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Home My WebLink About95-04889 ','.C .','. ", ,.." -= ~5' ... "'b"'c "'xc,- :: ;;:ou~ '-'':0.'> ('Y) (71,.....~-* "\~.ct)oo t" " -,V' \.~f~a::r ~ .t;l.&J~ _ .t...t'ttfl.... Ji' t; li"-' ...<)~ '" . ~ , r' ~ ~")~ ~ f" ~ IV'\ ~ ..., ~-o.f\ ~~ ~ es: . .. . . SEP 1 4 10~'. ..... . . SHIRLEY A, RUSSELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, r; !.J (/ ~ I Lj (l qL\..l "J UL 11-' v, CHARLES W, RUSSELL, CIVIL ACTION - CUSTODY Defendant ORDER OF COURT AND NOW, this~day of S'I1JfC7"l1r, 1995, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before VI, 0~' I L I~'''''I'> (""/. the conciliator. at '2 (") c:, . I -1/1 '> j (."t. If d on the g })lL day of "'l'II( ;..Iy~ , 1995, attf.f....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, 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, FOR THE COURT, By: Jlkh.-ul /L, g~ ~ Custody Conciliator tJ I The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Ad of 1990, For information about accessible facilities and reasonable accommodations available to disabled Individuals having business before the Court. please contact our office, Ail arrangements must be mede at least 72 hOUlS prior to any hearing or business before the Court, You must attend the scheduled conference or hearing, 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 COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE (717) 240-6200 " , ~ <i I J I. (, I l ., t'l !,' I " ,,- Lr> <7"> so .~ ,- .. -:::l .,. "" V" SHIRLEY A, RUSSELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO, CHARLES W, RUSSELL, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTQDY 1, The Plaintiff is SHIRLEY A. RUSSELL, whose residence is 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 2, The Defendant is CHARLES W, RUSSELL. Plaintiff believes and therefore avers that the defendant is currently residing at 706 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, 3, Plaintiff seeks custody of the following child: Nicole Lynn Russell 40 East Locust Street, Mechanicsburg, PA Age: 9 years The child was adopted during the course of the marriage between Plaintiff and Defendant. The child is presently in the custody of the Plaintiff, SHIRLEY A. RUSSELL, whose residence is 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, Since the adoption of the child by Plaintiff and Defendant in 1992, the child has resided with the following persons and at the following addresses: From the time of adoption till the summer of 1993: 14 South Broad Street, Mechanicsburg, PA with Plaintiff end Defendant From the summer of 1993 till present: 40 East Locust Street, Mechanicsburg, PA with Plaintiff, Defendant and Plaintiffs brother, Daniel L. Gordon, Sr, The adoptive mother of the child is the Plaintiff, SHIRLEY A. RUSSELL. She is presently married to Defendant. The adoptive father of the child is the Defendant, CHARLES W. RUSSELL. He is presently married to Plaintiff, 4, The relationship of Plaintiff to the child is that of mother, The Plaintiff currently resides with her child. 5, The relationship of Defendant to the child is that of father. Plaintiff believes and therefore avers that Defendant resides with another individual at the address stated in paragraph 2, 6, Plaintiff has not participated as a party or witness, or in another capacity, in other pending litigation concerning the custody of the child in this or another court, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another jurisdiction, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or 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 granting the relief requested because: a. Plaintiff has served as the primary care giver of the child prior to and since her adoption; b. Plaintiff is capable, willing and in a better position to continue to provide care for the child. c, Plaintiff, at the time she adopted her child. gave up her employment as a store manager and began working as a self employed day care provider, Plaintiff undertook this change in employment in order to devote as much time as possible to care for her daughter. As a result of this change Plaintiff does have continuous contact with her child throughout the week, including being present when her child is preparing for and retuming from school and ensuring that her child is not left unsupervised for extended periods of time; 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 of the child to Plaintiff, ; -p ~ ~~. , Thomas M, K ,Esquire./ Attomey for,fllaintiff. ~) Supr~me Court 10, No, 38687 ~ ----- 219 East Main Street Mechanicsburg, PA 17055 Telephone: (717) 795-9277 date: Sur I/, /f7U" ~ I verify that the statements made in the attached Pleading are true and correct, I understand that false statements made herein are subject to the penalties of 18 Pa,Cons,Stat. see, 4904 relating to unsworn falsification to authorities, S(~ f1, R ~r.>~SJL SHIRLEYA,~SSELL , . . p ~ .. ('0') ~.... .... wt~.. E-*~~ .OU,., \..zo;,.:" :;~"-z-f . .0.(>- ~;'i >'t:fl.l\ ~:~, e:z ;:\, T' <rr:5 ~~. 7:..:1.. ....g <) IJ') '" Ji a. \ . ,.- . . " SHIRLEY A. RUSSELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : No, 95 - 4889 Civil Term CHARLES W. RUSSELL Defendant : CIVIL ACTION - CUSTODY I, Thomas M, Kulz, Esquire, do hereby certify that I served a true and correct copy of the Complaint filed in the above captioned matter was served on the defendant, CHARLES W, RUSSELL, by depositing a copy of the same in the United States mail, certified, restrided delivery, return receipt requested and postage prepaid on September 19, 1995, The return receipt bearing the Defendant's signature and showing a delivery date of September 20, 1995, are attached, ;)/ -.-,.- ;-;-' ",/ / /~ -;,' '1-'/ ..",- .' ... /: / J;:;"--';" /, . I' , '//'<///,'0/.. . > ,1 Thomas M, Kutz, Esquire ' 219 East Main Street \..~} Mecha~..17055 Attorney I,D, NO, 38887 date: September 21, 1995 RUSSELLV.RUSSELL Cumb, Co. No. 95-4889 Civil Tenn Certificate of Service Pille 2 . )'7:-:'~-~ 'Pc ,~,L - _;.:_.' _"T''':'"-.~,~~+-f,;~ .~~~~"'''''''';M''''''''''';'<~''Y':~'~7,,,~-'',"'''''r~~./_,,~.'-,,_~::,~ ,\ 'I '} '~1 -:d 10: '3 '} :!J-7S 4\t.IeMotTvPt ~'.:I IIId 0.... c.1IIIId 0 COO 0... MIll 0 41. ;~""'+$ ~ ;rfRu,r ,~""... ~III/~S ilftM. jftn~ ~~ S~ ""it..",;.) . . ~ '7t'$'.s- I I ",- -, '."" ) , '_'r '," ...., '~ . ;. :'~" l'.,'< ,. . .+ " -'.". ",?I-' . , .' ~ >;,.... , .. ,.}"".- ~ ~. , -'< ,. ." . fI/. .. NOV G 8 ;1)Ql tL ." .. - ,)pr . . ... Ii . SHIRLEY A. RUSSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHARLES W. RUSSELL, Defendant CIVIL ACTION.. LAW NO. 95-4889 CIVIL TERM CUSTODY (). ~ ORDER AND NOW. this ~ day of . 1995. upon receipt of the Conciliator's Report, wherein it indicates that the parties have reached an agreement as to all issues. and that agreement was dictated in their presence and approved by them and their counsel. it is hereby ordered and directed as follows: 1. The parties shall share legal custody of the minor child. Nicole Lynn Russell, d.o.b. 22 June 1986, 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p,m, This alternating. overnight. weekend visitation shall not occur until it has been approved after consultation with Sally Rooney. Until such time as Sally Rooney approves an overnight visitation, Father shall be entitled to periods of partial custody and visitation with the , minor child on an alternating weekends for some time on Saturday and some time on Sunday, the times to be agreed upon by the parties. 3. The parties shall alternate major holidays, said holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July, and labor Day. Mother shall begin this alternating holiday schedule with Thanksgiving of 1995. 4. The parties shall share the Christmas holiday with Mother having the minor child from Christmas Eve until 3:00 p.m. on Christmas Day and Father having the minor child from 3:00 p.m. on Christmas Day until Christmas evening at 9:00 p.m. Once Sally Rooney approves overnight visitation, the Father's Christmas period will be extended until December 26 at 3:00 p,m, 5. Father shall be entitled to four weeks of partial custody and visitation of the minor child over the summer months, those four weeks to occur during his scheduled vacation from work. Father is to provide Mother with notice of the four weeks that he intends to exercise these periods by 1 April of each year. SHIRLEY A. RUSSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHARLES W. RUSSELL, Defendant CIVIL ACTION - LAW NO. 95-4B89 CIVIL TERM CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 5.3-8(bl, 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 BIRTHDA TE CURRENTLY IN CUSTODY OF Nicole Lynn Russell 22 June 1986 Plaintiff IMother 2, A Conciliation Conference was held on 2 November 1995. and the following individuals were present: the Plaintiff and her attorney, Thomas M. Kutz, Esquire. The Defendant appeared with his attorney, Murrel R, Walters, III, Esquire. 3, Items resolved by agreement: See Order attached, 4. Issues yet to be resolved: See Order attached. 1 . . 5. The Plaintiff's position on custody is as follows: See Order attached. 6. The Defendant's position on custody is as follows: See Order attached. 7. Need for separate counsel to represent child: Neither party requested and the Conciliator believes separate counsel for the child is not necessary. 8. Need for independent psychologicallwaluation or counseling: Neither party requested and the Conciliator believes this is not necessary. Date: 7 November 1995 :) ichael L. Bangs Custody Conciliator 2