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HomeMy WebLinkAbout02-2444IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Tongran Wombacher, ) Plaintiff ) ) ) No. F.R. Tracy L. Wombacher, ) Custody Defendant. ) Civil Action - Law PETITION FOR CUSTODY AND NOW COMES Tongran Wombacher, by her attorney, Timothy J. Colgan, Esquire, and files the following Petition: 1. Plaintiff, Tongran Wombacher, resides at 1441 Hillcrest Court, Apt. 201, Camp Hill, Cumberland County, Pennsylvania 17011, since September 2000. 2. Defendant, Tracy L. Wombacher, resides at an 2922 Broad Avenue, Altoona, Pennsylvanih 16601, since April 2002. 3. Plaintiff seeks custody of the following children: Casey L. Wombacher, presently residing at 1441 Hillcrest Court, Apt. 201, Camp Hill, PA 17011, age 14, date of birth December 3, 1987; Denim L. Wombacher, presently residing at 1441 Hillcrest Court, Apt. 201, Camp Hill, PA 17011, date of birth, September 5, 1994, age 7. The children were not bom out of wedlock. 4. The children are currently in the care and custody of the Plaintiff. During the last five years, the children have resided with the Plaintiff and Defendant at the following addresses: A. 1441 Hillcrest Avenue, Apt. 201, Camp Hill, PA 17011 from September 9, 2000 to present. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Tongran Wombacher, ) Civil Action - Law Plaintiff ) ) ) No. 02-2444 Tracy L. Wombacher, ) Custody Defendant. ) RETURN OF SERVICE Onthe 10'ch dayof ,'rune ,2002, I, Brenda l~. Haas , served TRACY L. WOMBACHER with the Petition for Custody and Order of Court dated May 21, 2002, therein scheduling a Pre-Heating Custody Conference on June 25, 2002 a' 2:30 p.m.by handed t:o him (manner of service) at 2922 Bread 3.venue, Altoona, PA. 16601 Pennsylvania, at 5, ~ la_.m. (time of service). I verify that the statements in this return of service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date:juno 10th, 2002 ,Constable B. 24 Belles Cove Drive, Apt. E, Poquoson, VA 23662 from January 2000 to September 9, 2000. C. 348 Gray Avenue, Langley Air Force Base, Langley, VA 23665 from 1997 to January 2000. 6. The mother of the children is Tongran Wombacher, currently residing at 1441 Hillcrest Court, Apt. 201, Camp Hill, PA 17011. She is married. 7. The father of the children is Tracy L. Wombacher, currently residing at an unknown address in Altoona, PA. He is married. 8. The relationship of Plaintiffto the children is that of natural mother. The Plaintiff currently resides with the following persons: Casey L. Wombacher and Denim L. Wombacher. 9. The relationship of the Defendant to the children is that of natural father. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Plaintiffdoes 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 fights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiffhas been the primary care giver for the minor children during their entire lives. Additionally, father has threatened to remove the children from the jurisdiction during the month of June. 14. Each parents whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court grant custody of the minor children to Plaintiff. Date: ~-- f 3' -0'~- Respectfully submitted, Timothy J. Qo'6'l~, ~s'squire WILEY, LENOX, COLGAN & MARZZACCO 1 South Baltimore Street Dillsburg, PA 170 ! 9 (717) 432-9666 I.D. #77944 VERIFICATION I, Tongran Wombacher, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworu falsification to authorities. Tongran~Vombacher TONGRAN WOMBACHER PLAINTIFF V. TRACY L. WOMBACHER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-2444 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, May 21, 2002 ~ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 25, 2002 at 2:30 PM for a Pre-Heating 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 hearing. FOR THE COURT, By: /s/ ]acqueline M, Verney. Esq, ~,,v 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 heating 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AUG ] 5 2002' TONGRAN WOMBACHER, Plaintiff TRACY L. WOMBACHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2444 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this l ~ day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tongran Wombacher, and the Father, Tracy L. Wombacher, shall have shared legal custody of Casey L. Wombacher, born December 3, 1987, and Denim L. Wombacher, born September 5, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Beginning August 17, 2002, Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children on the following schedule: alternating weekends, beginning August 30, 2002, Fridays at 7:00 p.m. to Sunday at 7:00 p.m. When a Monday holiday falls on Mother's regularly scheduled weekend, Mother shall have custody of the children until Monday at 7:00 p.m. 4. Father shall always have physical custody of the children on Thanksgiving. Mother shall have physical custody of the children from the Friday after Thanksgiving at 12:00 noon to Monday at 12:00 noon. 5. The Christmas holiday shall be divided into two blocks and alternated among the parties. For calculation of the vacation period, the time shall begin at 12:00 noon on the first day after school recesses for Christmas vacation and end at 12:00 noon on the day before school resumes. The total vacation time shall be equally split among the parties. Father shall have the first half of the time in even numbered years and the second half of the time in odd numbered years. Mother shall have the second half of the time in even numbered years and the first half of the time in odd numbered years. 6. Mother shall be entitled to physical custody of the children for two consecutive weeks in the summer, provided she give notice of the weeks to Father by May 30 of every year. 7. Transportation shall be shared by the parties such that they will meet to exchange custody of the children at the Sidling Hill Plaza of the Pennsylvania Turnpike, unless otherwise agreed. 8. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C~ cc: Timothy J. Colgan, Esquire, Counsel for Mother Tracy L. Wombacher, pro se 1441 Hillcrest Court Apt. 201 Camp Hill, PA 17011 TONGRAN WOMBACHER, Plaintiff TRACY L. WOMBACHER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-2444 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casey L. Wombacher Denim L. Wombacher December 3, 1987 September 5, 1994 Mother Mother 2. A Conciliation Conference was held in this matter on August 15, 2002, with the following individuals in attendance: The Mother, Tongran Wombacher, with her counsel, Timothy J. Colgan, Esquire and the Father, Tracy L. Wombacher, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date (~acqt~eline M. Verney, Esquire Custody Conciliator