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HomeMy WebLinkAbout95-03085 BOBBY ALLEN WHITE, JR., PJalntUT : IN Tm:: COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v, , , : CIVIL ACTION. LAW : NO,qS' _ 308' 5 CIVIL TERM : CUBTODY PATRICIA BELEN RICHWINE, Defendant ORDER OF COURT You, Patricia Helen Richwine, Defendant, have been 8ued in Court to obtain custody of the following child: Brooks Allen White, date of birth, May 6, 1091. AND NOW, th1e ~ day of ::;, I /lr' , 1095, upon consideration of the attached Complaint, It ill hereby directed that the partle8 and their re8pectlve counsel appear before l.\ (, ; v, t~ , the conciliator, at Lit ",.na-rCv,,"/', (.. ~~;~~~ day of A l.\."I~l ':. i , 1095, at I':'JI '1-M, for a Pre'Hearlni Cu.tody Conference, At 8uch Conference, an elTort will be made to re80lve the leeue8 In dispute; or If thla cannot be accompll8hed, to define and IWrow the 188ue8 to be heard by the Court, and to enter Into. ternpol'1ll')' order. All children age five or older 8hall also be present at the Conference, Failure to appear at the Conference may provide grounda for entry of a temporary or permanent order, YOU BHOULD TAKE THIB PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I,EGAL HELP. Court Administrator Cumberland County Courthou8e Carlisle, PA 17013 (717) 240,6200 ~IIE COVltT: ~ 1d ----/ ) / -, - It<[n,! " ..l~d {'!>(( , / v~ " JUII lO 3 21 PH '95 l'l ! ; I If! "\ I' " . '. .",) I I '1~ ' II t , , I.: ,.)~' ~~. {I',! 1"1'1 ,,;,,-6 ~ d:lf ~ "~0 'J((J-6ct! /J1>"~ '..,g ~~ t, ,;.{-; '95- {~1 ~ ~ .;( .&Ar ~ ' BOBBY ALLEN WIIITE, JR., PlalntllT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, PATRICIA HELEN IUCIIWlNE, Defendant CML ACTION. LAW NO. CIVIL TERM CUSTODY COMPUUNTFORCUSTODY 1. PlalntllT Is Bobby Allen WhIte, Jr" an adult individual whose residence Is 12 Sprln8vlew Road, Carllale, Cumberland County, Pennsylvania. 2, Defendant is Patricia Helen Richwine, an adult individual whose relidence is at 1119 Bill Spring Terrace, Newville, Cumberland County, Penn.aylvanla. 3, PlalntllT seeks CUltody of hia child, Brookl Allen WhIte, born May 6, 1091, who has resided with PlalntllT since May 23, 10911, ., Since the child's birth, he has resided with the foUowllli over the put five Yelll'l: liIII!l! Addre.. Safe lIarbor High Street, Carllale, PA I!I1!l Bobby Allen WhIte, Jr, Patricia Helen RIchwine May 6, 1091 . September 1091 Patricia Helen Richwine Andrew Giant Miaay Richwine DollBld, wt Name Unknown Lot 33, 7073 Carllale Pike Carllale, PA September 1091 . ~'ay 23, 10911 Bobby Allen WhIte, Jr, Bobby Allen WhIte, Sr, Ida WhIte 12 SprlnRView Road Carlille, PA May 23, 10911 . Present II, There Is no formal custody lIIll'eement regarding the child, 6, TIle Mtura! mother of the child Is Patricia lIelen Richwine, currently relldlng at the above- llated addre8ll, 7, TIle Mtural father of the child II Robby Allen White, Jr" currently relldlJ1i lit the above' llated addre.., 8, 'I'he relatlonlhlp of the I'lalntllT to the child Is tlult of Mtura! father, 0, 'I1le relationship of the Defendant to the child i. that of Mtural mother, 10, The P1a1ntUT haa not parllclpated aa a party or In any other capacity, In other lltlptlon concerning the custody of the child In this or any other court, 11, PlalntUThaa no information of a custody proceeding concerning the child pending In a court of this Commonwealth, 12, The best Interests and permanent welfare of the child will be served by lll'antlnlJ the rellef requested because the P1a1ntlJT Is the primary care lPver with respect to the child and becaUle Defendant hu failed to proper1,y care for the child or hu failed to provide information on the wety or welfare of tha child, 13, Each parent whose parental rights to the child have not been terminated and the penon who Iw physical custody of the child have been named aa parties to thla action, No other penona are known to have or claim to have any rliht to custody or visitation of the child other than the partin to thla action, WHEREFORE, P1a1ntUT requests your Honorabls Court to lll'ant to him both primary phyllcallllld le881 custody of hIa child, Shannon Marie Ingram, Respectfully submitted, LAW OFFICES OF RON TURO Date ':1 -,) t ". .' \' r -j", ~~\,,' .,~ >J hprjl.'- David J, S~tts. EeqG~e 32 South Bedford Street Carlisle, PA 17013 (717) 245.0688 Attorney for Plaintiff VERIFICATION I verIfY that the .tatementa made In the foregoing Complaint are true and correct, I underatand that falle .tatementa herein made are .ubjed to the penaltle. of 18 Pa.C,B.A. "904 relatlni to WIIworn fallU1catlon to lIuthoritle., t,-'tS-'jS Datll ;i.,{j: (j V-~ f' by WhIte, Jr. .. ,~;t. -i",:., ,.',' , _"nO> ' . ~""-"lio ..... , .,~J.. '_t:-~~.' JUM a 10 52 ~K '95 -;t"flC[ lH -'j' ',i\HI'1,'J,'1 tlJlt~ ','1i1 1;( '. 'I i ~ VI I, 'I' ", . " '''-I , . $ Lie. ~() 1"" ~ . 5(c)oJ.l:aJ..e, \~.J. .m_ ....--"..--' ''It 1./ 5 , S1)!:4W ,.rI' t~ . , } ~ I' ,/ ell #- 101 f24c. 4l ;;l.." ~ 3 7 r . i' I \ ._- - '~-~ ..",.-....~..... 1.. -_:",':~~,!,' \ ,-L. Jr' .' . ~~'r-'" ,-", BOBBY ALI,EN WIIITE. JIt., Plaintiff : IN TilE COUItT m' COMMON PI,EAB : OF CUMBEItLAND COUNTY v, : CIVIL ACTION. LAW : NO, 9IF3IlfSCIVIL TEIlM : CUSTODY PATRICIA HELEN RICHWINE, Defendant ORDER OF COURT AND NOW, thl.l,? day of ) l .hn.,). , 1997, upon con.lderatlon ofthe attached Stipulation and Agreement, It Is hereby II\ftde llI\ Order of Court llI\d all prior order. on thi.a II\ftUer are hereby vacated, J. / BOBBY ALLEN WHITE, JR" Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v, PATRICIA HELEN RICHWINE, Defendant : CNIL ACTION. LAW : NO, 05..90I.$'CNlL TERM : CUSTODY CIIILD CUSTODY AGREEMENT AND STIPULATION It Is hereby agreed by and between the parties to this action that: 1. Bobby Allen White, Jr., PlaIntlfT, ('father' hereinafter) Is the natural and legal father of Brooks Allen White, born May 6, 1991 and resides at 12 Springvlew Road, Carlisle, Cumberland County, Pennsylvania, 2, Patricia Helen RIchwine, Defendant, ('mother' herelnal\er) Is the natural and legal mother of the above named child and resides at 27 High Street, Newville, Cumberland County, PennsylV8llla. 3, Mother and father shall share legal custody of said child, 88 contemplated by the Act of November 5, 1081, P,L, 322, 23 P,S, 11001, et seq" 88 amended, 4. Father shall have primary physical CUlltody of the child, 5. Mother shall have periods of temporary physical CUBtody 88 follows: a, Father shall have custody on Christmas Eve. Mother shall have cUBtody on Christmas morning, Other holldays shall be spllt between father and mother, at times that are mutually agreeable to both parties, b, Mother may exercise periods of temporary physical cUBtody every other weekend, c. Mother may exercise periods of temporary physical custody at any other time and for any period of time 88 the parties may mutually agree, If being the desire of all parties that child's request for visitation with mother be honored, d, At any time when mother Is exercising a period of temporary physical CUBtody, the chlld shaJJ be returned to custody of father at no Inter than 7:00p,m, on the evening before a IlCheduled IlChooldny for the child, 6, Upon mutual consent of father and mother, child may have visitation with mother's family. 7, During fnther's periods of phy.lcnl custody, chlldcare will be provided by father'. .I.ter, Marie Cummlnp n/llL'or fnther's mother, Ida Mne White, when father Is working, 8, Prior to the .tart of the IIChool year for the fall 1007 term, the child, Brooks Allen White, may elect of his own free will to live with his mother, If the child so choo.es, mother shnll have prlmnry physical custody and father shnll have temporary physical custody 118 proposed above for mother, U, In the event that a period of custody must be cancelled because of an emerll"ncy or other good cause, the cancelling party shall so notify the other 88 far In advance of the IICheduled period of cuslody 88 poulble, and ofTer to arr8llll" a substitute period of custody, 10, '1'0 the maxlmulII poulble extent, the parties wlU denl directly with eneh other on Jl\8tters concerning said children, rather than communicating through third parties, 11. Mother and father will eneh take nil rell8ol18ble mell8ures to Insure that the chUd develops a positivs and loving relationship toward the other parent. 12, '1'0 the extent pos.lble, mother and father agree that the cWld ahall be carried upon III\Y and all medlcali/lJurance programs avallable to mother and father without cost, The father .haIl be the primary In.urnnce provider 8IId mother .hall be the secondary Insurance provider, Mother and father agree that any medlcal, vision or dental expenses for the cWld not covered by Insurance .hall be divided equally between the father and the mother, 13, Mother a/ld father agree that neither.haIl .eek chUd .upport from the other, Mother and father agres to take any and allnetion. necessary, either individually or coUectively, to termlnate or void any exl.tlng .upport agreementa or Orders regardinlJ the child, Both partiea agree that III\Y current support ngreement or Order la null allll void, 14, Mother and father believe thnt the terms of this agreement will serve the chUd'. best Interest. and that a trial at thia time of the factual and lepllssues presented by thl. custody dispute would do mnre tuum than IlOfMJ; however, each expressly reserve. the right to ralae In any future hearing that lIIay b...ollle n,"'.lIlnry all.,...h fnrlunl nnd legnll,"ue. a8 might otherwlae now have been ralaed at trial. ,I 16, Mother and father have entered Into this agreement with the advise of separate legal counsel, or hll8 had the opportunity to consult with separate lel!lll counsel and h88 expressly waived review by soparate counsel, f'7:l ~ ) "\ \... '-'hI:' U"l. \.\ . ~,\ f' "l..')V<\, C} Patricia Helen RIchwine 10, It Is the desire and Intent of the parties that the terms of this agreement be adopted by the Court and Incorporated by reference In an appropriate order, thus making these terms enforceable by J:.1'fJlhAl ~~ rk ~ en White, Jr, ,/ contempt proceedings. ~-<1.~1 Date r2/Mh~'J J .21d .1:1' Witness I; LAW OFFICES OF RON TURO: (,~/q-q'7 Date ~ Lisa M. WhlsLler, Esquire Attorney for Plalntl/T n , ' ~"".. d" ~l , '~ J t j~l '1\) .L II"; ",1 'i '>J 01) Jffl ,: ,'j . 1 ,~ f.' .;) 'J ~ f !' ;". ~ ,," ~ ..! ".' III "- ~~ ~:; .",. ... " " ...... ~)