket. @ &fl" ..' 'AQ~k ~lc Lauren McHale Certified Legal Intern Date: September 29, 2006 o S ~. -n~;,' (11... -7 " ..t.-~-. ;~,~ ~,. c', ~2 '':;> ~ = = er- (/) r'1 -0 N \.P o -n .-\ :L-n rl1r=:c r.-; C? r"t ~ .--- -"1-; ",,-:;:;..; ~.' ( . ~}=-~) tr:'l :::::, 00 -< ~t:- c..r: C8 !\) ~ 1 ~ ~ f i ~ ~ ~ ..... 3 ~ ~ & 2 ~ ~ "\J CJ CJ In S' 3 ! o CJ ~ CJ c CJ 3 LLJ ::D ~ 'S ~ ~ ~ * ~ . Vincent L. Wise, Plaintiff v. Kathy Russell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY : NO. 06 - 2222 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren McHale, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Kathy Russell, residing at 101 Goodhart Road, Shippensburg, P A 17257, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Kathy Russell. Receipt of Service was delivered to the Family Law Clinic, 45 North Pitt Street, Carlisle, P A 17013 on the 5th day of October, 2006 as evidenced by the attached green card. CJ LLJ ...[J CJ ~ '-- ~ ~ i- <S ~ ~ : ~~ f j~~ , t ~ '- -t ?\) ~ ~ -..J ru IT" LLJ ru "'" (,) ~ OO~f I ~li2' ::0 8. !f8.~ ", i ~!~'i ("') ~"!l1, !l1, [!J i O~D <: ,.,., O::Dlr t:J O~"tl 0 i P 3 j ("") '"': :II --f Ii 0 'S go (.1"" ~ ~ DO ~ ~l III i3. if In ru IT" LLJ \ /( / I ~. . J!/U11 . .' ("J{J) I( NcYd auren McHale e Certi ied Legal Intern ,UJ &1 INS THOMA . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney ~ . . . ~~!J.i~ g~~a33 · ...:Ta'<~'2. . i6~", g ::;0 CD!!. -'~":D a'm ::I m -. ::Iaoglll_CD ... ::I 3 ::1.3 ::;; ::ICDam . (l)P+~mCD-..L. 't!Oc:::Ic.- 1lI....,c. I\) OJ::J O. CDCl>...~!R.~ iii6c.i'c. 3ooiio<(,) S'g:a~ iij'~ . :Hr::Jc.~ CD,< ~I.o 30CD!,O . e!.!=iil. .a '6" < - ~. i ~ F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 o ~ "'.. 0 C"'). -. r-:> c;.) c.:::' c~ ,t'-'j o - r:,:: f"-J .., VINCENT L. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY RUSSELL, Defendant. : NO. 06-2222 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, Hubert X. Gilroy, Esq., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle, on the 17th day of November, 2006, at 9:30 a.m., 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 of 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: 46ed. .4t Custody Conciliat NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, -h .~ ~ ~ ?O'c:/ ell 7 =.:I ~ ~ ArI@:; I/J? t?) 1/' 1../ () I C' : C' Li' I' 1'"', "'.~ "j ,-' i-:r~ Ll j,,!l(1j'i,,7 ,-.,.v \jU~ .....-' ~ . po rn' -P'"/l (rmJ~ ~ ~ kyA ~ 7J rfl(l1 ('1/1 ~ .- . THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PAl 70 13 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 hearing or business before the court. You must attend the scheduled conference or hearing. - ) WOV 19 2006111 ~ VINCENT L. WISE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 06-2222 CIVIL ACTION - LAW KATHY MOTT, formerly, KATHY RUSSELL, Defendant IN CUSTODY COURT ORDER ~ AND NOW, this ~ day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kathy Mott, shall enjoy legal and physical custody of Shayla M. Russell born April 28, 1999. 2. The Father, Vincent L. Wise, shall enjoy periods of visitation with the minor child as follows: A. For four (4) weekends in a row on every Sunday from noon until 5:00 p.m. starting November 19, 2006. This visitation shall take place at Mother's brother's home in Carlisle and shall be subject to the supervision of the Mother. B. After the first four (4) Sundays of visitation that are supervised, Father shall have an additional four (4) Sundays of visitation from noon until 5:00 p.m. which shall be unsupervised. At Mother's option, Mother shall require Father to pick the child in Shippensburg at her home at noon or Mother may transport the child to her brother's home in Carlisle where the Father can pick the child up at that point. Mother shall be responsible for transportation to pick the child up at the end of visitation at 5:00 p.m. on those Sundays. t 3. Another custody conciliation shall be scheduled on Thursday, January 11,2007 at 9:30 a.m. At this conciliation, it is anticipated that Father's period of visitation shall be expanded if there have been no problems. The expansion may include overnight visitation in the future. Additionally, it is anticipated that a shared legal custody Order may be entered either at that conciliation or at some point in the future. BY.Y ~~URT, //' Judge Cc: ~ce D' Alo, Esquire ~ ~. Lauren McHale i \!INVI,V,SNN3d I I ~ 'nOr, 11'. ,. "" '-'<liMn:) I~.i\~ ,),_.' ~~,:\ \~_:' r~J''}~J~ t~ i 95 :" WV DC AON SOOl AtN10NOH10Od 3H! ::10 30l::l:lO-O318 t VINCENT L. WISE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 06.2222 CIVIL ACTION . LAW KATHY MOTT, formerly, KATHY RUSSELL, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Shayla M. Russell, born April 28, 1999 2. A Conciliation Conference was held November 17, 2006 with the following parties in attendance: The Father, Vincent L. Wise, with his student attorney, Lauren McHale, of the Dickinson School of Law Family Law Clinic The Mother, Kathy Mott, with her attorney, Grace D' Alo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: November;J & ,2006