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HomeMy WebLinkAbout94-02001 c... '" c J ,\" '\I 6-> d 3 J J "" ~ \'& , '::t- ()-.. ANNA M. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. '/'1. .:J~OI ~ -r~ v. . . DAVID A. WAGNER, Defendant ORDER OF COURT AND NOW, this .~~ day of Apr, L, 1994 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~Co\Il'\lA.l" I L. ,q"ck.s , Esquire, the Conciliator, at I r-M 0'111 t' , Pennsylvania, on the J.2/!:1 day of ---IA~'( , 1994, at ~ o'clock, ~.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 to be heard by the Court and to enter into a temporary order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Pre-Hearing Custody Conference shall be held at ~ ~'Ds- rt.:../ath sh L (- t'Y\()y n(' ::~ ~::J~4 A. A-"k ~ custody Conc~l~ator ~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor ' Carlisle, PA 17013 I Telephone: (717) 240-6200 . \~ h?1\ 11 \ \ 1.8 ~" ,~~ .tf\l}t. u" i ,,-~ ( ~ ." . _1\ . \ ("\ ^! ,.1' \ ,r . ~.... . ( , \,J., . :. I,:~ " {: \1""\ 'f ~""';th\~';~."'~;; !~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. qC/_ ,)./;oJ &;,.:I f'04..... ANNA M. WAGNER, plaintiff DAVID A. WAGNER, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Anna M. Wagner, residing at 11 Glenwood Drive East, camp Hill, Cumberland county, Pennsylvania 17013. 2. The Defendant is David A. Wagner, residing at 413 West Miner Street, Apt. 7, West Chester, Chester county, Pennsylvania. 3. Plaintiff seeks custody of the following children: ~ Present Residence ~ Sarah J. Wagner 11 Glenwood Drive East camp Hill, PA 17011 11 Glenwood Drive East camp Hill, PA 17011 8 Gracie A. Wagner 6 The children were not born out of wedlock. The children are presently in the custody of Anna M. Wagner, who resides as set forth above. During the past five years, the children have resided with the following persons and at the following addresses: ~ Address 11 Glenwood Drive East Camp Hill, PA 17011 ~ 8/8/93 to present Anna M. Wagner Anna M. Wagner Bradford Eakin Benjamin Eakin Melissa Eakin 1347 Riner Blvd. Carlisle, PA 17013 6/12/93 to 8/8/93 Anna M. Wagner 336 Baltusrol Drive Coatesville, PA 12/27/92 to 6/12/93 7/90 to 12/27/92 9/22/85 to 7/90 Anna M. Wagner and David A. Wagner 336 Baltusrol Drive Coatesville, PA Anna M. Wagner and David A. Wagner 26532 Sheringham Road Perrysburg, OH The mother of the children is Anna M. Wagner, who currently resides at 11 Glenwood Drive East, Camp Hill, PA 17011. She is married, but separated from the Defendant. The father of the children is David A. Wagner, who currently resides at 413 West Miner street, Apt. 7, West Chester, PA. He is married, but separated from the Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: ~ Relationship Sarah J. Wagner Gracie A. Wagner Daughter Daughter 5. The relationship of Defendant to the children is that of father. Defendant currently resides with the following person. ~ Relationship Laura Snyder Paramour 6. The Plaintiff has not participated as a party or witness in other litigation concerning the custody of the children. r. , , ~ , Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to this proceeding who has physical custody of the children or 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 grantingche reliet raqut!sced because the mother has been the primary caretaker of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the c~ildren have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. tf ,. I;, i. " , r By: \'w~~(l.~~ Michael R. Rundle 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff C'-' ..:::>. FOWLER, ADDAMS, SHUGHART & RUNDLE I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. ~nfA!pH ~ - )- - ('0 ':i ..... Jt e 5 e, .0'" '';' ::.- ~ . g- -:::r- en - >-,.. "'... <- wt;5-t Q;z:c..~ ;:Q(..""~ ~=o;.: ?:;:"P;~ n~r.'~\f) ! P.. ,~~ ;: ~ _ 'j}I...,":' .....,..'~)~ ;.'~I\.. :s:: "- lD In ~ a> r>: ..... -.:z .~ ,';;0 JUl14 1994~ ANNA W. WAGNER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CUSTODY/VISITATION DAVID A. WAGNER, ) Defendant ) NO. 94-2001 CIVIL ORDER OF COURT AND NOW, this 13th day of July 1994, having not heard from the parties for some time, the undersigned conciliator assumes the matter has been resolved and hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in this action, they should petition the Court anew. L. Andes conciliator .",.. ~ ._~_..,. -~-~-,~-- :.--:- i ~ ." .... :., t... ,- " FOWLER, ADDAMS, SHUGHART & RUNDLE ATTORNEYS AT LAW P,O, BOX 208 28 SOUTH PITT STREET CARLISLE. PENNSYLVANIA 17013.0208 NOV 11 1~~4 d.-~ JOHN I. POWLI". III WILLIAM A. ADDAM. DAL! P. 'HUOHA"T. J". MICHAEL ". "UHDLI TELEPHONE 17171 248,8300 FAX 17171248.8164 'OWUR. ADDAM' . 'HUGHA"T IU71-U131 O' COUNUL HONONAIU DALI P. 'HUGHA"T November 15, 1994 Court Administrator Attn: Rick pierce Cumberland county Courthouse Carlisle, PA, 17013 RE: Anna M. Wagner v. David A. Wagner - custody No. 94-2001 Civil Term Dear Rick: I represent the plaintiff in the referenced custody matter. This case had originally been referred to Samuel Andes, Esquire, custody conciliator, with a conference scheduled for May 17, 1994. I advised Sam that the attorney for the defendant, Randi J. Vladimer, of Radnor, Pennsylvania, and I were negotiating a settlement of this matter. Consequently no pre-hearing custody conference was held. The file was ultimately returned by Sam to the courthouse. Unfortunately settlement negotiations have broken down, and it is again requested that a conciliation conference be scheduled. I have enclosed a blank order for this purpose. Thank you for your cooperation. Very truly yours, FO~LER, ADDAMS, SHUGHART :I\I\.\/v- Michael R. Rundle & RUNDLE MRR/mp Enclosure cc: Samuel L. Andes, Esquire Randi J. Vladmir, Esquire Anna M. Wagner r. II" ..0- NOV 1 7 1994 J-C!.- ANNA M. WAGNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY DAVID A. WAGNER, Defendant NO. 94-2001 CIVIL TERM ORDER OF COURT "I-\-" ..-bIO"~Mb('r AND NOW, this ~ day of :J ~_ '( , 1994, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Samuel L. Andes, Esquire, the Conciliator, at Lemoyne, Pennsylvania, on the fufl) day of 7,;, II IAM'f ,199'>--; at ~ o'clock, ~.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 to be heard by the Court and to enter into a temporary order. ~her party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Pre-Hearing Custody Conference shall be held at 525 North 12th Street, Lemoyne, Pennsylvania. FOR THE COURT: By:~J Samuel L. Andes, squ Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor CarliSle, PA 17013 Telephone: (717) 240-6200 r I" !:. !: I .. Nov /J IU 11 ~H '9~ I ~. f! i; '.' f]F . : '"'Ii' ':;h '\h"( '.- ~, . , . ~ '. ~ '.. ~; ~ , ' ' f I 'r ,- ,.1 (, .:ii'.1 II'.J/'?f/ ~ 141 ~ 'l!1t, ~r'd&O# /I'~/,9 'I ~ ~ ~ Sa... a.A;u.. . '~--' ANNA M. WAGNER, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. : CIVIL ACTION - CUSTODY . . By: . J. DAVID A. WAGNER, Defendant : NO. 94-2001 CIVIL TERM . . CONSENT ORDER AND NOW, this '?~dL day of December, 1994, upon motion of Michael R. Rundle, Esquire, attorney for the plaintiff and upon agreement of the parties, it is hereby ordered and decreed that the Agreement for Custody dated December 21, 1994, the original of which is attached hereto, is incorporated herein and adopted as a Consent Order pursuant to Rule 1915.7 Pa. Rules of civil Procedure. BY THE COURT: UEe lZ 2 3'/ !'H I gll ., f , . . AGREEMENT FOR CUSTODY st ~, AGREEMENT made this 21 day of !.):!(..J~M')e r- , 1994, by and between ANNA M. WAGNER (hereinafter referred to as "Mother") and DAVID WAGNER (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are parties in a divorce proceeding captioned at Chester County Court of Common Pleas, No. 93-02350: WHEREAS, the parties are the parents of two children, Sarah J. Wagner and Gracie A. Wagner: WHEREAS, the parties desire to enter into an Agreement wi th respect to custody of the children and hereby agree as follows: 1. Father and Mother shall have joint legal custody of the minor children. However, Mother shall have primary physical custody of Sarah and Gracie, subject to the following visitation schedule: a. Father shall have custody of the children one weekend per month, preferably the first weekend of each month, from Friday at 8:30 p.m. during the school year until Sunday at 6:00 p.m. Mother agrees that during the school year, Father will pick up both children from the location of Sarah's gymnastics class. Mother also agrees that during the summer, Father will pickup both children from her home at 7:00 p.m. In those months which contain either of the childrens' or Father's birthday, the parties will make every attempt to see that Father will have custody of the children on either weekend surrounding the birthday. . . b. Father shall have custody of the children for nine (9) consecutive days during the summer to run from Friday at 7:00 p.m. until the following sunday at 6:00 p.m. c. In addition to the above weekend schedule, Father shall have custody of the children on July 4th on even numbered years and Memorial Day weekend and Labor Day weekend on odd numbered years. d. Father shall have custody of the children on Father's Day weekend and Mother shall have custody of the children on Mother's Day weekend. e. With respect to Thanksgiving, Father, on even numbered years shall have custody of the children from 8:00 p.m. Wednesday (day before Thanksgiving) until Sunday at 6:00 p.m. f. Father shall have custody of the children for up to 2. . . & three (3) days after Christmas. Father will give Mother forty-five (45) days notice of the said visitation. In the event that the children are to be returned to Mother on any day other than a Saturday or sunday, Father shall be responsible for returning the children to Mother. g. In addition to the above, Father shall have custody of the children up to three (3) additional weekends during the year with the option of having any of these weekends be four days in length so long as the children do not miss time from school. In the event that the children are to be returned to Mother on any day other than a Saturday or Sunday, Father shall be responsible for returning the children to Mother. Father shall give Mother forty- five days (45) days notice of the desired weekends. 2. Mr. Wagner will give Ms. Wagner forty-five (45) days notice of the summer vacation. 3. Transportation for visitation will be shared by both parties. Mr. Wagner or his parents will transport the children from Mother's residence and Mother or her Father shall transport the children from Father's residence. However, Mother and Father agree that neither Father's parents nor Mother's Father will transport the children more than six (6) times in any calendar year. 4. Should emergency care be required for either child, the .J. - t,:; custodial parent at the time of the emergency shall contact the other parent at the first possible moment. 5. Mother and Father shall cooperate with each other to provide flexibility in the custody schedule, taking into account, primarilY, the children's best interests and their schedules and, secondarily each other's interests and schedules. Further, the parents shall each encourage the children to maintain respect and affection for the other parent and to participate in the custody schedule. 6. In the event that either Mother or Father shall remove the children from Pennsylvania for more than three (3) consecutive days, they shall so notify each other and give the other a telephone number where they can be reached in an emergency. 7. Upon her receipt, Mother will promptly provide Father with the childrens' report cards, annual physical reports and the childrens' schedules. 8. Father agrees to pay his day care obligations as they are incurred and will pay such obligations within fourteen (14) days upon his receipt of said invoice. ~ 10. The parties agree that the terms of this Agreement may be incorporated into a Consent Order pursuant to PA.R.C.P. 1915.7 without their appearance before the Court. '- 9. Both parties shall have reasonable telephonic contact with the children when they are in the custody of the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day an~ear ~. LtwflQ 12~ull~~ WITNESS first written above. (ii/(tfJi) ~ (i II/Iv... )) I k ~l'~ ANNA H. WAGNER, H er - ~J~~ 2 .. v-~ ":T' en " ~..- ~f. : " . hJ ,'-.,. ,~ , - - 0- :- ,,,> f.~~ :..c " -'.,) ~....J ("-.J <-> ..... <:::> c' :c:;.,;' I .' r' l~"""",,,,<__ ? , , I"