HomeMy WebLinkAbout96-03451
1994; Futhcr hns hud n rcccnl DlIlllnd is not cllpublc of kccping II job; llnd bccuuse
Dctcndllnt is nol capllblc of pnlvidlng u homc ulld SUppllrt tllr the childrcn,
Ill. Elich purcnt who hils parcntul righls to the chlldrcn which hllve not bccn tcnninlltcd
lllld the pcrson who hus physicul custody of thc chlldrcn llI'e pllrties to the llcllon.
11. Plaintiff wus murried to FnUlk R. Ulihllrri on August 14, 1993. He gcts lllong very
wcll with the childrcn, IIc is MnJor in lhc Nlltiollul Ciuurd, In his civiliull CllPUeity, he Is II
cOl11municlltions spccialist with thc Uniled StlltCS Govcmmcnt, civil scrvicc, lllld bus ordcr to
Mlll1hcim, Gennuny in his cOl1UnUniClllions lield tllr a three ycar tour of dUlY, dcparting
llpproximlllely August I. 1996.
12, Plainlitf wunls to tllke lhc two childrcn 10 Gcnnuny with hcr Ilnd hcr husband, which
would give thc childrcn lln opportunity to tmvel and to cxpericncc IIllother culture with
educlltionlll opportunitics (since thcy look f'lrwllrd to studying thc Gcnll11n lunguuge of their
mother llI1d sccing their gmndmothcr, grelll grundmothcr. und othcr rellltivcs during this
unique opportunity),
13, Pluintitl'rcquests thc Court in specilll hcaring or through cxpedited custody
conciliution hearing to plucc Icgul und physiclll custody and posscssion in Plllintiff; or in the
ahemative to ordcr Ilnd direct that physicul cuslody bc pluced in PlllinlitT with authorization to
take thc childrcn to Gcnnllny,
WHEREFORE. Plaintiff rcquests this Court to grllnl physical custody of thc children to
Plaintitf llnd to uuthorizc PlaintitT to take lhc childrcn to Gennany during the pcriod which
hCI' husband is ussigncd to overscas duty.
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ELISABE'rf1 ANN ULIBARRI,
Plaintiff
IN THE ~~RT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 96-3451
CIVIL '1'f:RM
JAMES T. WRIGH'1',
Defendant
IN CUS'l'ODY
CUS'1Q)Y cn<<:ILIA'l'Ial SUlMARY REI'OOT
IN AlXXlUWlC8 wrl1l <UWERLAND <nm'Y RULB Of' CIVIL PROC8IJURE
1915.3-8, the unde~Bigned CUstody Concilisto~ Bubnits the following ~epo~tl
1. '1'he ~elevant info~l11ation pe~taining to the Child~en who a~e
the subjects of this litigation is as followst
NAME:
I3IH'1'HDATE
CURRENTLY IN CUSTODY OF
Leslie Ann W~ight
Jsmes Daniel W~ight
Octobe~ 28, 1980
Decembe~ 10, 1983
Plaintiff/Mothe~
Plaintiff/Mothe~
2. A Conciliation Confe~ence was held on July 10, 1996, with
the following individuals in attendance: 'l'he Mothe~, Elisabeth Ann
Uliba~ri, with he~ counsel, ,John H. B~oujos, E:squi~e. The f'athe~, Jsmes '1'.
Wright, who ~esides in Pheonix, Arizona, did not attend the Confe~ence. The
Moth(j~'s counsel sdvi.~ed that the Fathe~ was se~ved with notice of the
Confe~ence date and time, but the Fathe~ did not ~eceive the Notice a full
ten (10) days p~io~ to the Conciliation date.
3. The Motho~ stated that she had spoken with the Fathe~ on July
9. 1996 by telephone at which time the Fathe~ advised he~ that he did not
oppose he~ Petition fo~ prima~y custody of the Child~en o~ to ~emove the
Child~en to Germany fo~ th~ee (3) yea~s wher.e the Mothe~ I s cu~~ent husband
has been t~ansfe~~ed. Also accor.ding to the Moth~~, the Fathe~ stated that
he had to be at work at 6:00 a.m. Arizona time but would call the
Conciliato~'s office from ~ork du~ing the Conciliation or send a message by
FAX confirming his agreement. Ae of the time of prepa~ation of this ~epo~t,
the Conciliato~ has ~eceived no communication f~om the Fathe~.
4. The Mothe~'a position on custody is as follows: The Mothe~
stated that at the time of the parties I Divo~ce. the Maricopa County Cou~t
in A~izona entered an O~de~ (dated March 10. 1989) providing fo~ the Fathe~
to have primary physical custody of the Children subject to ce~tain
visitation ~l.ghts ill the Mother. Subsequent to that O~de~. primary custody
of the Child~en was transfer~ed to the Mothe~ in Pennsylvania in June 1994
by informal ag~eement of the pa~ties. Acco~ding to the Mothe~. the Fathe~
has not seen the Children since the transfer of custody in June 1994 but has
sent a few lette~s o~ cards and has called the Children occasionally. The
F/1the~ has not attempted to have periods of pa~tial custody with the
Child~en since June 1994. '1'he Mother stated that her Husband. who is a
WRIGHT:LM
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IlELLi'H a HMlRli'N: '_ QlJCI(ET
ATfO"NU& ,AT LAW ,,'CCTG.
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lJLINDALI, A"IIONA IIUQI
111011131.1408
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Oeputy
:5 Rohe1't po, Har1'ian '011520
Attorney tor Respondent
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
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IN AND FOR THE COUNTY OF MARICOPA
8 In 1'e the Ma1'riage of:
9 ELIZABETH ANN WRIGHT,
10 Petitioner,
11 and
12 JAMES THOMAS WRIGHT,
)
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No, DR 87-11024
DECREE OF DISSOLUTIO~
OF MARRIAGE
(Assigned to the 1I0nOI'1l"1"
Rufus C, Coulter)
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Respondent.
This matter having come on regularly to be heard by the
Court;
the Respondent,
JAMES THOMAS WRIGHT,
appearing in person
with his attorney, Robert F. Harrian, and the Petitioner, ELIZABETH
ANN WRIGHT, appearing in pe1'son. and the conciliation provisions of
ARS Sec. 25-381.09 either do not apply or have been met and the
ma1'riage existing between the parties is irretrievably broken,
The
Court, to the extent it has jurisdiction to do, having heard the
testimony and having made and entered herein its Findings of Facts
and Conclusions of Law and being fully advised in the premises, it
is now
ORDERED, ADJUDGED AND DECREED as follows:
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DISSOLUTION:
The marriage of the parties is hereby
27 dissolved and the parties are restored to the status of single
28 persons.
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1 made to the Clerk or the Maricopa County Superior Court pursuant to
2 a wage ass1gnmen~.
3 The court adopts the worksheet which is attached to this
4 Decree as its findings of the gross income, adjusted gross income,
5 basic child support obligation, total child support obligation,
6 each parent's proportionate share of the total child support
7 obligation, and the child support award,
8
The court further orders that every twenty-four (24)
9 months the parties exchange financial information such as tax
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returns, spousal affidavits, and earning statements.
6,
MEDICAL INSURANCE:
Respondent will provide medical
insurance coverage for the minor children so long as he is eligible
to do so through his employment.
Petitioner currently qualifies
for AHCCS medical coverage and said coverage will be utilized by
the party so long as Petitioner qualifies.
When Petitioner no
longer qualifies for AHCCS coverage then all uncovered health care
costs, including dental care, will be proportionately divided
between the parties based upon their respective incomes as stated
on the last court approved parent's worksheet for child support,
7.
BANK ACCOUNTS:
Each party will receive as their
sole and separate property all funds in any b~nk accounts currently
bearing their respective names.
The other party specifically
waives any interest they have in the funds in said account.s.
8,
RETIREMENT BENEFITS:
Each par ty will rece i ve as
their sole and separate property any and all retirement benefits or
employee savings benefits they have accrued thr.ough current or past
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2.
SPOUSAL MAINTENA!'lCE:
Neithl!r party will recei'/e
spousal maintl!nance.
3,
ATTORNEY'S FEES:
Each party will
the i!'
pay
respective attorney's fees and court costs incurred in this matte~.
4,
CUSTODY/VISITATION:
The Respondent is awarded the
care, cU<itody, and control, the parties' two (2) minor children,
namely: LESLIE ANN WRIGHT, born October 28, 1980 and JAMES DANIEL
WRIGHT, born December 10, 1983,
Petitioner will have supervised
visitation of both minor children.
All supervised visitation will
be coordinated through the Arizona Department of Economic Security
(DES) or their contracting agency,
Supervised visitation will
continue until such time as DES determines that supervised
visitation is no longer necessary or by order of this Coun,
Supervised visitation will be no less than one visit every two
weeks but may be as frequent as DES and Petitioner can arrange upon
mutual consent.
Petitioner shall give to Respondent all of the
children's personal belongings and effects for the benefit of the
children.
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Pet i t ioner is ordered to pay to
5.
CHILD SUPPORT:
Respondent child support in the amount of one hundred forty-six
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dollars ($146) per month until the minor children are no longe:-
eligible to receive child support payments pursuant to the Arizona
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Revised Statutes. Child support shall be paid one-half on
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and one-half on the 15th day of each and every month with the
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payment due on the first day of the full month following the entry
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of the Decree of Dissolution of Marriage.
the 1st
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first
All payments shall be
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1 emplo';'mantl5.
The othlH s[JI!II'1 r I.;'" 11'1 W/llv"s eny inttlreat they h.we
2 in thtl othert5 belll!lritti.
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MnQ~Vr;;tHc~,;,~
P",t It 1';)11''1' tlh"ll receive as her
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1\ 50115 and !Iep'Jratl! proplHty th", t'H;'J \.'hl!!vrlllllt V,JI\.
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10. l!.OUS!lli1JdLIYJ!NJ!UU1iQ~ _M1!L.I'!R~()NAL ITEMS:
Accept as
l\ provIded herein. all hOlllgeholLl tllrlli'sh.ll1l]l'I, fipp11 IlIlCea, tools, and
7 personal ettects which ax'" CUX'I'ellt Iy in the posl5ession of the
tl respective pilrtifls will be Ilwardel1 "'IS that parties sole and
9 Ileparate prop~rty,
Rel5pondent shall give to Petitioner the
10 personal effects that ore current ly atored in Respondent's garage.
11 Respondent shall immlldiately give to Petitioner her passport H it
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is in his pOl'laesaiun,
z n 13 11. REAr.._J>ROI'J~!l.1.1: The marital home loce.ted at 8051
~n~
Q: ~. ~ 11\
~I-~~~ North 56th Avenue, 0lomd'lll!, Arl~ona 85301 is currently in
'r C .. N'"
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~tt~~ foreclosurll proceedings, Tha partil!l5 will equally divid~ any costs
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j~~~~ 16 of liability or any Ill!t proc".,ds au a reault of the foreclosure
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~ u procel!d i ngs ,
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12 . !!M'rS :
The Respondent shall assume as his sole and
19 Ilepilrate debt the hospital bill incurred at the Maryvale Samaritan
20 Hospital for the o rHH II t ion on thoir minor son in the 8um of
21 approximately nine hundl'ed fifty-two dollars ($952) and hold
22 Petitioner harmlesB thereon. Pet it ioner sha 11 assume her sole
as
23 and
debt
thO'!
hospital
with
Maryvale
Samar.ttan
bill
sl!par.~ te
2,1
Hospital
tur
her
three
In
the
approximate
of
hundred
ctlrtt
sum
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thirteen d.)llarl\l ($,lt31 and the doctor bill '/lith Dr. Ann K. Laor1:'
2/3
in the approximate Bum of three hundred st!vl!!nty dollars ($3701, and
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hold Respondent harrnll!s" thereon.
The parties warrant that there
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ore no other existing community obligations and if commun:ty
obligations arise then the party having incurred that obligatior:
will be responsible to pay said obligation and hold the other party
harmless thereon.
13, MISCELLANEOUS I
Each party will execute any and all
dor;uments necessary in order to carry out the intent of this
Decree.
DONE IN OPEN COURT this k day of /?/ (<2 '1.c-tC
1989,
, OOULTER, JR.
the Superior Court
Copy of ~e foregoing mailed
this ~ day of February,
1989,--rot
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j\.j l~.;:') .1. ,,1, . , ,
Elizabeth Ann Wright
14802 North 34th Street
Phoenix, Arizona 85032
Petitioner
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II. Whcn the mOlhcl llllll her prcscnt husband upplicd lor passports tllr the children, thc
Dlrcctor of Pussport Policy, Dcparllncnl of Statc, rcfuscd to issue a passp\lrt to thc chlldrcn
bascd on a rcquesl fh1l11 the tillhcr scvcrlll months ugll when the mOlhcr had first volunturily
disclosed that she dcsircd 10 tnkc thc children to Gcnnany. Falhcr adviscd the StlltC
Dcpartmcnt tllllt hc did not wllnt his childrcn to bc removed Irom lhc country,
12. Phonc call to William Wh1ll10n, AllOnlCY, Director of Pllssport Policy, confinncd thllt
thcy would not authorizc issuuncc of thc pllssports untillhe luthcr hud LUl opportunity to
rcspond to till: requcsl Illr passpol1s.
13. The Dircctor indicatcd 111lllthc Dcpllrtmcnt considcrcd it wus under LUl ohllgutlon 10
contaclthc luthcr und wanted his responsc. 22 CFR 51.27 docs not rcquirc this Inquiry.
14, Dircctor William Whurton indicatcd thut thr.re wcrc conllicting Court Ordcrs. He
indicllted tlllll he would be morc pronc to lluthorizc issuance of lhc pussports if hc had a
Court Ordcr indicaling Ihlll Ihe Court of CUl1lbcrlllnd County hlld belore it and considcred thc
originlll Court Ordcr und llssumcd jurisdiction in spite of thlll Court Ordcr.
15. Thc curliest that thcy indicatcd lhcy would authorizc issuuncc was July 29, which is
only I day bcfore thc mothcr, hcr husbLUld llnd thc childrcn dcpllrt Carlisle for thcir trip to
llI101hcr location ill thc United Statcs and thcn on to Gcnnany,
16. Pctitioncr prays the Court to modify thc Court Ordcr indicaling that the Court hIlS
revicwed thc Arizona dccrce and hIlS assumed Jurisdiction of the childrcn and has rcsolved lbe
conllict of Jurisdiction in lavor of tnking jurisdiction currcntly ill Pcnnsylvania.
17. Timc is of thc csscncc in this maHcr. Thc authorization of thc pllSsports stilllellvcs
ndditionllltimc /01' actual proccssing and mailing lhc pllSSportS.