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HomeMy WebLinkAbout94-00171 . ~ '::i. ~I ~i ~~ ~ II I I, II I 1 CHARLES R. RAE, Plaintiff I~ THE COURT OF COHMO~ PLEAS OF CUKBERI.AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (71 CIVIL 1994 IN CUSTODY vs. JUNE E. ARMSTRONG, Defendant ORDER OF COURT AND NOW. Jt1l1 . d J , . . 1994, upon consideration of the attached II d Complaint, it is hereby directed that the parties and their respective counsel II II ! I I i I i ! I appear before Samuel Andes, the Conciliator. at , \;;> S- 1\1 - I'C) -fl., S j- - ~_ pm. Le ,.,D t r)t' 1l11--, day of .-- Fe-o,..'!.'I. 1994, at . , on the .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 Lo be heard by the Court, and to enter into a temporary Order. All children age five or older may also be , II II present at the conference. II I , ! Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. For the Court. \1 I, i1 II II, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 'I LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO II FIND our WHERE YOU CAN GET LEGAL HELP. Ii 'I !I Ii ;' 11 " r ,I By: OFFICE OF THE COURT ADHINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 JtH 24 2 20 Pit '9~, diet t\F ',: -'iO~l,)i~'''Y (:":H~'~ . :<1,:-1 (>:'J~rY \.' [~i "'~) f"" :._"4IA I II II :, II II II 'I II 'i II 'I I, I II I I I , I II II !I II 'I Street, Shippensburg, Cumburland County, Punnsylvania. II " " iJ II " Ii Ii Ii :1 I, I, q i. I' ii ,I ! ~ Ii .' d \! " il I: CHARLES R. RAE, Plaintiff IN THE COURT OF COHHON PLEAS OF CUHBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 17 I CIVIL 1994 JUNE E. ARHSTRONG, Def endant IN CUSTODY COMPLAINT FOR CUSTODY COHES NOW, Plaintiff, Charles R. Rae, by and through his counsel. Sally J. Winder, Esquire, and does petition the Court for primary residential custody as follows: 1. The Plaintiff is Charles Ramsay Rae, residing at 118 Decatur Drive, Dauphin County, Pennsylvania. 2. The Defendant is June E. Armstrong, residing at 444 North Earl 3. Plaintiff seeks custody of the following child: David Ramsay Rae. The child was born out of wedlock. The child is presently in the custody of June E. Armstrong, who resides at the address set forth above. During the past five years the child has resided with the mother at 444 North Earl Street. Shippensburg, Cumberland County, Pennsylvania since 1986. Another child, Ashley Allen Armstrong, lives at that address. The mother of the child is June E. Armstrong currently residing at the address listed above. She is single. The father of the child is Charles Ramsay Rae, currently residing at the address liated above. lie is single. 4. The relationship of Plaintiff to child is that of natural father. , The Plaintiff currently resides with the [ollowing persons: Cindy Golden, ! and her daughter, Harisa Golden, threu years old. .<.;;,. II II , I[ " !I i; [, ii ,1 " " 5. The relationship of Defendant to child is that of natural mother. ~he Defendant currently resides with the child, David Ramsay Rae, and her other son, Ashley Allen Armstrong, age 7. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the child in another Court. Plaintiff has no information of any other custody proceeding concerning , i ;1 I: 'I rl II il 'I I , ij II :1 il :1 II II Ii ii .! il " II II 'I I, II I, II ii Ii I' d " q II " 'I I , 11 !I the child filed in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child. David Ramsay Rae. will be served by granting the relier requested because the father is better capable or caring for the child. The child is currently living in an unhealthy and unsanitary environment where the mother is not providing for the physical and emotional welfare of the child. and the child desires to live with his father. The father has exercised liberal and frequent contact with the child end believes and therefore alleges that the child will be best cared for and nurtured in his home. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody to him of the child, David Ramsay Rae, subject to reasonable rights of partial custody and visitation in the Defendant. Respectfully submitted. I' :1 I, ,I " II II I I I 1 I, ! i and correct to the best of my personal knowledge and belief. I I VERIFICATION I verify that the statements made in the foregoing Complaint are true 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. Date: / - / - 9 Y ~A~<J t3n~-~ Charles Ramsay ~ae I II I II f m ~ ].. -::r >-.. en - "'-- Q ..~ ~ t-- .....;_t Q 0 \J) ""..l.... v.z....x \.r) 0 CD - 6u..t . 3 ~:i:O::O- VI :"Jt-~ ....~ 0 '-" 0') . '''.;f) -:1"" " ~~"J. ':J"" .. , tilL ~ -- ~~ ~~ ~ - ~_:l. :5 ::> <;<' -.. " . SALLY J. WINnER AI/arn('.\' al Lal\' 70t E. I\inlt SUCtl Shirpcn\burlt. I'A 1'7~~' ,JtI~1 l'l10QIL ;,', ~~, . ~ , \ (~"-- Mr.,:. . Idtlt \ CHARLES R. RAE, ) IN THE COURT OP COMMON Plaintiff ) PLEAS OP CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 111 CIVIL 1994 JUNE E. ARMSTRONG, ) Defendant ) CUSTODY ORDER AND NOW, this '1t~ day of M3.J~4 , 1994, upon receipt of the conciliator's report, it appearing that the parties agreed upon the terms of this order which was dictated in their presence, we hereby order as follows: 1. The parties shall consult with Nancy Small, a licensed social worker who works with pranco Psychological Associates in Carlisle, for purposes of a custody evaluation. IMS. Small shall meet with the parties and, to the extent she deems necessary, with the II father's fiance, Cindy Golden, and her daughter, Marissa, age 3, and with the mother, i the parties' son, David, and the mother's son, Ashley Allen Armstrong, age 1. The !parties will cooperate to make these people available. i 2. Pollowing Ms. Small's informal evaluation, the parties will meet with her to I I hear her conclusions and any recommendation she has and to see whether, at that time, i1they can reach agreement to resolve the remaining issues in this case involving David's Ii II custody. If the parties can agree on those issues, they will advise the court promptly ! and the hearing provided for below will not be held. In the event of a hearing, Ms. i Small shall be free to testify about her findings and any information provided to her , I iby either of the parties or any member of their household. , 3. The father, Charles R. Rae, shall deposit $333.00 with Pranco Psychological Associates and the mother shall deposit the remaining $161.00 of the initial deposit 1 M~R 1 I 42 PH '91\ .,;I\L[ \.~~ 'i- ,.' '1')~~lr!,.,",Y CU1J,I.!F:,.: .,~ ('1;,\.':"H'1 r tit h ~, ~ .,_ J,', H::' 0' '. with Franco Psychological Associates. Those deposits shall be made within thirty (30) days of the date of thIs order. 4. Pending further order of this court, the parties shall share legal custody of their son, David Ramsey Rae, born August 8, 1983. Primary physical custody shall remain with the mother sUbject to the father's rights of temporary custody as they have been previously exercised. 5. A hearing is hereby scheduled on the father's petition for primary custody of David, to be held before the undersigned, in Court Room No. ~ of the Cumberland County Court House in Carlisle, Pennsylvania, on ''IT:bn~ ' the II.:Q..., day of July, 1994, commencing at 9.~D o'clock ~.m. The parties are directed to retain counsel by Hay 31, 1994, and to cause their counsel to communicate with each other prior to that date regarding the matters to be developed at the hearing. By the Court, ~t2 (l! t.-? ~ 0 C I. (I J. Sally Winder, Esquire Attorney for Plaintiff June E. Armstrong, pro se 444 N. Earl Street Shippensburg, PA 17257 e..,~ ........:...e..t 3/7/9'1 . ..J.P. i I I II ,I II sla :1 il II II 2 CHARLES P.. RAE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 171 CIVIL 1994 JUNE E. ARMSTRONG, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: I NAME BIRTHDATE CURRENTLY IN CUSTODY OF David Ramsey Rae 8 August 1983 Defendant/Mother 2. A Conciliation Conference was held on 22 February 1994 and the following iindividuals were present: the Plaintiff and his attorney, Sally Winder, Esquire; the Defendant appeared without counsel. 3. Items resolved by agreement: The parties agreed to a psychological I evaluation. I 4. Issues yet to be resolved: I 5. I physical custody of the child because he claims the child prefers to live with him and I ! Ihe believ~s the mother's home is unsuitable because it is dirty and disorganized. ! Primary physical custody and a schedule. The Plaintiff's position on custody is as follows: The father wants primary 6. The Defendant's position on custody is as follows: The mother feels the child i should remain with her, where he is doing quite well. Although he has been diagnosed ! as having Attention Deficit Disorder, he does quite well in school (she presented the report card at the conference). She also feels he should stay with her because he is very close to her other son, Ashley Allen Armstrong, age 7. 7. Need for separate counsel to represent child: the conciliator sees no need for independent counsel for the child and neither party made such a request to the conciliator. 8. Need for independent psychological evaluation or counseling: the parties agreed to have a psychological evaluation and the attached order provides for that. 9. Other matters and comments: These people appear fairly cooperative although it is clear they have some trouble communicating. Each of them impressed me with their willingness to try to see the other party's side. Perhaps the evaluation process will lead to some agreement between them. If not, a hearing will be necessary but, with a little guidance from the court, the parties may yet reach an agreement. A lot will depend upon the attorneys In that regard. The parties agreed that the hearing should not be held until after the child completes the school year, which is likely to be the end of June. If at all pouslble, I suggest a hearing in early July. That will make the rest of the slimmer available 11 i the court decides to share custody on a school yearfsummer basis. I I I I day and can probably be concluded in one-half day. \1 \1 Ii ,I 'I !I il 112 March 1994 Ii ,: I' 1\ ii II The issues are not complicated and the case should not take any more than a (u11 c\~> ~Q Samuel L. Andes Custody Conciliator CHARLES R. RAE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 171 CIVIL 1994 JUNE E. ARMSTRONG, ) Defendant ) CUSTODY ORDER AND NOW, this , 1994, upon receipt of the day of conciliator's report, it appearing that the parties agreed upon the terms of this order which was dictated in their presence, we hereby order as follows: 1. The parties shall consult with Nancy Small, a licensed social worker who works with Franco Psychological Associates in Carlisle, for purposes of a custody evaluation. Ms. Small shall meet with the parties and, to the extent she deems necessary, with the father's fiance, Cindy Golden, and her daughter, Marissa, age 3, and with the mother, the parties' son, David, and the mother's son, Ashley Allea Armstrong, age 7. The parties will cooperate to make these people available. 2. FOllowing Ms. Small's informal evaluation, the parties will meet with her to hear her conclusions and any recommendation she has and to see whether, at that time, they can reach agreement to resolve the remaining issues in this case involving David's custody. If the parties can agree on those issues, they will advise the court promptly 'land the hearing provided for below will not be held. In the event of a hearing, Ms. II Small shall be free to testify about her findings and any information provided to her iiby either of the parties or any member of their household. ,: , 3. The father, Charles R. Rae, shall deposit $333.00 with Franco Psychological , ,I 'I , Associates and the mother shall deposit the remaining $167.00 of the initial deposit I, ': :! 1 with Franco Psychological Associates. Those deposits shall be made within thirty (30) days of the date of this order. 4. Pending further order of this court, the parties shall share legal custody of their son, David Ramsey Rae, born August 8, 1983. Primary physical custody ahall remain with the mother sUbject to the father's rights of temporary custody as they have been previously exercised. 5. A hearing is hereby scheduled on the father's petItion for primary custody of David, to be held before the undersigned, in Court Room No. of the Cumberland County Court House in Carlisle, Pennsylvania, on , the day of IJUlY, 1994, commencing at II counsel by Hay 31, 1994, and prior to that date regarding o'clock ___.m. The parties are directed to retain to cause their counsel to communicate with each other the matters to be developed at the hearing. By the Court, J. Sally Winder, Bsquire Attorney for Plaintiff June B. Armstrong, pro se 444 N. Barl Street Shippensburg, PA 17257 I; , I I I :i L I: ;! II !: I ; sla i: 2 '. CHARLES R. RAE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 94-171 CIVIL TERM . . . JUNE E. ARMSTRONG, . IN CUSTODY . Defendant . . ORDER OF COURT AND NOW, this 27th day of July, 1994, upon consideration of the attached stipulation, which was received on July 26, 1994, by the Court, the hearing scheduled for July 11, 1994, is deemed to have been cancelled and the matter of custody is continued generally, with a hearing to be scheduled upon motion of either party. BY THE COURT, J. David C. Schandbacher, Esq. Attorney for Defendant Sally J. Winder, Esq. Attorney for Plaintiff :epj .(j '11I'~7AS '(!f~~~~:Jo,~~nZ~:tfl 3^ ".1), I 3 .. :> "'idO. ~ ill Hi JO M, IIJ fZ I ' Ll 7nr , . CHARLES R. RAE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 171 CIVIL 1994 JUNE E. ARMSTRONG, Defendant CUSTODY ORDER OF COURT .Jlld~ M to- l-.~ Upon review of the Stipulation and Agreement to continue the custody hearing and upon agreement by David C. Schanbacher, Esquire, Attorney for Defendant, and Sally J. Winder, Esquire, Attorney for Plaintiff, IT IS HEREBY ORDERED that the custody hearing previously scheduled for Monday, July 11, 1994, be continued generally with rescheduling of the custody hearing to occur by a motion of counsel of either Plaintiff or Defendant. J. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA. 17257 . . . .. CHARLES R. RAE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 171 CIVIL 1994 v. JUNE E. ARMSTRONG, Defendant CUSTODY STIPULATION AND AGREEMENT TO CONTINUE CUSTODY HEARING NOW COMES, June E. Armstrong, Defendant, by and through her attorney, David C. Schanbacher, Esquire, and Charles R. Rae, Plaintiff, by and through his attorney, Sally J. Winder, Esquire, and petitiona your Honorable Court as follows: 1. By Order of Court dated March 7, 1994, the aforementioned parties were ordered to appear at a custody hearing scheduled for Monday, July 11, 1994. 2. The parties have agreed to a continuance whereby said custody hearing may be rescheduled by motion of either party. 3. The parties request thiD Honorable Court to enter an Order continuing the custody hearing generally, to be rescheduled by motion of either party. Date: G..- ~0"-'1 ~I (;)~ <.., S-L..J. ' David C. Schanbacher, Esquire Attorney for Defendant W;:--i.Jl/ti0--- Attor~or Plaintiff Date: (,- 30 ...t;4- MARK, WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA. 17257 . . "-< ell 0.... '" z "'~ HZ ::;: ... l Z.... :Q ;;'j~ "'..: == ~ ffi;;'j ... !;; !:: I ..J>< Q., ~ ... "'''' "'::.: j '" < ... OIl Z .... ... ..: "" 0: "- .., ~ ZZ .... <= "'>< - t. OIl 0'" .... '" <c:l Z .. "- E ... ~"'... ... 'tl 0 <( < .. '" .., <= <= ~ Co OIl c:lH -r. "- C I 0 .", .... . .. Z'" ~ .. :.: E U~::: '" "'.... 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