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Home My WebLink About06-3813 ~ .. STACY B. WOLF, ESQUIRE ATfORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATfORNEY FOR PLAINTIFF ROBERT J. WALLAK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO. 2006 - 3P"~ CIVIL TERM : IN CUSTODY JOSEY N. WALLAK, Defendant COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Robert J. Wallak, by his anorney, Stacy B. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Robert J. Wallak, (hereinafter "Father"), the plaintiff in the above captioned maner who resides at 25 South Hanover Street, Apartment 5, Carlisle, Gunberland County, Pennsylvania. 2.) The defendant is Josey N. Wallak, an adult individual residing at the Gunberland County Prison, 1101 Oaremont Road, Carlisle, Gunberland County, Pennsylvania. 3.) Plaintiff seeks an order establishing custody of the following child: Present Residence 13 8 N. East Street, Carlisle, P A 17013 4.) Plaintiff and defendant are the natural parents of the child. Name Orristian J. Wallak Age 14 years DOB 12/16/1991 5.) The child was born of the marriage of the parties. 6.) The child resided with Defendant on and off while Defendant was in and out of prison up until two years ago. ~ 7.) While not residing with Defendant, the child resided with Defendant's boyfriend and then the child's aunt and uncle. 8.) Defendant began her most recent sentence of incarceration two years ago. 9.) Since Mother went to prison most recently, the child has been in the custody of Ellen Engle at Mother's request. 10.) The parties were divorced on February 3,2006, by Decree issued from Potter County, Pennsylvania at docket number 2005-4126. 11.) The mother of the child is currently single. 12.) The father of the child is currently single. 13.) Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14.) Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 15.) The best interests and permanent welfare of the child will be served by granting the relief requested herein because the plaintiff is willing and able to care for the child and the child has expressed a desire to be in the primary custody of the plaintiff. 16.) Plaintiff maintains a stable household and environment within which to raise the child. 17.) Plaintiff believes and therefore avers that the best interests of the child would be served by the issuance of an Order of Court granting Father primary physical custody of the child. WHEREFORE, for the reasons set fOM herein, plaintiff, Robert J. Wallak, respectfully requests that the Court enter an order establishing the parties' relative rights to custody as aforesaid. --r- Ju/ 'I S-, 2006 By: Respectfully submitted, WOLF & WOLF STACY B. W F, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court LD. No. 88732 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information, knowledge and belief. 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. r ::)<1/.,2006 R.u!:tJ . codM Robert]. Wa STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT J. WALLAK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEY N. WALLAK, Defendant : NO. 2006 - CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Complaint in Custody upon the following individual by postage prepaid mail, addressed as follows: Josey N. Wallak cI 0 Gunberland County Prison 1101 Oaremont Road Carlisle, P A 17013 Respectfully submitted, WOLF & WOLF ili\ ~.5" ,2006 By: ---i!;u 7J ~~ STACY B~, ESQUIRE U Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court LD. No. 88732 ~~~ ~~ ~ tv ~ I -" '-' I ........... ........ ~ d - ... ~~, r~, _:" ']>0 c~< :~~ ROBERT 1. W ALLAK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3813 CIVIL ACTION LAW JOSEYN. WALLAK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 06, 2006 , upon considcration of the attached Complaint, it is hereby dirccted that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courtbouse, Carlisle on Friday, August 25, 2006 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an cffort will bc 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: Isl Hubert X. Gilroy, Esq. Custody Conciliator M.J The Court of Common Pleas of Cumberland County is required by law to comply with thc Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, pleasc 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 TH]S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F]ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Strect Carlisle, Pennsylvania 17013 Tclephone (717) 249-3 \66 . ff ~.# _1"""r'?H; L~H "*1' ~ ~ ~~"L k!P 1- ~ /4>F"? 10ft. flC ,c !' ~J Qo' 0.:1 u .', .; '" :\, J ~:}\l :}..C . -. ;)7 ROBERT J. W ALLAK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3813 CIVIL ACTION - LAW JOSEY N. W ALLAK, Defendant IN CUSTODY COURT ORDER ~ AND NOW, this 1..1\ day of August, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as foDows: 1. The Father, Robert J. WaUak, and the Mother, Josey N. WaDak, shaD enjoy shared legal custody of Christian J. WaDak, born December 16, 1991. 2. The Father shaD enjoy primary physical custody of the minor child. 3. The Mother shaD enjoy periods of temporary physical custody of the minor child at such times as arranged between the parties. Father may relocate from Carlisle to the Latrobe area and Father will ensure that he makes arrangements to transport the child back to Carlisle to visit the Mother a minimum of one weckend per month. 4. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled before the Custody Conciliator. BY THE COURT, , -l ~ L.... Cc: f:;:)\S} ~ ~ ~ V(N~I/\l\S\N-3d "',i(1(';'" '.('\Cc:,'^'n"" I\..LJ,FI,.",' ";.o,,j;''j oJ 20 :8 Hd 6<: srw 900Z ^WI0NOHLO~jd 3Hl :lO 3:)1:!~o-a311:l . '. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.06-3813 CIVIL ACTION - LAW ROBERT J. WALLAK, Plaintiff JOSEYN. WALLAK, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML 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: Christian J. Wallak, born December 16, 1991 2. A Conciliation Conference was held on August 25, 2006 with the following individuals in attendance: The Mother, Josey N. Wallak, who appeared without counsel The Father, Robert J. Wallak, with his counsel, Stacy B. Wolf, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: August :;2 S-- ,2006