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HomeMy WebLinkAbout96-01207 J I I J j t--- I ~) ...j, \.)-.1 I \ , , " " / '// KENNETH I. TREASTER, JR., . IN THE COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 96 - I;:)U-7 CIVIL TERM : . . MACHELL E. TREASTER, :CIVIL ACTION - CUSTODY Defendant . . COMPLAINT FOR CUSTODY 1. Plaintiff is Kenneth I. Treaster, Jr., an adult individual whose residence is at 1883 Spring Rd., Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Machel! E. Treaster, an adult individual currently residing at an unknown location, believed to be somewhere in or near Boiling Springs, Cumberland County, Pennsylvania. A. Defendant currently works at Carlisle Tire and Rubber Company, 621 North College St., Carlisle, Cumberland County, Pennsylvania. B. Defendant residing at an unknown location with a female paramour. 3. Plaintiff seeks custody of his children, Kevin Lee Treaster, date of birth of December 28, 1981 and Dustin Kenneth Treaster, date of birth of November 11, 1984, currently residing at 1883 Spring Rd., Carlisle, Cumberland County Pennsylvania. . 4. The children are presently in the custody of Plaintiff. 5. Since the children's birth, the children have resided with the following over the past five years: lWl!! Address ~ Plaintiff 1883 Spring Rd. Mar. 2, 1996 - Carlisle, PA Present Plaintiff and 1883 Spring Rd. Jun. 1995 - Defendant Carlisle, PA Mar. 2, 1996 Plaintiff, Defendant, 6 Belair Ave. Jan. 1995 - Kenneth Treaster, Sr., Carlisle, PA Jun. 1995 and Sharon Treaster Plaintiff and 106 N. Church St. Jun. 1991 - Defendant Quarryville, PA Dec. 1994 Plaintiff and Mt. View Terrace May 1987 - Defendant Bloserville, PA May 1991 6. The natural mother of the children is Defendant, currently residing at an unknown location. 7. The father of the children is Plaintiff, currently residing at the above-stated address. 8. The relationship of the Plaintiff to the child is that of father. 9. The relationship of the Defendant to the child is that of mother. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 11. Plaintiff has 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 granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 13. Each parent whose parental rights to the child have not II been Ii 'I Ii terminated and the person who has physical custody of the i l -? d ~ - IL -I ~ ",- - .3 '--" - '.> c,) - I ,) J ,~ ::r ~I' ' - .) .( li' ,) r- f~( J l.i":' ,,'" u" ~; ....:. ~ 1.-) ({\ en 0', , "I' -::r- "ll 'f\ -.,:1. t cL t.: . j , \] \ ~ .","".. u ~ ' - , -: I c; C.. . .) <:' ", ;)\> un ~, I f-\-tt'-t \:__'CIL (;(1.>1'1'<:.11) 1...\~-f)Ctl\-''.. \ C' (1 ~\ , l:..)I.~- ,i KENNETH \ \ v. Ii HACHELL : IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 96 - I') L' I CIVIL TERM' : :CIVIL ACTION - CUSTODY . I. TREASTER, JR., plaintiff . E. TREASTER, Defendant . . ....... \ \-- ...?......\..l'~\ \ e. (' , I' o,e, C. '-- , Ii ( t(,J /" COMPLAINT 'OR CUSTODY 1. plaintiff is Kenneth I. Treaster, Jr., an adult individual whose resIdence is at 1883 spring Rd., Carlisle, Cumberland County, pennsylvania. 2. Defendant is Machell E. Treaster, an adult individual currently reslding at an unknown location, believed to be somewhere in or near Boiling Springs, Cumberland County, Pennsylvania. A. Defendant currently works at Carlisle Tire and Rubber Company, 621 North College St., Carlisle, Cumberland County, Pennsylvania. B. Defendant residing at an unknown location with a female paramour.. 3. plaintiff seeks custody of his children, Kevin Lee Treaster, date of birth of December 28, 1981 and Dustin KennetN\: Treaster, date of birth of November Ii, 1984, currently residing at 1883 Spring Rd., Carlisle, Cumberland County Pennsylvania. 4. The children are presently in the custody of plaintiff. s. Since the children's birth, the children have resided with the following over the past five years: , , lCBNNETH I. TREASTER, JR., I IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : MACHELL E. TREASTER, : NO. 96-1207 CIVIL TERM Defendant : : CIVIL ACTION - CUSTODY COURT ORDER 1'" AND NOW, this ~d day of May, 1996, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Date 'I if ..... b~ ,.... ; 0 lou\ ~-) -: [t' L: ..,..; U', , < i E2' l ') '.' I --, u.: I. r - i ", ,.PI <..' ~ , '.. , ..-' - A. Periods oC custody may occur with allY other party at any other time and Cor any period oC time as the partiea may mutually agree, it being the desire oC all partiea that liberal periods oC custody be eccommodated. B, When Mother lIOCures a thre....bedroom apartment or house in which to live, Dustin Kenneth Treaster may reside primarily with Mother. C. It is understood and agreed to by all parties that the legal addreaa oC Dustin Kenneth Treaster Cor school purposes shall be the addreaa oC the paternal grandparent. D. When Mother is working, Dustin Kenneth Treaster shall reside with the paternal grandparents. 7. Paternal grandparents will provide transportation Cor both oC the above named children to and Crom elltra curricuJar activities, including transportation to and Crom Mother's house, when necell88l'Y . 8, Father. Mother, and paternal grandparents shall keep each other informed oC their respective current addressea and telephone numbers. 9. In the event that a period oC custody must be c:anceUed because oC an emergency or other good cause, the cancelling party shall 80 notuy the other as Car in advance oC the scheduled period oC custody as possible, and olTer to arrange a substitute period oC temporary custody. 10. To the IJIlIllimwn possible elltent, the parties will deal directly with each other on matters concerning said children, rather than communicating through third parties. 11. Mother and Father will each take all reasonable measures to ensure that the child develope a positive and loving relationahlp toward the other parent. 12, The parties agree that the children shall be carried upon the employer sponsored medical insurance programs provided to Mother and Father. Mother shall be the primary insUl'llJlCtl provider and Father shall be the secondary insurance provider. IC Ceasible, paternal grandparents will also carry the children on their medical insurance programs. The pariies Curther agree that any medical, vision or dental ellpenses Cor the children not covered by insurance shall be divided equally between the Father and Mother, L 10. Mother IIId Father will each take ell reuonable measures to enaure that the child dewlope . poeitive IIId loving relationahip toward the other parent. 11, The parties agree that the children ahal1 be carried upon the employer lIpolllOred medical insurance prOllf8l11l provided to Mother IIId Father. Mother.haIl be the primary lNurance provider and Father ahal1 be tha lIIlCOndary insurance provider. The partin further agree that any medical, vlalon or dental expenaes for the children not covered by inal1l'lUlCl.haIl be divided equal\y between the Father and Mother. 12, All parties agree that none of them .haIl seek child support from an,}' other party. If flnancial conditiol\ll chanp for Mother or Father, Mother or Father reserve the ritlht &0 lnatitute support proceedlnp again8& the other. 13. Mother IIId Father believe that the terma of this 811'eement will IIerve the children'l best Intereata, IIId that a trial at this time of the factual IIId legal iasues presented by this c:w.t.ody dispute would do more harm than good; however, eacl1 expresaly reserves the ritlht to raise In an,}' Mure heerinr that may become neceeaary aU such factualllld legal issues II might otherwise now have been rIiaed at &riaL 14, All parties have entered into this Agreement with the advice of separate IegaI counael. or baa had the opportunity to consult with separate legal counselllld has expressly waived review by aeplII'8te eounseL 15, It is the desire IIId intent of the parties that the terma of this agreement be adopted by the Court IIId incorporated by reference in III appropriate Order, thua malting these terms enforeeable Cj -2.. '7 - 17 Date ,. q \"").<'\ r I Date \ 9~J ~- ''/'? Date 4,'//.L ~uEt.. Sharon Treaster /' ~':; 7/ Date 5. Since the entry of said Order there has been a significant change in circumstances which warrants the modification to the Order requested by the Petitioner, in that: a. Respondent has taken up residence with James Farner, a single adult male having been sentenced by this Honorable Court to serve six years imprisonment in the Cumberland County Prison on a criminal conviction for two counts of homicide by vehicle while under the influence of alcohol, b. Since the time he has taken up residence with Respondent, James Farner has endangered the safety and well being of the Child by operating a motor vehicle while under the influence of alcohol while the child was a passenger therein, on at least one occasion, c. Since the time he has taken up residence with Respondent, James Farner has endangered the safety and well being of the Child by becoming visibly and publicly intoxicated on at least one occasion while the Respondent was enjoying visitation with the Child d. The Respondent has permitted and, by her inaction, has encouraged, such situations which endanger the Child's life, health, safety, and general welfare. 6. Petitioner fears for the health, life, safety, and general welfare of his Child, 7. petitioner respectfully requests this Court to modify the aforesaid Order for Custody by adding a provision forbidding Mr. Farner from operating any motor vehicle where the Child is a passenger and requiring the Respondent to guard the life and safety of the Child by ensuring that, whenever the Child is a j ; , I ,- (: I J { 1 I , '" i , , I j l ,r j L I I I oate:~. ~~-=v n Peter Russo. Esquire 6 I West Louther Street Carlisle. PA 17013 KENNETH 1 TREASTER Plaintiff IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vS NO 1207 CIVIL 1996 CUSTODY VISITATION MACHELL E TREASTER. Defendant ~1THDRA W AL o.LAU-EARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the above-named defendant Machell E, Treaster in the above-captioned case fJIlTRY OF APPEARANCE TOTHE PROTHONOTARY ~: ...;t ," '. ", c- . , , , .,; , .. .' :J , l;., '--"I J <, , ) 0'. \\"(}J\ ')~\\\ .' ~_.- ,\ . - ~ .~ 'J ..