HomeMy WebLinkAbout06-2728
.,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: ()le, - e21JsP {}/~ll Y02-;
IN CUSTODY
CHARITY L. WADE,
Plaintiff
ANNA C. NEWTON,
Defendant
COMPLAINT FOR CUSTODY
NOW COMES the Plaintiff, CHARITY L. WADE, by her attorney, Charles
E. Petrie, and respectfully represents as follows:
1. Plaintiff is CHARITY L. WADE, who currently resides at 7705 Lake
Vista Lane, Indianapolis, Indiana.
2. Defendant is ANNA C. NEWTON, who currently resides at 25-B
Forbes Avenue, Carlisle, County of Cumberland, Pennsylvania.
3. Plaintiff seeks to have rights of primary physical and legal custody
with respect to ZACHARY NEWTON, born November 26, 1994; and
ALEXANDER NEWTON, born March 22,2000.
The children were not born out of wedlock.
The children are presently in the custody of the Defendant, ANNA C.
NEWTON.
During the past five years the children have resided with the following
persons and at the following addresses:
Zachary Newton resided with the following persons and at the following
addresses: From January 1, 2001, until August 5,2001, with Defendant,
Anna Newton, at 202 West North Street, Carlisle, Pennsylvania; from August 5,
2001, until June 8, 2002, with natural father, Robert L. Newton; from June 9,
2002, until July 14, 2004, with Defendant, Anna Newton, at 202 West North
Street, Carlisle, Pennsylvania; from July 15,2004, until August 14,2005, with
Defendant, Anna Newton, at 702-G Stanwix Circle, Carlisle, Pennsylvania; from
August 15, 2005, until the present, with Defendant, Anna Newton, at 25-B
Forbes Avenue, Carlisle, Pennsylvania.
Alexander Newton resided with the following persons and at the following
addresses: From January 1, 2001, until July 14, 2004, with Defendant, Anna
Newton, at 202 West North Street, Carlisle, Pennsylvania; from July 15, 2004,
until August 14,2005, with Defendant, Anna Newton, at 702-G Stanwix Circle,
Carlisle, Pennsylvania; from August 15, 2005, until the present with
Defendant, Anna Newton, at 25-B Forbes Avenue, Carlisle, Pennsylvania.
The mother of the child is ANNA C. NEWTON, who currently resides at
25-B Forbes Avenue, Carlisle, Pennsylvania. She is not married.
The father of the child is ROBERT L. NEWTON, who currently resides at
an address unknown to Plaintiff or Defendant. His marital status is unknown.
Natural father's whereabouts have been unknown to Defendant and the
children since November 2002. He has not contacted the children or attempted
to contact the children since that time. Natural father has paid no child
support since that date.
4. The relationship of the Plaintiff to the child is that of maternal aunt.
The Plaintiff currently resides with her paramour, Gregg Delong.
5. The relationship of the Defendant to the child is that of natural
mother. She currently resides with the children.
6. The 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 in
another court.
The natural parents of the children have participated in a custody
proceeding in Cumberland County, Pennsylvania, docketed to number 2000-
1903. A copy of the most recent order in that case is attached hereto.
Plaintiff does not know of a person not a party to these proceedings who
has physical custody of the children who claims to have custody or visitation
rights with respect to the children.
7. The best interest and permanent welfare of the children will be served
by confirming rights of primary physical and legal custody in Plaintiff.
8. Each parent whose parental rights to the child have not been
terminated and the persons who have physical custody of the children have
been named as parties to this action.
9. The parties have entered into a Stipulation, attached hereto, setting
forth their agreement concerning custody of the minor children.
10. Defendant is re-enlisting in the United States Navy and will be on a
tour of active duty for approximately six weeks. Upon completion of her tour of
duty custody of the children will revert to Defendant.
WHEREFORE, Plaintiff requests the Court enter an Order confirming
rights of primary physical and legal custody in Plaintiff.
Respectfully submitted,
~ cd----
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Motion and Complaint are
true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
Os - !I- 06
DATE
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CMLACTION - LAW
NUMBER: 0(, - ;l 7;; 1>
CHARITY L. WADE,
Plaintiff
ANNA C. NEWTON,
Defendant
IN CUSTODY
MOTION
NOW COMES the Plaintiff, CHARITY L. WADE, by and through her
attorney, Charles E. Petrie, and respectfully represents as follows:
1. That Plaintiff is CHARITY L. WADE, an adult individual currently
residing at 7705 Lake Vista Lane, Indianapolis, Indiana.
2. That Defendant is ANNA C. NEWTON, an adult individual currently
residing at 25-B Forbes Avenue, Carlisle, County of Cumberland, Pennsylvania.
3. That Plaintiff is the maternal aunt and Defendant is the natural
mother of two minor children, ZACHARY NEWTON, born November 26, 1994;
and ALEXANDER NEWTON, born March 22, 2000.
4. That the parties have entered into a Stipulation concerning the
matters of custody and visitation with respect to the minor children, and the
said Stipulation is attached hereto.
5. That the parties desire that said Stipulation be entered as an Order of
Court.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
enter an Order pursuant to the attached Stipulation.
Respectfully submitted
~c.d-
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CMLACTION - LAW
NUMBER: rJ t, - ,) 7.] f
CHARITY L. WADE,
Plaintiff
ANNA C. NEWTON,
Defendant
IN CUSTODY
STIPULATION
AGREEMENT, made this 11th day of Mav, 2006, by and between ANNA
C. NEWTON, hereinafter referred to as "Custodial Parent;" and CHARITY
L. WADE, hereinafter referred to as "Mother;"
WITNESSETH:
WHEREAS, the parties hereto are the maternal aunt and natural mother
of two minor children, ZACHARY NEWTON, born November 26, 1994; and
ALEXANDER NEWTON, born March 22, 2000; and
WHEREAS, the parties have reached an agreement concerning the issues
of custody and desire that this Stipulation be entered as Order by the Court of
Common Pleas of Cumberland County, Pennsylvania;
NOW, THEREFORE, intending to be legally bound, the parties hereby
agree as follows:
1. Custodial Parent, CHARITY L. WADE, shall have primary physical and
legal custody of ZACHARY NEWTON, born November 26, 1994; and
ALEXANDER NEWTON, born March 22, 2000. Said rights oflegal custody
shall include the right to obtain health insurance coverage and the right to
make all decisions and to authorize medical treatment for the minor children,
the right to educate the minor children in the public school district of the
Custodial Parent, or at such other educational institution as she may deem fit,
and to provide a religious upbringing for the children as the Custodial Parent
shall deem appropriate.
2. Mother, ANNA C. NEWTON, shall have liberal rights of temporary
physical custody of the minor children as the parties shall from time to time
agree.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
d..L ~
WITNESS
~,~DJfm
NNA C. NE ON
~ r;,L----
WITNESS
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
J~ 2002
ANNA C. NEWTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
:
ROBERT L. NEWTON,
Defendant
: NO. 2000 . 1903 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
NOW, this ~ I~ay of ~l.IJ> L .2002, upon presentation and consideration
of the attached Stipulation and Agreement and upon agreement of the parties, it is
hereby ordered and decreed that the attached agreement is made an Order of Court. '
By the Court,
,
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243.6090
ATTORNEY FOR PLAINTIFF
ANNA C. NEWTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
.
.
ROBERT L. NEWTON,
Defendant
: NO. 2000 - 1903 CIVIL TERM
: IN CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this g f4 day of June,
2002, by and between ROBERT L. NEWTON (hereinafter referred to as "Father") and
ANNA C. NEWTON (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, Mother and Father are the natural parents of Zachary Newton, born
November 26, 1994; and,
WHEREAS, Mother and Father were parties to an agreement signed August 5,
2001 and confirmed by Order of Court dated August 20, 2001, establishing Father's
right to primary physical custody of the child and providing that the parties could modify
the provisions of the agreement and Order by mutual consent. A true and correct copy
of the agreement and Order are attached hereto as Exhibit "A"; and,
WHEREAS, the parties wish to enter into an agreement modifying the August 5,
2001 agreem~nt and August 20,2001 Court Order.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The parties shall have joint legal custody of the child.
2. Mother shall have primary physical custody of the child.
3. Father shall have temporary physical custody of the child as follows:
A. Christmas: In 2003, and odd numbered years thereafter, Father
shall have temporary physical custody of the child for one week during the
Christmas holiday, to include Christmas day.
B. ThanksQivinQ: In 2002, and even numbered years thereafter,
Father shall have temporary physical custody of the child for the Thanksgiving
holiday from Wednesday before Thanksgiving through 6:00 p.m. on the Monday
after Thanksgiving.
C. SprinQ Break: In 2003, and odd numbered years thereafter, Father
shall have custody of the child for the entire Spring Break from school until 6:00
p.m. on the day before school resumes.
D. Summer: In 2003, and each year thereafter, Father shall have
temporary physical custody of the child for five consecutive weeks during the
Summer, scheduled by the mutual agreement of the parties.
4. The parties shall share equally in all transportation expenses related to
exchanges of custody.
5. Both parties release each other from any claim for child support
obligations for the care of the child. Mother hereby waives any entitlement she may
have to child support arrearages owed by Father for the support of the child.
6. Both parties release each other from any claim for child support
obligations for the care of Alexander Newton, born March 22, 2000. Father denies
paternity of this child and no visitation rights are sought by Father with regard to
Alexander. Mother hereby agrees to waive any entitlement she may have to child
support arrearages owed by Father with regard to the support of Alexander.
7. Mother will provide health insurance coverage for Zachary and will provide
copies of his insurance cards to Father when Zachary is in the custody of Father.
8. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
9. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
10. The parties desire that this agreement be made an Order of Court by the
Court of Common Pleas of Cumberland County and further acknowledge that the Court
of Common Pleas of Cumberland County has jurisdiction over the issue of custody of
the child and shall retain such jurisdiction should circumstances change and either party
desire further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
(SEAL)
(SEAL)
STATE OF NORTH CAROLINA
:SS:
COUNTY OF NEW HANOVER
On this, the ) '1 day of June, 2002, before, the undersigned officer, appeared
ROBERT L. NEWTON, known to me (or satisfactorily proven) to be the same person
whose name is subscribed to the within instrument, and acknowledged that he executed
this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
11lt1M--1 ~ ~ (SEAL)
~~~.y P'tblic f ~
My Commission /'
Expires On {P__~J
:55:
COUNTY OF CUMBERLAND
On this, the /? day of June, 2002, before, the undersigned officer, appeared
ANNA C. NEWTON, known to me (or satisfactorily proven) to be the same person
whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set
hand and official seal.
(SEAL)
Notarlal seal ,
Harald S. Irwin 1lI, N~Z ~:~~
Carlisle Bora, cumt)e: t 23 2002
MY commission Explres ep., .
(tlO1'\ 01 Notanas
Member. Pennsylvania p.,ssoc a
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CHARITY L. WADE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW.
ANNA C. NEWTON,
Defendant
NO. 06-2728 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of May, 2006, upon consideration of the Motion filed
by Charity L. Wade in the above-captioned matter, and it appearing (a) that the natural
father of the child is not included in the caption of the stipulation, and (b) that the
proposed order is inconsistent with a prior order at another docket number (2002-1903
Civil Term) in which the parties were Anna C. Newton and Robert L. Newton, it is
ordered and directed as follows:
1. The cases at No. 2006-2728 Civil Term and No. 2000-1903
Civil Term are consolidated at No. 2000-1903 Civil Term;
2. This matter is referred to the custody conciliation process for
purposes of attempting service upon the natural father for purposes
of his inclusion in the custody conciliation conference;
3. The Court Administrator is requested to facilitate this referral
to the Custody Conciliator.
BY THE COURT,
Court Administrator _
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Charles E. Petrie, Esq.
3528 Brisban Street
Harrisburg, P A 17111
Attomey for Plaintiff
Anna C. Newton
25B Forbes Avenue
Carlisle, PA 17013
Defendant, pro Se
Robert L. Newton
59 Branford Avenue
Groton, CT 06340
:rc
-
..
CHARITY L. WADE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-2728 CIVIL ACTION LAW
ANNA C. NEWTON
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, May 30, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mecbanicsburg, P A 17055 on Wednesday, June 21, 2006
, the conciliator,
at 10:00 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 hearin2.
FOR THE COURT.
By: Isl
Dawn S. Sunday, Esq.
Custody Conciliator
J&l-
I
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
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CHARITY L. WADE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 06-2728
ANNA C. NEWTON,
Defendant
IN CUSTODY
AFFIDAVIT Oll' SERVICE
CHARLES E. PETRIE, Esquire, being duly sworn according to law,
deposes and states that he attempted to serve a true and correct copy of the
ORDER OF COURT and COMPLAINT FOR CUSTODY, upon ROBERT NEWTON.
natural father, in the above-captioned matter, by mailing a true and correct
copy of same by U.S. Certified Mail, return receipt requested, Article Number
70042510000683676593 postage prepaid, on June 12.2006, to the following address:
Name: ROBERT NEWTON
Address: 117 East Westwood Road, Wilmington, NC 28405
This is the address for the natural father provided by Legal Services, Inc.,
to Defendant pursuant to a letter under date of September 6, 2000. It is the
natural father's last known address. A copy of this letter is attached hereto.
The item was returned undeliverable as addressed on June 16.2006, as
evidenced by the attached track and confirm receipt which is attached hereto.
I verify that the statements in the foregoing Affidavit are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
6/;/J/d,
~ E'A5Z-
CHARLES E. PETRIE
ATTORNEY FOR PLAINTIFF
DATE
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LEGAL SERVICES, INC.
8 Irvin~ Row
Carlisle, Pelmsylvania 17013
(717) 243.9400
Fall (717) 243-8026
W~st SOOre (717) 766-8475
Sbippensburg (717) 530-5866
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September 6. 2000
Anna Newton
202 West North Street
Carlisle. PA 17013
Dear Amla:
Here is Rob's newest address and phO/le number:
117 East Westwood Drive
WilmingtOn. N.C. 2841l
(910) 798-0168
I will send Attorney Flower your phone number when I receive it.
My best to you and the boys.
Sincerely,
'Ji
M~
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