HomeMy WebLinkAbout96-03617
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following specUlc occasions:
a) 011 JWle 19, 1996, following all argument between the parties, Petltioller left to
meet with a maniuge connselor. Upon Petitioner's relnm, Respondent was gone
with the minor child with no Indicotlon of his I'etnlll or the child's l'etuJ1I.
Respondentl'clnnlcd with the minor child thc ncxt doy at or IIbout 7:00 l!.In,
b) On JWIC 24, 191)(" RcsllondcntllJok thc minor child 10 visit his slstcr in
WatsontowlI withoutlirsttclling Pctitloncr ond ICllvlng no Indicotion ofa rctum
date. Respondcntl'ctul1lcd with thc mlnOl' child on thc oftcnlllonof JUIIC 26th.
c) 011 JUIlC 26th, Rcspondcntthrcotcncd to "gcto IlIwycr IInd gct full custody of
Courtncy, "
d) 011 or obontthis tlmc Rcspondcnt wrote 0 notc to Pctitioncr which stated, "Unlcss
some drastic chongc ovcrcomcs yon, and you octlikc lilY wife instcod of my cncmy
or my mother, I'm going to Icovc o'ld I might do things we both will rcgrct,"
e) On the wcckcnd of June 29th, Rcspondcntmodc thc following COllllllents: He's
going to movc and Petitioncr would ncver hove to scc him again, Ifhe hos to use
the 10Sltwo pcnnics his porcnts hovc. hc would get full custody of Courtney and
Petitioncr willncver scc hcr. Ilc would sign divorcc pllpcrs tOIllOlTOW providcd
Petitioncr signs ovcr olllcgol right to ConJ1ncy.
S. A divorcc complaint hilS bccn filcd simultoncollsly with the filing of this Pctition.
6. Petitioncr and Respondclll shall hovc shorcd legal custody of minor child.
7. Primary physicol custody sholl be grunt cd to Petitioncr,
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Plaintiff desires that sucb wriuen custody agreement be approved by the Court and incorporated In
any divorce decree which may be entered.
COUNT IV - REOUEST FOR AUMONY/ALlMONY PENDENTE LITE
.4.ND INTERIM AND FINAL COUNSEL FEES. COSTS AND EXPENSES
UNDEn f 37()1 AND ;"02 OF Tin: DOMESTIC RELATIONS CODE
19. Pamgraphs Ilhrough 18 of this Complailll arc incorporaled herein by reference as though
s~'1 forth in full,
20. Plaintilflacks b'lIllIcient property to provide for her reasonable needs and is Wlable 10 fully
support herself through appropriate employment.
21. Plaintlffrcquests the Coun CIIter all award of reasonable lemporary alimony in the event
the parties canllto resolve tJleir marital disputes so thaI Plaintiff may be on par with Defendallt ill
litigating her claims.
22, Plaintiff has elllJlloyed Kollas and Kennedy to represent her in this matrimonial cause.
23, Plaintiff is Wlable to pay all the expected cOWlsel fees, costs WId expenses In this action
and avers that DefendWlt is more able to pay these fees, costs 8IId expenses,
24. Plaintiff avers that she CWlnol be on par with Defendant in this litigation WIles this Court
orders DefClld8llt to pay Plaintiff's reasonable interim cOWlsel fees, costs and expenses,
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Il. Respondent s1ldll have secondary Ilhysical custody in the fonn of visitation on Ihe
(0110 wing schedule:
a) Every other weekend from Friday at 6:00 11.11I wltll SWlday at 6:00 p,nt;
b) every Wednesday evenDIS from 5:00 11,11I. wltllll:OO p.III, aud;
c) on holidays as detennined by later agreement oflhe parties or by order of
coun.
WHEREFORE, the Petitioner, Barbara L. Crebs, respectfully requests tbis Honorable
Coun to enter an Order granting shared legal custody to botb parties, primary physical custody to
Petitioner and Respondent secondary physical custody in tbe fonn of visitation on the days and
times specified herein, until further Order of Co un,
RESPECTFlJLL Y SUBMITTED:
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KENNEDY
William C, olios, Esquire
Suprellle Court l.D. II 06341
Mary Kollas Kennedy, Esquire
Supreme Court I,D, 1169246
1104 Femwood Avenue
Camp Hill, PA 17011
ATTORNEYS FOR PETITlONER
DATEO:7/,lq Ie
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personal belongings and assume custody of her daughler. Respondent would Illlt release the child
to her. The child remaills III the cuslody of the Re5Jlondenl.
6. November 10, 1996 Is the lost time Petitioner SlIW her daughter. Rebllondent
refuses to relinquish eventemporory custody to I)etltloner
7. 011 July I, 1996, Petitoner filed 0 previous Emergency Petition with this coUrt
which led to the entry of on order dated July 2, 1996. A true and correct copy of thaI order is
aU ached hereto Wid l1Iarked as Exhibit "A".
8. 01\ August 8, 1996, the pBl1ies Bttended B Custody Conciliation which led to the
entry of an Order doted August 14. 1996, A true and corrcct copy of that order is attached
hercto and morkcd os Exhibit "0",
9. A divorce complaint was filed simultancously with the fillug of the first Emergency
Petition on or about July I, 1996,
10. TIle pOl1ies attempted a rcconciliation which failed on or about November 'I, 1996,
11. Pelitioner has rented an apal1mcnt in Cumberland COUllty aud is proceeding with
the divorce.
12. Petilioner requests the following relicf:
0, Pelidoncr and Re5Jlondent shall havc shared Icgal custody ofmmor child,
b. Primary physical custody shall be granted to Petidoner,
c. Respondent shall have secondary physical custody in the form of visitation
on the following schedule:
I) Every other weckend from Friday at 6:00 p.rn UIItll SUllday, 6 p,m.;
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IN THE COURT OF COMMON PLEAS OF
ClJMBERLANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BARBARA L. CREBS,
Petitioner
DAVID M. CREBS,
Respondent
NO. 96-3617 CIVIL TERM
ORDER OF COURt
AND NOW, this 2 ",c!. day of July, 1996, upon consideration of
Plaintiff's Petition for Emergency Relief, and pending further
order of court, the parties shall have shareci legal custody of
their child, Courtney Marie Crebs, born July 14, 1993, and shall
have shared physical custody of the child on an alternating weekly
basis from Sunday at 7100 p.m. until Sunday at 7:00 p.m.
NEITHER party shall remove the child from Pennsylvania, nor
fail to disclose the child's location to the other at any time.
THIS temporary order may be varied by mutual agreement in
writing of the parties.
EITHER party may request a hearing to modify this temporary
order, but it is the Court's hope that the parties will instead
utilize the custody conciliation procese to reach a more permanent
resolution of their dispute.
BY THE COURT,
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J.
esley Oler,
William C. Kollas, Esq.
Mary Kallas Kennedy, Esq.
1104 Fernwood Avenue
Camp Bill, PA 17011
Attorneys for Petitioner
TRUE COpy FROM RECORD
I n Testimony whereof, I here unto set my hand
and the seal at said Coo at Carlisle, Pa.
rhis ~".A day 01 ,.19 'If,
EXHIBIT
ry
A
All.ITAfI.IHU"NATlOHAL
6, The Defendant'$ position on oustody Is al$ follows: Ssa attached Order,
7. Naed for l$aparete counsel to represent child: None requetlted.
8. Need for Independent psychologlcel eveluatlon or counseling: Neither
perty requested end the Concllletor does not believe eny Is necossery.
Date: 12 August 1996
/sr(Jkdl../Ld ! 4,L.#f'
Mlcheel L. Bangs
Custody Conclllstor
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