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HomeMy WebLinkAbout95-01251 ~~ ~~~ ~~ e3 ~~~.~ ~~ -, ''" .... ... E 1:1.a ...:8 .... I '" E III ~.- 'r! 11~ J,.' 0; ~ ~] . (, il ,5 . .~ ~ 8 III ~I ,_I t I .!! ~ :> joio('lll ~.., = .-l~ rfPo a \ ~ .c ~~~ ; sjj.c,g . ':; C . Fa t;: C'I C't r.. ~ S Pii. "..,] I m ' .., ~~~ ~ ,". . '. , . ... .-----. " MA'I 0 d \991..) ~ ... ., ~. '. STEPHEN F. WAGNER, Plaintiff IN THE COURT OF CXJMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 95-1251 CIVIL TERM . . MARY POST, . . Defendant IN CUS'IODY ORDER OF caJRT AND ta, this It' day of /111'1-/, 1995, upon consideration of the attached CUstody Conciliation Report, it is hereby ordered and directed as follows: l. The Father, Stephen F. Wagner, shall have legal custody and primary physical custody of Arin Jones, born April 12, 19B4. 2. The Mother, Mary Post, shall have partial physical custody of or visitation with the child as mutually agreed by the parties. 3. In the event either party desires to modify this Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: Mary Post C:~ Bruce Foreman, Esquire ,A~ .s/Q/9.r ....g, V' , J. , '95 " ... STEPHEN F. WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL TERM vs. NO. 95-1251 : MARY POST, : IN CUSTODY Defendant aJS'lOOY aN:ILIATIOO SlHIARY REPORT IN ACXDUlANCE WITH CUMBIlRLl\ND axJNTY RULE OF CIVIL PROCBDORE 19l5.3-8, 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: ~ BIRTHDATE CURRENTLY IN CUSTODY OF Arin Jones April l2, 1984 plaintiff/Father 2. A conciliation Conference was held on April 20, 1995, with the following individuals present: , The Father, Stephen F. Wagner, with his attorney, Bruce D. Foreman, Esquire. The Mother, Mary Post, who resides in California, was not present at the Conciliation Conference. The Father's counsel indicated that the Mother had been served with the appropriate notice and that the Mother represented to the Father that she would not attend the COnference and did not contest the Father's request for Custody of the Child. 3. The Father's position on custody is as follows: The parties have never been married to each other. The Child, who is eleven years old, resided in the Harrisburg area from 1986 until August 1994. In July 1994, the Mother moved to California and one month later, the Child moved to California to reuide with her Mother. The Father has maintained a continuous relationship with the Child. The Mother was married in February 1989 and had two children of that marriage who are Arin's half-sisters. The Child resided with her Mother from August 1994 until December 1994, when the Mother asked the Father to assume custody of the Child because the Mother was no longer able to care for the Child due to the Mother's alcoholism. Also according to the Father, the Child's half-sisters were transferred to the Custody of their Father (from whom the Mother is estranged) in the Harrisburg area by Order of the Dauphin County COurt of common Pleas in April 1995. The Mother continues to reside in California with her boyfriend. The Father stated that the Mother has severe drinking problems and has not tried to contact the Child. The Father stated that the Child has a very close relationship with her half-sisters because she had a significant role in raising them due to her Mother's problems with alcohol. The Father is making an effort to ensure that the Child spends as much time as possible with her half-sisters. -. - I I i v. : THE COURT OF CCMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, qj". /<<'5-/ (~-Lv~L J~ i I I STEPHEN F, WAGNER, Plaintiff MARY POST : CIVIL ACTION. LAW 'I " 1 I Defendant ORDER OF COURT AND NOW. upon conslderotlon of the attached Complolnt,lt Is here~y directed that the parties and their respective counsel appear before f)"vn '5 ,s.."~.I~et.:.,. , . Conciliator, on the@tl-clay of fJ~ r; \ ,t 995, at -M:.~:. In ' ,J,' ~. /Vl"..h...",;,<.MQ) (-,C\ 1.:-. ,.,ov" CURll.Je~BRElIu9lolAfl C9\JRAe!'!se. Cg~lilll, Pennsylvania. for a Pre-Hearing Custody Conference, At such Conference. an effort will be made to resolve the Issues In dispute: or I If Ihls 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 M:l.so be present at . the Conference. Follure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order, For the Court, Date of Order: ~-%J ~'lr BY:() c....o j ,jt Je.J-ol~Y-; . , Custody conclllatrlr/~q 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, Court Administrator 4th floor. Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ,\ ')". \.;' i\ 11(11 zz [J 55 nil '95 r '!l , ,\. "d)'i'-i f.h} .,,"~, : '.~l'\ i; ,',ry ';tf.'t:.ll,,!. i,.:. It.' 'C[ ....,\ I ,', I 3',;>~ ,10'5 ad (''7.;; I)/.~J!(; " a'(fr ~'UI".cl.,\ .3 'J) ,,/s- ':J!t<?(.t.( '.mt,J!./ d; d~.y ].;) 75" f , .;), C~7 .I"'lJl:/ :"t1 s.:J. ,,~o'"'~ " STEPHEN F. WAGNER, Plaintiff v, : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, MARY POST, Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing In writing with the Court your defenses or objections to the claims set forth against you, You are warned that If you fall to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights Important to you, 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240.6200 By BRU ED. FOREMAN, ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff Attorney I,D, #21193 STEPHEN F. WAGNER, Plaintiff : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION. LAW v, MARY POST, Defendant ,I NOTICIA Le han demandado a usted en la corte. Sf usted quiere defenderse de estas demandas expuestas en las pagfnas slguientes. usted tiene vlente (20) dias de plazo al partir de la fecha de la demanda y la nollficaclon, Usted debe presentar una aparlencla escrila 0 en persona 0 por abogado y archlvar en la corte en forrna escrita sus defensas 0 sus objeclones alas demandas en contra de su personal, Sea avlsado que sl usted no se deflende, la corte tomara medldas y puede entrar una orden contra usted sin previa avlso 0 notlficaclon y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dlnero 0 sus propledades 0 otros derechos Importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE, SI NO TlENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 NICHOLAS & FORr~ By M--4t' - BRUCE D, FOREMAN, ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff Attorney I,D, #21193 STEPHEN F. WAGNER, Plaintiff : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, , : NO, : CIVIL ACTION - LAW MARY POST Defendant AND NOW, comes Plaintiff, STEPHEN F. WAGNER, and by his attorneys, NICHOLAS & FOREMAN, respectfully represent as follows: >l 1, Plaintiff, STEPHEN F, WAGNER, is an adult Individual sui Juris. residing at 811 Brian Drive, Enola, Cumberland County, Pennsylvania 17025, 2. Defendant, MARY POST, Is an adult Individual sui lurls. residing at 4237 East 4th street #9, Long Beach, California 90814, 3. Plaintiff has been a bona fide resident of this Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, Plaintiff requests an award of legal and physical custody of his daughter, Arln ' Jones, a minor child, born April 12, 1984, who resides with the Plaintiff, STEPHEN F, WAGNER, at 811 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025, 5. The child Is presently In the physical custody of the Plaintiff. 6. The father of the child Is STEPHEN F, WAGNER, the Plaintiff. 7. The mother of the child Is MARY POST, the Defendant. 8, The relationship of Plaintiff to the child Is father. 9, From approximately February of 1992 to August of 1994 the minor child, Arin Jones, resided with her mother, the Defendant, at 4228 Society Park Drive, Harrisburg, Dauphin County, Pennsylvania, For a portion of the time, Defendant's husband, Edward Post, and two younger half sisters, Sara Beth Jones and Miranda Jones, also residED at 4228 Society Park Drive, Harrisburg, Dauphin County, Pennsylvania, 10, From August of 1994 to December of 1994 the said minor child, Arln Jones, was temporarily with her mother In Bultonwillow, California, first at the home of her maternal great-grandmother and later at an apartment In Bultonwillow, California, at all times accompanied by her two younger half sisters. 11. From December 1994 to the present, the said minor child, Arln Jones, has resided with her father, the Plaintiff, at 811 Brian Drive, Enola, Cumberland County, Pennsylvania, 12, Plaintiff has not participated as a party In any prior litigation concerning the custody of the said child In this Court or in any other Court and, to the best of his knowledge, there has never been any prior custody litigation, 13, No person(s) not a party to this action are known to the Plaintiff to have had physical custody or claims to custody or visitation with regard to the said minor child, 14. The best Interest and permanent welfare of the said child, ARIN JONES, will be served by granting legal and physical custOdy of the said minor child to the Plaintiff, STEPHEN F, WAGNER, because of numerous benefits to the child which would result from this ongoing stable relationship and the care and love that would be prOVided to her, 15. 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, 'I WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting legal and physical custody of the said child, ARIN JONES, to Plalnliff, her father, STEPHEN F, WAGNER. Respectfully submltled, NICHOLAS & FORE By;2 BRUCE D, FOREMAN, ESQUIRE Atlorneys for Plaintiff 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 236.9391 Attorney 1.0, #21193 . I ': 1 " I VERI FICA TION I 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. ~4904 relating to unsworn falsification to authorities, Dated: ~;. '3, C] ~ ~ ~ tt:~ STEPH WAGNER "1 4":L) ~''''."" I; I I ...... -!J c '-) -- "'-- ~ <::::::", ~- C::J: 'p.... " 11:; ::.':,,'-l ~ ~ " ... .~t,~~ II' no ~> ._ ==---'~::! ~L_t :""'tr "'", (:C ... W ~ ~ ::c .~ "" r-----. (:) I\~\~~ ~ \\.., c::o l>' l}.o ~ <..J'c;:::.. ~. ~ -. .. STEPHEN F. WAGNER, Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95-1251 Civil Term MARY POST Defendant CIVIL ACTION - LAW AFFrDAvrT OF SERVrCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS, Personally appeared before me, a Notary Public, in and for said Commonwealth and County, BRUCE D, FOREMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1, That March 10, 1995, a, Complaint in Custody, properly endorsed with a Notice to Defend and Claim Rights, was filed on behalf of the Plaintiff and against the Defendant in the above case. 2. That on March 23, 1995, I forwarded by certified mail, return receipt requested, a clocked-in copy of the Complaint for Custody, properly endorsed with a Notice to Defend and Claim Rights, to the said Mary Post, Defendant, at 4237 E. 4th St. #9, Long Beach, California 90814, -. - ": 3, That to the best of my information and belief, the signature on Part 5 of the return receipt card is, in fact, the signature of the Defendant, Mary Post, " l}iAJ BRUCE D. FOREMAN, ESQUIRE SWORN to and subscribed ' before me this 31,.1 day of IrYU:vU~J, , 1995. khno hr,\(>, 1<''"YIll'Q 0 In Notary Public My Co~mission Expires: rlDTARIAL SEAL CHARLENE K. MILLER. Notary Publlo HarriSburg. Dauphin County My Commlsslun Expires Feb. 8. 1999 ....: , " ., \, . ,j~l. pl,\.(' 1(, ~, Ll\1.~1U)\..._ . -. ~ Z 025 727 3"12 ~ Receipt for Certified Mail No Insuranco Covorogo Provided ="1 00 n01 usn 101 Inlolrlnlionol Mail ",,,.,,..- ISeo AovIHso) $ .55 1 10 CI"I,I~"1 /"1' ~>I>"LLI! Ilt-i"l-I~ I.." 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