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CHARLES E. PETRIE
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AnotVCBY AT LAW
3528 BRISBAN STREET
HARRISBURG. PENNSYLVANIA 171lt
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CLARENCE L. BANKES,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER q5- 43 71 C~ T-€.vrl
BONNIE J. MORGAN,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
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hereby directed that the parties and their respective counsel
M;,/"&'...\ L ~!.~, the conciliator, at
~h. St, Co.rr.{} H:II , on the IJrh day of
~.M., for a Pre-Hearing Custody
appear before
1995, at 3
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.
BY THE COURT:
YOU SHOULD TAKE THIS
_M~./t~~~
PAPER TO YOUR LAWYER AT ONCE. IF y06 /'
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
TELEPHONE NUMBER: (717) 240-6200
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER
CUSTODY
CLARENCE L. BANKES,
Plaintiff
BONNIE J. MORGAN,
Defendant
COMPLAINT FOR CUSTODY
NOW COMES the Plaintiff, CLARENCE L. BANKES, by his
attorney, Charles E. Petrie, and respectfully represents as
follows:
1. Plaintiff is CLARENCE L. BANKES, who currently resides
at 35 Juniata Street, Middletown, County of Dauphin,
Pennsylvania.
2. Defendant is BONNIE J. MORGAN, who currently resides at
504 Market Street, Lemoyne, County of Cumberland, Pennsylvania.
3. Plaintiff seeks to have rights of primary physical
custody with respect to JONATHAN LEE BANKES, born October 26,
1984.
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The child was born out of wedlock.
The child is presently in the custody of Defendant, BONNIE
J. MORGAN.
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During the past five years, the child has resided with the
following persons and at the following addresses: From August,
1990, until April, 1993, with Defendant at Thornwood Building,
Schuyler Hall, Harrisburg, Pennsylvania; from April, 1993, until
June, 1995, with Defendant at Penns Woods Apartments, 5209
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Winding Way, Harrisburg, Pennsylvania; from June, 1995, until the
present with Defendant at 504 Market street, Lemoyne,
Pennsylvania.
The mother of the child is BONNIE J. MORGAN, who currently
resides at 504 Market street, Lemoyne, Pennsylvania. She is not
married.
The father of the child is CLARENCE L. BANKES, who currently
resides at 35 Juniata Street, Middletown, Pennsylvania. He is
married.
4. The relationship of the Plaintiff to the child is that
of father. The Plaintiff currently resides with his son, Nathan
Bankes and his wife, Sherry Lyn Bankes.
5. The relationship of the Defendant to the child is that
of mother. She currently resides with the child and her
boyfriend, Juan Ortiz, and his children, Jessica Ortiz, age 6;
Jennifer Ortiz, age 4; Juan Ortiz, age 2; and her sister Lisa
Morgan.
6. The Plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or in another court.
The Plaintiff has no information of a custody proceeding
concerning the custody of the child in this or in another court.
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Plaintiff does not know of a person not a party to these
proceedings who has physical custody of the child or who claims
to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by confirming custody in Plaintiff because
Plaintiff can better care for the child.
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 enter an Order
awarding primary physical custody to Plaintiff.
Respectfully submitted,
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CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Complaint are
true and correct. 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.
/'?/lrCo,1 It 11ft""
DATE ~
(O~J'L-:f, ~
CLARENCE L. BANKES
CLARENCE L. BANKES,
Plaintiff
VB.
BONNIE J. MORGAN,
Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96-4379 CIVIL TERM
CUSTODY
ANDNOW.thl,-i11-1v~ '
, 1996, upon
consideration of the attached Custody Conciliation Report, it appearing that the
parties agreed to the terms and provisions of this Order which was dictated in their
presence and approved by them and their counsel, we hereby order as follows:
1. The parties will share legal custody of the minor child,
Jonethan Lee Bankes, date of birth 26 September 1984.
2. Mother shall have primary physical custody of the child
subject to periods of partial custody and visitation with Father as
follows:
a. On alternating weekends from Friday at 4:30
p.m. until Sunday at 1 :00 p.m.
b. On alternating Thursdays, the Thursday following
the weekend visitation, from 4:30 p.m. until 7:00 p.m.
3. The parties will share the Thanksgiving holiday with
Mother having the period from 12:00 p.m. until 4:00 p.m. and
Father having the period from 4:00 p.m. until 8:00 p.m.
4. The parties will share In the Christmas holiday. The
Christmas holiday will be broken Into two segments. The first
segment will be on Christmas Eve from 6:00 p.m. until Christmas
Day at 10:00 a.m.. The second segment will be on Christmas Day
from 10:00 a.m. until 26 December at 10:00 a.m. Mother will
heve the first segment in 1995 and ail odd numbered years
thereafter unless this Order Is changed.
5. The parties will alternate the following major holidays:
New Years, Easter, Memorial Day, Independence Day, and Labor
Day.
6. This Order wJII also provide for a summer visitation with
Father for two weeks In 1996 at times to be agreed upon by the
parties.
7. Either party may petition the court for a modification of
this Order at any time.
J.
Charles E. Petrie, Esquire - Attorney for Plaintiff
Joan Carey, Esquire - Attorney for Defendal\t."
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CLARENCE L. BANKES,
Plaintiff
.
BONNIE J. MORGAN,
Defendant
CIVIL ACTION - LAW
NO. 95-4379 CIVIL TERM
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(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:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Jonathan Lee Bankes
26 September 1984
Defendant/Mother
2. A Conciliation Conference was held on 28 September 1995, and the
fOllowing individuals were present: the Plaintiff and his attorney, Charles E. Petrie,
Esquire. The Defendant appeared with her attorney, Joan Carey, Esquire.
3. Items resolved by agreement: all issues were resolved by agreement and
the Conciliator prepared an Order in the presence of all parties and counsel, said
Order being attached to this report.
3 October 1995
Michael L. Ba gs
Custody Conciliator
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CHARLES E. PETRIE
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MAR 1 1 199-#-
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AnDRHI!.Y AT lAw
3528 BRISBAN STREET
HARRISBURG. PENNSYI.VANIA 17111
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CLARENCE L. BANKES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: 95-4379
CUSTODY
VS.
BONNIE J. MORGAN,
Defendant
AND NOW,
this'~ ~aY
, 1997, upon consideration
Complaint, it is hereby
IfJJ
Stipulation, and
of the within Motion,
Ordered as follows:
1. That the Order of October 12, 1995, is hereby
vacated.
2. The parties will share legal custody of the minor
child, JONATHAN LEE BANKES, born September 26, 1984.
3. Father shall have primary physical custody of the
child subject to liberal and frequent periods of partial custody
with Mother from time to time as the parties shall agree, with a
minimum of every other weekend from Friday evening to Sunday
evening.
4. The parties will share the Thanksgiving and
Christmas holidays in as equitable a manner as possible.
5. The parties will alternate the following major
holidays: New Years, Easter, Memorial Day, Independence Day, and
Labor Day.
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WHEREFORE, Plaintiff respectfully requests that Your
Honorable Court amend the Order of October 12, 1995, in
accordance with the terms of the attached Stipulation.
Respectfully submitted,
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CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, Pennsylvania 17111
(717) 561-1939
Attorney for Plaintiff