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HomeMy WebLinkAbout07-09109 STEPHANIE M. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - (?IC) CIVIL TERM BILLY J. HURLEY, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Stephanie M. Hurley, an adult individual who currently resides at 416 Shippensburg Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Billy J. Hurley, an adult individual who currently resides at 416 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child, namely, Briana C. Hurley, born December 28, 2001. The child was born in wedlock. The child is presently in the custody of Plaintiff at 416 Shippensburg Road, Newville, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Stephanie M. Hurley Michael R. Noel, Jr. Debbie K. Noel Residences 416 Shippensburg Road Newville, PA 17241 Dates November, 2006 to Present Stephanie M. Hurley Billy J. Hurley Stephanie M. Hurley Billy J. Hurley 102 Country View Estates Newville, PA 17241 43 Country View Estates Newville, PA 17241 March, 2006 to November, 2006 Birth to March, 2006 i The natural father of the child is Billy J. Hurley, currently residing at 416 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Stephanie M. Hurley, currently residing at 416 Shippensburg Road, Newville, Cumberland County, Pennsylvania. She is married to the Defendant. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Briana C. Hurley Daughter Michael R. Noel, Jr. Father Debbie K. Noel Mother 5. The relationship of the Defendant to the chil d is that of natural father. The defendant currently resides with the following persons: Names Relationship Willis Hurley, III Father Linda M.R. Hurley Step Mother J. Luke Hurley Brother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other 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 any other state. 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 mother has been the primary physical custodian of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child and give Defendant partial custody at such times as is convenient for the Defendant and the parties. DATE: Respectfully submitted, O'BRIEN, BARIC & SCHERER yl;xle 0 V Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/hurley/custody.comp VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. I? Stephanie M. Hurley DATE: A/gI4 V V ?l r-a r? cx? cn N q 5M r? STEPHANIE M. HURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BILLY J. HURLEY DEFENDANT 07-910 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 22, 2007 at 9:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. I Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6Z :C 1,11d OZ UJ LOOZ STEPHANIE M. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-910 CIVIL TERM BILLY J. HURLEY, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this lb})^ day of 1 , 2007, by and between Stephanie M. Hurley (hereinafter ?o, r referred to "Mother") and Billy J. Hurley (hereinafter referred to as "Father"); The parties are the natural parents of Briana C. Hurley, born December 28, 2001, (hereinafter referred to as "child"); and, WHEREAS, the natural parents are separated and living in separate residences; and, WHEREAS, the parties believe it to be in the best interest of the child that the parties share legal custody of the child at this time; and, WHEREAS, Mother shall have primary physical custody of the child and Father shall have partial physical custody of the child at such times as the parties agree. WHEREAS, the parties wish enter into this Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of the child, Briana C. Hurley, born December 28, 2001, (hereinafter referred to as "child"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shhall ietiiy tl other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the child; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child one time per week under circumstances which are comfortable for the child depending upon the parties' living arrangements and other relevant circumstances. 4. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. 5. Neither party shall remove the child from the Commonwealth of Pennsylvania without the consent of the other party. 6. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common, Reas of Curnberiand County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 8. The parties acknowledge that they have read and understand the provisions of this Agreement. WITNESS: Date: Ii 2007 '2007 f r-- , . V T Stephanie M. Hurley .t Bi ly J. Hurley mas.dir/domestic/hurley/custody.stip ra CAA r .=., '.i 1 APR 842007 4"y STEPHANIE M. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-910 CIVIL TERM BILLY J. HURLEY, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AA- Av) AND NOW, this the day of , 2007, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the child, Briana C. Hurley, born December 28, 2001, (hereinafter referred to as "child"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the child; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child one time per week under circumstances which are comfortable for the child depending upon the parties' living arrangements and other relevant circumstances. 4. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. 5. Neither party shall remove the child from the Commonwealth of Pennsylvania without the consent of the other party. BY J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Billy J. Hurley 416 Mt. Rock Road Newville, Pennsylvania 17241 !`. 3-h` r i? 1 ? ;?? ??1? ?? ??? ???? ,.;.,? ?.; ;???w?-? NOV 0 5 2007 STEPHANIE M. HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-910 CIVIL ACTION - LAW BILLY J. HURLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2°d day of November, 2007, this matter having been continued for more than 90 days and the parties have not contacted the Conciliator for a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, V. cqu ine M. Verney, Esquire, Cust y Conciliator ?? _ .t ? `?? -?? ? • t? -:1 STEPHANIE M. HURLEY, Plaintiff vs. 13ILLY J. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-0910 CIVIL TERM CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of October, 2007, by and between Stephanie M. Hurley, (hereinafter referred to as "Mother") and Billy J. I-Turley, (hereinafter referred to as "Father"); The parties are the natural parent of Briana C. Hurley, born December 28, 2001, (hereinafter referred to as "child"); WHEREAS, the natural parents are separated and living in different residences; and WHEREAS, the parties believe it to be in the best interest of the child that the parties share legal custody of the child at this time; and, WHEREAS, Mother shall have primary custody of the child and Father shall have partial custody of the child at such times as the parties agree. WHEREAS, the parties wish to enter into this Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: I . The parties shall share legal custody of the child, Briana C. Hurley, born December 28, 2001, (hereinafter referred to as "child"). Shared legal custody means the right of both parties to control and to share in making decisions of importance in the life of their child. Each party should have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the child's general well being, including, but not limited to, all decisions regarding their health, education and religion. Each party shall notify the other party of any medical, dental, optical, counseling, or other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to terms of 23 Pa. C.S.A. §5309, each party shall be entitled to equal access to all medical records and information pertaining to the child; including and not limited to, the child's school, medical, dental, religious, and other important records and the residence address of the other party. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child one time per week under circumstances which are comfortable for the child depending on the parties' living arrangements and other relevant circumstances. 4. If Mother is incapacitated, deceased, or in any other way unable to exercise primary physical custody of the child, the parties agree to the following: ¦. A. Maternal grandparents, Michael R. Noel and Debbie K. Noel, shall exercise primary physical custody of the child. B. Father shall exercise partial physical custody of the child in the same manner as set forth above in paragraph three (3). C. The parties, maternal grandparents and Father, shall share legal custody of the child as defined in paragraph one (1). D. The parties, maternal grandparents and Father, agree that if the child expresses a desire to change the custody arrangement, her desires will be heard and discussed by all parties, and the child's wishes and desires will be given strong consideration as the parties decide what is in the child's best interest. E. The parties, maternal grandparents and Father, agree to incorporate paragraphs five (5) through ten (10), as part of their agreement such that all would be applicable provisions, along with paragraph four (4) and all its subsections, should paragraph four (4) and all its subsections ever be effective. 5. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. 6. Neither party shall remove the child from the Commonwealth of Pennsylvania without the consent of the other party. •? v 7. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and affection for the other party. 8. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. 10. All prior Orders entered in this matter are hereby vacated. WITNESS: Date: AjO V I7 , 2008 Date: & ? 3 2008 Date: 2008 l tephanie M. Hurley i y J. Hurley Michael R. el Zl'e?j,o, ?dv. I Debbie K. Noel Date: / , 2008 6• '.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this M day of I?PlAeMb? , 2008, before me, the undersigned officer, personally appeared STEPHANIE M. HURLEY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I "'I ? '?. ? /1), Notary Public - Mw COMMONWEALTH OF PENNSYLVAAMI? NOTARIAL SEAL DEBORAH WARREN, Notary Public S sburs Twp., Cumberled County My Commission Expires Nov. 8, 2009 COMMONWEALTH OF PENNSYLVANIA rrAo, k1 i A) COUNTY OF On this 3 day of 0 veil ? e-? , 2008, before me, the undersigned officer, personally appeared BILLY J. HURLEY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. agin? 0/i-c- Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CLARE R. ELDER, Notary Public Boro of Chambersburs, Franklin County My Commission Expires Jan. 9, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this / q day of /7 oemAff , 2008, before me, the undersigned officer, personally appeared MICHAEL R. NOEL, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVAAIM FINAL SEAL EE13ORAH WARREN, Notary Public ShWensburg Twp., Cumberland Coi 0 . My Commission Expires Nov. 8, 200 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this /9 day of /'10upmh'21" , 2008, before me, the undersigned officer, personally appeared DEBBIE K. NOEL, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANM 140TARIAL SEAL DOORAH WARREN, Notary Public r-,, 6Ubberland Co gh?nN! n 1fte Nev. 8 2 %J L . . ) /' 11 A -A ?A Notary Public C3 r?-a +-? C ? ??y ! ? ? i'V .?? f. `..-1 ? ? ? ?? =. ?-- ..._. ---3 ?? ?? r w I 14oV 2 20086-P D 1ANIF, M. HURLEY, Plaintiff vs. BILLY J. IIURLF.,Y, Defendant IN THE COURT OF COMMON PLEAS 01, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-0910 CIVIL TERM CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this04?day of 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. cc: I lannah Ilerman-Snyder, Esquire Attorney for Plaintiff Billy J. Hurley Pro Se BY THE COURT,, \' ?r? '' ., uz