HomeMy WebLinkAbout96-06029
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CRYSTAL S. PIRTLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: tjfr. fr. () 2f ~ ;\'t:L
VS. : No.
:
DONALD W. SEARS, : CIVIL ACTION - AT LAW
Defendant : CUSTODY
ORDER
You, DONALD W. SEARS, Defendant in the above-captioned
custody action, have been sued in court to obtain custody of the
following child: Amber Ruth Soars.
5~ S. )5-II,.5/.,
tJ-rr-mbrr-
appear in person at
n"
1995,
You are ordered to
c"'-VY\P\'\',II
at 1)- ..r.M. for
~ Conciliation
or Mediation Conference.
day of
on the
a Pre-Trial Conference.
a Hearing before the Court.
If you fail to appear as provided by this Order, an Order
for custody may be entered against you, or the Court may issue a
warrant for your arrest.
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
CUMBERLAND COUNTY COURTHOUSB
ONE COURTHOUSB SQUARE
CARLISLE, PBNNSYLVANIA 17013
(717) 240-6200
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Dauphin County is requirsd by law to
comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
FOR THE COURT:
DATE: '(-l-C,(
CRYSTAL S. PIRTLE,
plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
: No . (Jt. - (., 0':; ') (1w.Jt:i...-
I
I CIVIL ACTION - AT LAW
: CUSTODY
vs.
DONALD W. SEARS,
Defendant
COMPLAINT FOR CUSTODY
The Plaintiff, CRYSTAL S. PIRTLE, through her attorneys,
The Law Offices of Patrick F. Lauer, Jr., files this Complaint
for Custody against the Defendant, DONALD W. SEARS, and in
support thereof, avers the following I
1. The plaintiff is CRYSTAL S. PIRTLE, an adult
individual and the natural Mother, who currently resides at 22-A
Forbes Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is DONALD W. SEARS, an adult individual
and the natural Father, who currently resides at West 15610
Highway 2, Number B-8, Medical Lake, Washington 99022.
3. The Plaintiff seeks custody, partial custody, and/or
visitation of the following child:
preeent Address
22-A Forbes Avenue
Carlisle, PA 17013
The child was not born out of wedlock.
&m
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(09/06/90)
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Amber Ruth Sears
4. The child is presently in the custody of CRYSTAL S.
PIRTLE, who currently resides at 22-A Forbes Avenue, Carlisle,
! Pennsylvania 17013.
5. During the put five years, the child resided with ths
following persons and at the following addresses I
liAJn!!
Crystal pirtle
Donald Sears
Address
pates
Huachuca City
Arizona
09/90-07/91
crystal pirtle
Donald Sears
Fort Huachuca
Arizona
07/91-11/91
Crystal pirtle
Ronald pirtle
Crystal pirtle
Sierra vista
Arizona
11/91-04/92
Clayton
1\rizona
04/92-07/92
crystal pirtle
Ronald pirtle
Crystal pirtle
Ronald Pirtle
Lauren pirtle
Karlsruhe
Germany
Karlsruhe
Germany
07/92-07/93
07/93-04/95
crystal pirtle
Ronald pirtle
Lauren pirtle
22-A Forbes Ave.
Carlisle, pennsylvania
04/95-01/96
Crystal pirtle
Ronald pirtle
Lauren Pirtle
Jonathon pirtle
22-A Forbes Ave.
Carlisle, Pennsylvania
01/96-present
6. The Mother of the child is CRYSTAL S. PIRTLE, who
\1 currently resides at 22-A Forbes Avenue, Carlisle, Cumberland
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County, Pennsylvania 17013, with the subject of this petition
and with her husband, RONALD PIRTLE, and their two children,
Lauren Pirtle and Jonathon pirtle.
SEARS, who
7.
The Father of the child is DONALD W.
currently resides alone, at West 15610 Highway 2, Number a-B,
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Medical Lake, Washington 99022 with his current wife, ANGELA
SEARS, and their child, Courtney Sears.
e. Ths Plaintiff has participated in other litigation
concerning the custody of the child in this or anothsr court.
Attached hereto as Exhibit "A" is a copy of the existing order
of court, docketed to number DR9l-10130, in the Superior Court
of the State of Arizona in and for the County of Conchise. Page
3, line 39, anticipates filing an action before thio court for
conciliation.
9. The Plaintiff has no information of a custody
proceeding concerning the child currently pending in any court
of this Commonwealth.
Ie. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the children or
claims to have physical custody or visitation rights with
respect to the children.
11. The best interests and permanent welfare of the child
will be served by granting the relief requested because:
a). The Plaintiff can provide the child with a
home with adequate moral, emotional, and physical
surroundings as required to meet the child's needs;
b). The Plaintiff is willing to continue custody
of the child;
c). The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the child.
12. Each parent whose parental rights to the child have
not been terminated and the person who has physical custody of
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the children have been named ae parties to this action. All
other persons, named below, who are known to have or claim -
right to custody or visitation of the children will be given
notice of the pendency of this action and the right to
intervene I
NONE.
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WHEREFORE, the plaintiff, CRYS~AL S. PIRTLE, respectfully
requests that this Honorable Court enter an Order granting
custody of the child to the Petitioner and natural Mother,
CRYSTAL S. PIRTLE, in accordance with any Stipulation of the
parties, or in the event the parties are unable to execute such
a Stipulation, to enter an Order granting custody, partial
custody, or visitation of the child to the Petitioner.
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ResP~cJf~~~ ~\lbmitted'
~~~~
Oatel \OIJh~
Matthew J. Eshelman, Esquire
Law Offices of, Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
lot 72655 Tel. (717) 763-1800
il
CRYSTAL S. PIRTLE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
DONALD W. SEARS,
Defendant
CIVIL ACTION - AT LAW
: CUSTODY
VERIFICATION
I, crystal S. pirtle, state that I am the plaintiff in the
above-captioned case and that the facts set forth in the above
complaint for custody are true and correct to the best of my
knowledge, information, and belief.
I realize that false
statements herein are subject to the penalties for unsworn
falsification to authorities under 18 Pat C.S. S 4940.
(l /Lu5tltr,~ "_$' Pi ;l.-Jit
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Date: /(f (JrT. /{/{}rc
2 Mark J. McGowan
77 Calle Portal, suite 8260
4 Sierra Vista, Arizona 85635
Telephone No. (602) 458-1555
6 state Bar No. 010076
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF COCHISE
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DECREE OF DISSOLUTION
OF MARRIAGE
CRYSTAL SUE SEARS,
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No. DR91-01030
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Petitioner,
vs.
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DONALD WAYNE SEARS,
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Respondent.
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30 This proceeding in Dissolution of Marriage having come on
32 for hearing by the Court sitting without a jury, and the Court
34 having found that the Petitioner was domiciled in the State of
36 At'izona for-more than ninety (90) days prior to the time this
38 proceeding was commenced: that the conciliation provisions of
40 A.R.S. Section 2j-381.09 do not apply: that the marriage is
42 irretrievably broken with no reasonable prospect for reconciliation
44 between the parties: and, to the extent it has jurisdiction to do
46 so, the Court has considered, approved and made provision for the
48 disposition of property owned by the parties and payment of their
50 obligations:
52 IT IS THEREFORE ORDERED, ADJUDGED MID DECREED as follows:
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1. That the marriage heretofore existing between the
Petitioner and the Respondent is hereby dissolved and the parties
hereto are restorsd to tho status of single and unmarried persons.
2. That the care, custody and control of the minor issue
of the parties, not emancipated, namely: AMBER RUTH SEARS,
d/o/b 9/20/90, is granted unto the petitioner and said minor
issue shall permanently reside with such party. The Petitioner
shall be permitted to relocate to the State of Washington with the
minor child during 1992, and the Respondent shall have reasonable
visitation rights with the child after her relocation including
every other week-end with pick-up time to be between 5:00 and 6:00
p.m. on Friday ahd drop-off time to be between 5:00 and 6:00 p.m.
on sunday. In addition thereto, the Respondent shall be entitled
to eight (8) consecutive weeks of visitation with the minor child
while she resides in the State of Washington. During this extended
period of visitation, the Petitioner shall be entitled to visit with
the child every other week-end with similar piCk-Up and drop-off
times as afforded to the Respondent herein.
The Petitioner shall also be permitted to relocate to
Germany with the minor child later in 1992, and, after that
relocation, the Respondent shall be entitled to have extended summer
visitation with the child for eight (O) consecutive weeks, provided
that thirty days' prior notice thereof is given to the Petitioner.
During the exercise of any such visitation by the Respondent, the
Petitioner shall be entitled to periods of visitation with ,the minor
child every other week-end with pick-Up time to be between 5:00 p.m.
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and 6:00 p.m. on Friday and drop off time to be between 5:00 p.m.
and 6:00 p.m. on Sunday. In addition thereto, the Respondent shall
be entitled to visitation with the minor child during alternate
christmas vacations for a period of three (3) weeks commencing in
1992. After the minor child reaches school age, any periods of
Christmas visitation with her shall be determined by her school
vacation schedule.
All costs incurred as a result of any christmas visitation
exercised by the Respondent with the minor child after her
relocation to Germany ehall be solely borne by him. While the minor
child resides in Germany, the Petitioner shall be solely responsible
for providing, and paying for, adequate adult supervision for the
child on any flights before and after the exercise of summer
visitation by the Respondent. During this period of time, the cost
of transporting the minor child to and from Germany for such summer
visits with the Respondent shall be split equally between the
parties.
Upon the Petitioner's permanent return to the United states,
the parties shall then r~arrange the Respondent's visitation
schedule at their mutual convenience. If the parties fail to reach
an agreement on any needed revision of the Respondent's visitation
schedule, they shall submit any dispute concerning his visitation
affecting the child's health, welfare, education and upbringing in
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cooperative and equitable faehion. Moreover, each party shall be
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entitled to receive complete and full information regarding the
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child's legal, medical, dental and educational records, her school
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events, and other documents concerning any issues materially
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affecting her welfare and upbringing in the future.
That the Respondent is ordered to pay to the Petitioner
the support of said minor issue, the sum of $180.00 per
not later than the last day of each month commencing in
and continuing until the minor issue's eighteenth
legal emancipation, or until the minor iSBue no longer
reBideB with the Petitioner, whichever event occurB firBt. He Bhall
alBo be obligated to pay to the petitioner the amount of $90.00, aB
and for child Bupport, due no later than April 30, 1992. During
the ReBpondent I B exerciBe of any extended periodB of viBitation with
the minor child, hiB child Bupport obligation Bhall be reduced by
one-half of the Btated monthly amount on a pro-rata baBiB.
In the event that the mi.nor child of the marriage reaches
the age of eighteen (18) yearB w~ile she iB Btill attending high
Bchool and living with the Petitioner, the ReBpondent Bhall pay
Bupport for the benefit of the child during the time Bhe iB Btill
enrolled in high Bchool aB a full-time Btudent.
The Respondent Bhall be entitled to declare the minor child
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aB a dependent for income tax purpoBeB in alternate tax yearB
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commencing in 1993.
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5. That, for as long aB Bhe iB able, the Petitioner iB
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hereby ordered to provide the minor child with medical and dental
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insurance covBrage, as well as other necessary benefits for her
welfare. In the event that the Petitioner is not able to furnish
these benefits for the child in the future, then the Respondent
shall be required to provide them either through his employer or
personally. Any medical and dental expenses incurred on behalf of
the child, that are not covered by health insurance, shall be split
equally between the parties.
6. That, except as otherwise provided herein, each of the
parties hereto is granted, as his or her sole and separate property,
that property currently in the name and/or possession of that party.
7. That each of the parties is further awarded his or her
respective clothing and personal effects.
8. That each of the parties shall be responsible for
payment of his or her respective debts incurred after the date of
their separation ( i.e., September 15, 1991). Except as otherwise
provided herein, the Respondent shall be obligated to pay any
remaining community debts owed by the parties, including the Sears
account, and hold the Petitioner harmless therefrom.
9. That, except as otherwise provided herein, each of the
parties shall retain exclusive ownership and possession of any and
all property acquired by that party after the data of their
separation.
10. That neither party shall be obligated to pay any
spousal maintenance to the other party.
11. That, in consideration for the division of community
property outlined above, each party further renounces and waives any
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right, inter..t or entitlement that he or she may have to any
s.curities, IRAs, insurance pOlicies, bank accounts, retirement
benefits and pension plans, accrued or not, and any other
investments or income of any kind owned by the other party not
otherwise mentioned herein.
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12. That the parties shall be separately reaponsible for
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payment of their attorney's fees and costs in
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DO~E IN OPEN COURT t ~ day of
, 1992.
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SUPERIOR
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APPROVED AS TO FORM:
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C LES A. IRWIN
Attorney for Respondent
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CRYSTAL S, PIRTLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYI.V ANIA
vs.
NO, 96-6029 CIVIL TERM
DONALD W. SEARS,
Defendant
CUSTODY
ORDER
AND NOW, this 2,' day of \ C,ULul_
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of the Conciliator's Report, it appearing that the parties have agreed to the terms
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, 1 99W, upon receipt
and provisions of this Order which was dictated in the presence of Plaintiff and her
counsel and approved by them, and in the presence of Defendant's counsel who
had the authority to act on his behalf and approve this Order, it is hereby ordered
and directed as follows:
1. All prior Orders in this case are vacated.
2, The parties shall share legal custody of their minor child,
Amber Ruth Sears, d.o.b. September 20, 1990.
3. Mother shall have primary physical custody of their minor
child subject to partial custody and visitation with Father as follows:
A. For the spring of 1997 beginning on or about March
27,1997, through April 5,1997, Father will have visitation
with the child, Since the Father has not had any contact with
the child for an extended period. the visitation shall at first be
supervised by Mother, The supervision should occur for the
first two visits, and thereafter Father shell have unsupervised
time with the child which will include, at a minimum, two
overnights alone with the child, Mother shall have the right to
inspect the living accommodations where the child wll/ be
during the periods of time with the Father, Further, Mother
shall be responsible to transfer the child to a neutral location In
the State of Washington in order to accomplish this visitation
time,
4. Beginning with the summer of 1997 and all summers
thereafter, Father shall have the child from the day after the last day
of school until three weeks prior to the beginning of the school year in
the fall. The parties shall evenly share the cost of the transportation
to effectuate this period of partial custody with father.
5. For Christmas of 1997 and for all odd-numbered years
thereaftar, Father shall have the child from the end of school until
January 1 st. The parties shall evenly share the cost of the
transportation to effactuate this period of partial custody with the
Father,
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6, For Christmas In 1998 and all even-numbered years
thereafter, Father will ba entitled to have the child from December
26th and will return the child no later then January 1 st, provided that
Father Incurs the total costs for the transportation to effectuate these
periods of partial custody with the child, Father must notify Mother of
his Intentions to have the child during these periods no latar than
November 1 st of each year that he Intends to exercise this period of
partial custody.
7, Both parties egree that they will provide each other with
their current addresses and in the event that they intend to move from
their current addresses, they will provide each other with those
addresses as soon as they are aware of their new addresses.
8, If Mother is within a 200 mile radius of Father's home, then
Mother must notify Father that she is there with the child so that
Father can have contact and visitation with the child.
9. Neither party may remove the child from the Continental
United States unless a prior modification of this Order is effectuated.
10. Father shall be entitled to a minimum of one phone call per
week with the minor child which shall occur on Sunday at 7:00 p,m.
Eastern Time. When the child is in Father's custody, Mother shall be
CRYSTAL S. PIRTLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 96-6029 CIVIL TERM
DONALD W, SEARS,
Dafendant
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None,
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 informetion concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTH DATE
CURRENTLY IN
CUSTODY OF
Amber Ruth Sears
September 20, 1990
Plaintiff
2. A Conciliation Conference was held on December 5, 1996, and the
following individuals were present: the Plaintiff and his attorney, Matthew J.
Eshelman, Esquire, The Plaintiff is now represented by William C, Vohs, Esquire.
The Defendan~ did not appear but was represented by counSEll, Jan Terpenine,
Esquire,
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CRYSTAL S, PIRTLE.
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs,
96-6029 CIVIL TERM
DONALD W, SEARS,
DcfendWltlPetitioner
CUSTODY
ORDER
AND NOW. this 19th dny of August, 1997. upon the petition of the fnther. Donald W.
Scnrs, nnd upon reprcsentntion thnt Amber Ruth Senrs, born September 6, 1990, the child of
petitioner nnd respondent. Crystnl S. Pirtle, hns bccn living in thc statc of Wnshington since
nbout Junc 8, 1997;
And thnt pctitioner now resides nt West 15610 Highwny 2. A-II, Medicnl Lnke, Spokane
County, Wnshington;
And thnt respondent now rcsides nt4583 Furzee Rond. Clnyton, Stevens County,
Wnshington;
And thnt rcspondent nnd her current husbnnd who is on active duty with the U. S, Army
intends to movc to his ncw duty stntion in JnpWl on Friday, August 22, 1997;
And thnt thcrc is a current order of this court entered on January 25. 1997, a copy of
which is nllnched ns Exhibit A, which order was cntcred nt n timc when both parents
ncknowlcdgcd tlmtthis court hnd jurisdiction, and it provides in puragrnph 9 that "Neither pnrty
may remove thc child from the Continenlnl Unitcd Stntcs unlcss a prior moditication of this
O.'dcr is ellcctuated;"
NOW IT IS ORDERED that upon either parent instituting a custody action in the slate of
Washington, this court. upon the entry of an ordcr in snid slute. rclinquishcs jurisdiction,
Pending thc entry of such an order in the stntc of Wnshington. the restriction in pnrngrnph 9 of
this court's order of Jnnuary 25, 1997. prohibiting either purty from removing Amber from the
Continentul United Stutes shnll remuin in full forcc und cffect..
Jonn Cnrey, Esqllire
For the Petitioner
Chnrles W. Vohs, Esquire
For the Respondent
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FII.ED-CFF1CE
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supervised by Mother. The supervision should occur for the
first two visits, end thereafter Father shall have unsupervised
time with the child which wlillnr.lude. at a minimum, two
ovarnlghts alone with the child. Mother shall have the right to
Inspect the living accommodations where the child will be
during the periods of time with the Father. Further, Mother
shall be responsible to transfer the child to a neutral location in
the State of Washington In order to accomplish this visitation
time.
4. Beginning with the summer of 1997 and all summers
thereafter, Father shall have the child from the day after the last day
of school until three weeks prior to the beginning of the school year In
the fail. The parties shall evenly share the cost of the transportation
to effectuate this period of partlel custody with father.
6. For Christmas of 1997 and for all odd-numbered years
thereaftar, Father shall have the child from the end of school until
January 1 st. The pertles shell evenly share the cost of the
transportation to effectuate this period of pertlal custody with the
Father,
,
6. For Christmas In 1998 and all even-numbered years
thereafter, Father will be entitled to heve the child from December
26th and will return the child no later than January 1 st, provided that
Father Incurs the total costs for the transportation to effectuate these
periods of partial cuatody with the child. Father must notify Mother of
his Intentions to have the child during these periods no later than
November 1 st of each year that he intends to exercise this parlod of
partial custody.
7. Both partlea agree that they will provide each other with
their current addresses and In the event that they Intend to move from
their current addresses, they will provide each other with those
addresses as soon as they are awar~ of their new addreeses.
8. If Mother Is within a 200 mile radius of Father's home, then
Mother must notify Fathar that she Is there with the child so that
Father can have contact and visitation with the child.
9. Neither party may ramove the child from the Continental
United States unless a prior modification of this Order Is effectuated.
10. Father shall be entitled to a minimum of one phone call per
week with the minor child which shall occur on Sunday at 7:00 p.m,
Eastern Time. When the child Is In Father's custody, Mother shall be
entitled to a minimum of one phone call per week which shall occur on
Sunday at 7:00 p.m. Pacific Time.
BY THE COURT,
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,J.
William C. Vohs, Esquire
Jan Terpenine, Esquire
mlb
TRUE COpy FROM RECORD
In Test;mon'/ wh';reof, I hGrD unto 3ft my hand
and lhe seal of said Court at Carlisle, Po,
This ,,;J..'i,~... day Of,~...:......, 19'~M7_
.............,~.... . ..:.. ,...,^. ~~L.\,(
~......Y.,,". ..-
iff' Prothonotary
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CRYSTAL S. PIRTLE.
PlainlilTlRespondenl
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO. 96-6029 CIVIL TERM
DONALD W. SEARS.
Defendant/Petitioner CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW. this _ day of August. 1997, upon consideration of the attached Petition
for Special Relief. the following Order is entered regnrding custody of the parties' child. Amber
Ruth Sears:
Law enforcement agencies shall provide assistnnce in enforcing this Court's Order of
January 25, 1997. to prevent the respondent, Crystal S, Pirtle, from removing the child from the
continental United States pending modification of the Order.
The Courts in Pennsylvania and Washington shall communicate as to the more appropriate
forum in which to schedule a hearing regarding modification of custody,
By the Court,
Edgar B, Bayley. Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Petitioner
Chnrles W. Vohs
HANFT & VOIIS
Attorney for Respondent
CRYSTAL S, PIRTLE.
Plaintiff/Respondent
IN HIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO, 96-6029 CIVIL TERM
DONALD W, SEARS,
DefendantlPetitioner CUSTODY
PETITION FOR SPECIAL RELIEF
The Petitioner. Donald W, Sears, by and through his allorney, Jonn Carey of Legal
Services. Inc" represents the following:
1. The petitioner is Donald W. Sears. hereinafter referred to as the father, who
resides at West 15610 Hwy 2, No, A II. Medical Lake. Spokane County. Washington 99022,
2, The respondent is Crystal S. Pirtle. hereinafter referred to as the mother. is
temporarily residing with the mother's parents. Lloyd and Kathy Brauner, at their home at 4583
Furzee Road. Clayton. Stevens County. Washington 99110, with her husband, Sg!. (E5) Ronald
Pirtle. their two children, Lauren Pirtle and Jonathon Pirtle, and the parties' child who is at issue
in this proceeding. Amber Ruth Sears,
3. The parties are the parents of Amber Ruth Sears, 6 years old, born September 20.
1990.
4. On January 25, 1997, an Order was entered by Judge Edgar B, Bayley in the
above-captioned case aller a conciliation conference held on December 5, 1996, before Michael
L. Bangs (see allached Exhibit A, incorporated and mnde a part hereto), This Court's Order of
Janunry 25, 1997, vacated the previous custody provisions incorporated in the parties' Decree of
Dissolution of Marriage from the Superior Court of the State of Arizona, Cochise County,
(No. DR91.0 I 030), entered on April 13, 1992, by Judge James L, Riley (see attached Exhibit B,
incorporated and made a part hereto),
5, The mother has not petitioned to modifY this Court's Order of January 25. 1997,
as required in paragraph 9 of the Order which prohibits either party from removing the child from
the continental United States unless a prior modification is effectuated, The mother and her
immediate family, including the parties' child. Amber Ruth Sears, are scheduled to rleparl on a
flight from Spokane, Washington. on Friday, August 22, 1997, arriving in Okinawa, Japan, on
August 23. 1997, where Sg!. Pirtle will report for duty and the family will resic.ie for an
unspecified period of time,
6. The father seeks to modifY the this Court's Order of January 25. 1997. to grant
him custody for the following reasons:
a) The mother has been the primary caretaker of the child since her birth in
1990,
b) Shortly after parties' divorce in 1992, the mother married her second
husbnnd, Ronald Pirtle, active duty in the United Slates Army, and moved with
him to Karlsruhe. Germany, with the parties' daughter. Amber Ruth Sears, then
19-months old, From July 1992 through April 1995. while the child resided in
Germany with the mother, the father was unable to exercise any periods of custody
with the child as provided by the Decree of Dissolution of Marriage because the
mother refused to make the child available to him according to the terms of the
order and because the cost of trans-Atlantic transportation was beyond his means
financially and the mother refused to share in the cost of transportation,
c) When Sg\. Pirtle was reassigned to Carlisle Barracks in Carlisle,
Cumberland County, Pennsylvania, in April 1995. the mother and her family.
including the parties' child, Amber Ruth Sears, resided with her pnrents, Lloyd and
Kathy Brauner, in the Spokane, Washington, area for several weeks until reporting
for duty in Pennsylvania, During this time the mother, who had the father's
address and telephone number and that of his family members in the Spokane area,
made no attempt to contact the father, who lived a short distance away. or any of
his relatives, When the father's sister saw the maternal grandmother with the child
in a local store, she told the father who had his mother contact the mother of the
child to try to arrange a time for him to see the child, The mother was angry and
refused to allow the father to see the child on the basis that the family was leaving
for their new duty station within a few days,
d) When the father sent a certified leller to the mother in July, 1996,
requesting his summer visit with the child, she again denied him Court-ordered
access to the child,
e) In October 1996, the mother offered the father supervised visits with the
child if he travelled to her home in Pennsylvania and stnyed in a motel which he
could not afford to do financially, nor wns required of him according to the
Arizona Order.
f) The mother petitioned lor a conciliation conference through the
Cumberland County Court of Common Pleas in November 1996, a conference was
scheduled on December 5, 1996, and the current Order of Court was entered on
January 25, 1997,
g) The mother complied with the terms of the Order regarding reestablishing
the child's relationship with the father through their spring 1997. visit. and
transported the child to the father for the summer visit. When the child was
delivered to him a few days after the Court Ordered schedule. he asked the mother
if he could keep the child a few extra days at the end of his alloted time. until
August 10, 1997, and she agreed. Although the mother was not going to arrive in
Washington State until August 9, she arbitrarily decided that the father should
return the child to her parents on August 6. 1997. so that they could have time to
visit with the child even though the mother was arriving <1n August 9 and staying
with her family through August 22. 1997. and they would have unlimited access to
the child during that time, After the father contacted his attorney the mother
conceded that the child could stay with him until August 10, 1997. as she had
originally agreed, The mother has since denied the father access to the child with
the exception of limited telephone contact.
h) Because of the history delineated in pafagrnphs 7(a) through 7{h). lInd the
cost of intercontinental transportation, the father fenrs that he will not see his child
if the mother again lakes her out of the continental United States in particular, to
Japan,
7. The father requests that this Court trnnsfer jurisdiction of this nction to the State of
Washington where both parties and the child nre currently residing and have extended family
residing. specifically to be litigated in Spoknne County, and that this Court's Order of January 25.
1997, be modified as set out in the attached proposed Consent Agreement which would ensure
the father's regular and ongoing contact with the parties' child, and which holds the mother
accountable lor compliance with the terms of the Order within boundaries of the continental
United States, Alaska, Hawaii, U.S. Territories or international locations,
8. Counsel for respondent, Charles W. Vohs, has been informed of the filing of this
petition,
WHEREFORE. the petitioner requests thnt this Court order that law enforcement
agencies with appropriate jurisdiction provide assistance in enforcing the Order of January 25,
1997, to prevent the respondent from removing the child from the continental United States
pending modification of the Order. The petitioner requests that the Order be modified pursuant to
the terms of the above petition nnd any other relief which is just and proper including
communicating with the Court in the State of Washington to determine which Court should henr
the mntter.
Respectfully su mitted,
/
n Carey, Attorney fi Petitioner
LEGAL SERVICES, J,Nc.
8 Irvine Row
Cnrlisle, PA 17013
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CRYSTAL S, PIRTLE,
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
NO. 96-6029 CIVIL TERM
DONALD W. SEARS,
Defendant
CUSTODY
ORDER
'1
, 199.8, upon receipt
AND NOW, this ~S
day of
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of the Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this Order which was dictated in the presence of Plaintiff and her
counsel and approved by them, and In the presence of Defendant's counsel who
had tha authority to act on his behelf and epprove this Order, it is hereby ordered
and directed as follows:
1. All prior Orders in this cas.e ere vacated.
2. The parties shall share legal custody of their minor child,
Amber Ruth Sears, d,o,b. September 20, 1990.
3, Mother shall have prlmery physical custody of their minor
child subject to partlel custody and visitation with Father as follows:
A. For the spring of 1997 beginning on or ebout March
27, 1997, through April 5, 1997, Father will have visitation
with tha child. Since the Father has not had any contact with
the child for an extended period, the visitation shall at first be
EXIIIBIT A
supervised by Mother. The supervision should occur for the
first two visits. and thereafter Father shall have unsupervised
time with the child which will Include, at a minimum. two
overnights alone with the child. Mother shall have the right to
Inspect the living accommodations where the child will be
during the periods of time with the Father. Further. Mother
shall be responsible to transfer the child to a neutral location in
the Stete of Washington In order to accomplish this visitation
time.
4. Beginning with the summer of 1997 and all summers
thereafter. Father shall have the child from the day efter the last day
of school until three weeks prior to the beginning of the school yeer In
the fall. The parties shall evenly share the cost of the transportation
to effectuate this period of partial custody with father.
6. For Christmas of 1997 and for all odd-numbered years
thereafter, Father shail have the child from the end of school until
January 1st. The parties shall evenly share the cost of the
transportation to effectuate this period of partial custody with the
Fether.
"
6. For Christmas In 1998 and all evan.numbared years
thereafter, Fathar will ba entitled to heve the child from December
26th and will return the child no later than January 1 st, provldad that
Fathar Incurs the total costs for the transportation to effectuate these
periods of pertiel custody with the child. Fathar must notify Mother of
his Intentions to heve tha child during these periods no later then
November 1 st of each yeer that he Intends to exercise this period of
partial custody.
7. Both parties agree that they will provide each other with
their current addresses and In the event that they Intend to move from
their current addresses, they will provide eech other with those
addresses es soon as they are awar~ of their new addresses.
8. If Mother is within a 200 mile radius of Father's home, then
Mother must notify Father that she is there with the child so that
Father can have contact end vlsltetlon with the child.
9. Neither party may remove the child from the Continental
United States unless a prior modification of this Order is effectuated.
10. Father shall be entitled to a minimum of one phone call per
week with the minor child which shall occur on Sunday at 7:00 p.m.
Eastern Time. When the child Is in Father's custody, Mother shall be
entitled to a minimum of one phone call per week which shall occur on
Sunday et 7:00 p.m. Pacific Time.
BY THE COURT,
1.5 I &l..r :R. ~(/
William C. Vohs, Esquire
Jan Terpenlne, Esquire
mlb
TRUE COpy FROM RECORD
In Test;mony wh',reof, I hore unto set my hand
and the seal of said Court at Carlisle, Pa.
This ..~'1,4.,.. day Of,~. . 19 "'17
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2 Mark J. McGowan
77 Calle Portal, suite B260 ~!'
4 Sierra Vista, Arizona 85635
Telephone No. (602) 458-1555.
6 State Bar No. 010076
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF COCHISE
CRYSTAL SUE SEARS,
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DECREE OF DISSOLUTION
OF MARRIAGE
Petitioner,
No. DR91-01030
VB.
DONALD WAYNE SEARS,
Respondent.
28
30 This proceeding in Dissolution of Marriage having come on
32 for hearing by the Court sitting without a jury, and the Court
34 having found that the Petitioner was domiciled in the State of
36 Arizona for more than ninety (90) days prior to the time this
38 proceeding was commenced: that the conciliation provisions of
40 A.R.R. Section 25-381.09 de not apply: that the marriage is
42 irretrievably broken with no reasonable prospect for reconciliation
44 between the parties: and, to the extent it has jurisdiction to do
46 so, the Court has considered, approved and made provision for the
48 disposition of property owned by the parties and payment of their
50 obligations:
52 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
1
EXIIIDIT D
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1. That the marriage heretofore existing between the
Petitioner and the ReBpondent is hereby dissolved and the parties
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hereto are restored to the status of single and unmarried persons.
2. That the care, custody and control of the minor iBsue
of the partiee, not emancipated, namely: AMBER RUTH SEARS,
d/o/b 9/20/90, is granted unto the Petitioner and said minor
iBsue shall permanently reside with such party. The Petitioner
shall be permitted to relocate to the state of WashJ.ngtnn with the
minor child during 1992, and the Respondent shall have reasonable
visitation rights with the child after her relocation including
every other week-end with pick-up time to be between 5:00 and 6:00
p.m. on Friday and drop-off time to be between 5:00 and 6:00 p.m.
on Sunday. In addition thereto, the Respondent shall be entitled
to eight (8) consecutive weeks of visitation with the minor child
while she resides in the State of Washington. During this extended
period of visitation, the Petitioner shall be entitled to visit with
the child every other week-end with similar pick-up and drop-off
times as afforded to the Respondent herein.
The Petitioner shall also be permitted to relocate to
Germany with the minor child later in 1992, and, after that
relocation, the Respondent shall be entitled to have extended summer
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visitation with the child for eight (8) consecutive weeks, provided
that thirty days' prior notice thereof is given to the Petitioner.
During the exercise of any such visitation by the Respondent, the
Petitioner shall be entitled to periods of visitation with the minor
child every other week-end with pick-up time to be between 5: 00 p.m.
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and 6:00 p.m. on Friday and drop orf time to be between 5:00 p.m.
and 6:00 p.m. on Sunday. In addition thereto, the Respon~ent shall
32
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be entitled to viBitation with the minor child during alternate
Christmas vacations for a period of three (3) weeks commencing in
1992. After the minor child reaches school age, any periods or
Christmas visitation with her shall be determined by her school
vacation schedule.
All COStB incurred as a rasult or any Christmas visitation
exercised by the Respondent with the minor child after her
. relocation to Germany shall be solely borne by. him. While the Minor
child resides in Germany, the Petitioner shall be solely responsible
for providing, and paying for, adequate adult supervision for the
child on any flights before and after the exercise of summer
visitation by the Respondent. During this period of time, the cost
of transporting the minor child to and from Germany for. such summer
visits with the Respondent shall be split equally between the
parties.
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Upon the Petitioner's permanent return to the United states,
the parties shall then rearrange the Respondent's visitation
schedule at their mutual convenience. If the parties fail to reach
an agreement on any needed revision of the Respondent's visitation
schedule, they shall submit any dispute concerning his visitation
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rights to
a qualified me~i~t~r for
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That the parties shall
clarification and resolution.
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3.
share in the legal custody of
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their minor child. Both parties shall consult on major decisions
affecting the child's health, welfare, education and upbringing in
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cooperative and equitable fashion. Moreover, each party shall be
entitled to receive complete and full information regard~ng the
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child's legal, medical, dental and educational records, her school
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events, and other documents concerning any issues materially
affecting her welfare and upbringing in the future.
4. That the Respondent is ordered to pay to the Petitioner
aB and for the support of said minor issue, the sum of $180.00 per
month due not later than the last d:'\y of .ach month commoncing in
May, 1992 and continuing until the minor issue's eighteenth
birthday, legal emancipation, or until the minor issue no longer
resides with the Petitioner, whichever event occurs first. He shall
also be obligated to pay to the Petitioner the amount of $90.00, as
and for child support, due no later than April 30, 1992. During
the Respondent's exercise of any extended periods' of visitation with
the minor child, his child support obligation shall be reduced by
one-half of the stated monthly amount on a pro-rata basis.
In the event that the minor child of the marriage reaches
the age of eighteen (18) years while she is still attending high
school and living with the Petitioner, the Respondent shall pay
support for the benefit of the child during the time she is still
enrolled in high school as a full-time student.
The Respondent shall be entitled to declare the minor child
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as a dependent for income tax purposes in alternate tax years
commencing in 1993.
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s. That, for as long as she is able, the Petitioner is
hereby ordered to provide the minor child with medical and dental
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insurance coverage, as well as other necessary benefitB for her
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welfare. In the event that the Petitioner is not able ,to furnish
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these benefits for the child in the future, then the Respondent
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shall be required to provide them either through his employer or
personally. Any medical and dental expenses incurred on behalf of
the child, that are not covered by health insurance, shall be split
equally between the parties.
6. That, except as otherwiae provided herein, each ot the
parties hereto is granted, as his or her sole and separate property,
that property currently in the name and/or possession of that party.
7. That each of the parties is further awarded his or her
respective clothing and personal effects.
8. That each of the parties shall be responsible for
payment of his or her respective debts incurred after the date of
their separation ( i.e., September 15, 1991). Except as otherwise
provided herein, the Respondent shall be obligated to pay any
remaining community debts owed by the parties, including the Sears
account, and hold the Petitioner harmless therefrom.
9. That, except as otherwise provided herein, each of the
parties shall retain exclusive ownership and possession of any and
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all property acquired by that party after the date of their
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separation.
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10. That neither party shall be obligated to pay any
spousal maintenance to the other party.
11. That, in consideration for the division of community
property outlined above, each party further renounces and waives any
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CRYSTAL S. PIRTLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO 96-6029 CIVIL TERM
DONALD W. SEARS.
Defendant/Petitioner : CUSTODY
ACCEPTANCE OF SERVICE
I. William C, Vohs. accept service of the Order of Court and Petition for Special Relief
entered on August 19. 1997, in the above-captioned action, on behalf of the respondent, Crystal
S, Pirtle. and certifY that I am authorized to do 50.
vJJArP-
William C. Vohs. Allomey for Respondent
HANFf & vons
II West Pomfret Street, Suite 2
Carlisle, PA 17013
.V 249-5373
Date: '8(z..0(9"1
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