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HomeMy WebLinkAbout06-4737 DAVIDW. WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; No.OI,-Ll7J7 Civil Term TAMMY S. WALKER, Defendant : ACTION IN CUSTODY CUSTODY COMPLAINT I. Plaintiff is David W. Walker, who currently resides at 191 Caroline Street, Jeannette, Pa. 15644. 2. Defendant is Tammy S. Walker, who currently resides at 155 D. St., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the father of the following child and seeks a custody order regarding the following child: ' NAME DOB/ AGE ADDRESS Megan Renee Walker 10/23/90 (15) 155 D. St., Carlisle, Pa. 17013 Moth<:r and Father married in October 1998 and divorced in September 2000. Mother currently has primary physical custody of the child. During the past five years, the children have resided with the following persons and at the following addresses: Tammy S. Walker and her boyfriend ADDRESSES 155 D. St. Carlisle, Pa. 17013 DATES NAME 200 I - present The mother of the child is Tammy Sue Walker. She currently resides at 155 D. St., Carlisle, Pa. 17013. She is not married. The father the child is David W. Walker. He currently resides at 191 Caroline St., Jeannette, Pa. 15644. He is not married. 4. The relationship of plaintiff to the child ~s that of Father. The Plaintiff currently resides alone. ~ . , 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are her boyfriend and the child. 6. 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 another court other than as follows: In 1998. a custody petition was filed with the Cumberland County ProthonotarY under docket number 98-2421. Because the narties were attemptinl! to enter a voluntarv al!l'eement. the conciliatorrelinauished iurisdiction. However. a written al!I'eement was never reached and a custodv Order was never entered. Plaintiff knows of no other legal action taken rel!arding custodv. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare bf the child will be served by granting the relief requested because: There is currentlv no formal custodv order regardinl! the child. It would be in the best interest of the child for a form\t1 custodv lIl!l'eement to be entered because this would ensure that father has l!Uaranteed l'eriod~ of custodv with the child. 8. Each parent whose parental rights to the ,child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child. Date: C()\\LP \ d.o J e Adams, Esquire I . No. 79465 4 outh Pitt Street lisle, Pa. 170 I3 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERlFIC~TION 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. 94904 relating to unsworn falsification to authorities. Date: <? 1/5/ OJ, ,Ii/Iv. v-d!!- David W. Walker, Plaintiff 0 "" ~ \ = c:: <-'" :;;: "'"' ~ ~ ~ ~ -00' "" ~:Il men c: \J V :;::'" ~_!; G"") \. ~ 0\l ~~ ~ % r.,...J. -.I "- ~ \ ~L ::;;t~l "'<\ ~ \ ~F; -u ~~~ \ 3: '\. J.~ C:: - Om ~ . ~ ., ~ "I . ~ c.n ""- ~ CZ) ::..c: . DAVID W. WALKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-4737 CIVIL ACTION LAW TAMMY S. WALKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 We!! Main Street, Mechanicsburg, P~Jc?055 __._ on.. Tuesday, September 26, 2006 at 1 :00 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 prcsent 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 Dawn S. Sunda 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 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 . ~P~~4? 9~'I'p - * ,7 ~ "~,,y ~~ 9r?/.; ~ --fp ;2 /t7 ~ ~?~ ~17'/-I \/jr\,""//'~ lC;\Ii"'J':J,,-~ .. i! '.\j' \ If\>,';- ,.I ...i,-_ U'[ !n~'-\"~.\'::":Nn'" f \! I, ,; ",1. V LO:2 Hd 1- d3S%Ol AtJV10i,;(jriLO:3d :iHl :10 301:.)~o-mli:J . DAVID W. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, No. 06 - 4737 Civil Term TAMMY S. WALKER, . Defendant ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipul~tion and Custody Agreement is made this ;;..b~ay of September, 2006, by and between TAMMY S. WALKER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and DA. VID W, WALKER, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Megan Renee Walker, date of birth, October 23, 1990. WHE.REAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing, There is no previous Order of Court concerning the child, NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1, Le2al Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions, Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records, As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order, 2, Phvsical Custody. Current Primary Physical Custody of the child, as that term is defined in the custody act, has been with Mother, The parties agree that as of November 1, 2006, Father shall have Primary physical custody of the child. 3. Partial Custodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have liberal periods of partial custody with the child as the parties agree. A. Mother sh~l be entitled to have a block of time with the child on all major holidays, with the specified times to be agreed upon by the parties. B. Each party shall be entitled to an uninterrupted period of up to two weeks with the child during the summer, upon thirty days notice to the other party, C, Nothing in this document shall keep the parties from stipulating to other arrangements upon mutual agreement. 4. Transportation and Exchanee. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. 5. On~oin~ Relationshi{l. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any di~araging or negative remarks concerning the other parent, Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6, Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody, However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7, Welfare of the ClWld to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in address,ing the custodial schedule, any changes to the schedule, and any other parenting issues, 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns, The parties are free to modify the terms of this Agreement but in order t~ do so both parties must be in complete agreement to any new terms, That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9, Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10, Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing, 11, Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subjeci'matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. '. , ' IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: J ne Adams, Esquire 64 S. Pitt St. . Carlisle, Pa, 17013 (717) 245-85b8 Attorney for Father ~ ~^~L David W, Walker, Father ~~ c! C . ::-~ '"1"\\, ! ....,-~'''\ \ ~~ -:,-., ~ c:;; ~) ~ ::?..-o ff\e ra 11,9, l_.......'\.~; ~.1-:;\ 15 "E) i5.ft\ ~~-1 1:J. ..4. ~. -> ---- . . en, - SEP 2 ~ 2006 Plaintiff -1171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DAVID W. WALKER vs. 06-4737 CIVIL ACTION LAW TAMMY S. WALKER Defendant IN CUSTODY ORDER AND NOW, this 26th day of Seutember.2006 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 26, 2006, is cancelled. FOR THE COURT, Da~1::a Custody Conciliator Vi!\j~i/\lAS[\!1'r::1d I 'r 'nr,," ,-.,.y ....'-I"n"" /\.,t/\r 1<; ,~." ::.-., ';-;':','!;i\!1 .J ! S :(, Hd 82 d3S 900l Ab\ll(H'K,::;"'LLC~(:Jd 3tll .:10 ::n:J~O"{IT11:! ~? J1f J .:.. "/,1 lOG6 DAVID W. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 4737 Civil Term TAMMY S. WALKER, Defendant ACTION IN CUSTODY ORDER AND NOW, this lh~ day of 0 t1-\)~c.{ ,2006, having reviewed the attached agreement between the parties dated September 26, 2006, it is hereby ORDERED and DECREED as follows: 1. David W. Walker and Tammy S. Walker, shall share custody of their child, Megan Renee Walker. 2. As of November 1,2006, Father, David W. Walker, shall have primary physical custody of Megan Renee Walker. Mother, Tammy S. Walker, shall have liberal periods of partial custody with the child as agreed. 3. The agreement executed by the parties on September 26, 2006 shall be incorporated into this Order of Court. J.\ t ~\\ cc: f: 2':8 /'/!.J "" </;/ ("I At/I/. " C. ... 1 JO ()!h? v.L~jeY,~06;1 ~f.. ., I) <'1../-0.17;;; i1. .:10