HomeMy WebLinkAbout97-01098
\
~
\~
-
.
,
:::l
i
I
~I
.
~'
~I
~\
,
I
The natural mother of the child is Sherry L. Harvey, who residcs as aforesaid, She
is married,
The natural father of the child is James Harvey, who resides as aforesaid. He is
married.
4. The rclationship of the Plaiotiff to the child is that of natural mother. The
Plaintiff currently residcs with the Dcfendant and thc child.
5. The relationship of the Defendant to the child is that of natural father. The
Defendant currently resides with the Plaintiff and thc child,
6. Contemporaneously with filing this Complaint for Custody, Plaintiff has filed a
Petition for Ne Exeat docketed to this same docket number in Cumberland County,
Pennsylvania.
7. The best interest and pcrmanent welfare of the child will be served by granting
the relief requested because:
(a) Plaintiff has been the primary caretaker and is better able to provide for
the emotic.,.al and physical needs of the mmor child;
(b) Placing custody with Plaintiff will provide continuity, stability, and
certainty to the child's life.
9, Plaintiff does not know of any person not a party to the proceedings who
claims to have custody or visitation rights with respect to the child,
10, Each person who has parental rights to the child have not beeo terminated aod
the person who has physical custody of the child have been named as parties to this actioo.
~-
'>- "-
cr: CI ..., >.l.. l,<;>
~..
.::-. ,,' ...:; "3-
.'
lUf ,:, (j ..) 0:
ll' lJ) - -:t
{r~ "
'- . ~
C.J ~ Ii
" r.-, I:C
(.-" ,..)
.-.. I ...)
, ~
f..... I c-; 'I
"
.' ~ .l-
I
I, ,.... ::.
(..) (J' 0
8. The child was born in wedlock.
9. The parties have agreed to a divorce and Plaintiff intends to tile a divorce
complaint at the earliest possible opportunity in Cumberland County.
10. Defendant has indicated that he will consent to and sign the necessary
d'ocuments for a divorce; however, indicates that he wishes to have custody of
the minor child, Alyssa Makayla Harvey,
11. James Harvey was a student at the Computer Learning Network since
December, 1996,
12, On or about Monday, March 3, 1997, James Harvey informed Sherry L.
Harvey that he is quitting the Computer Learning Network program on
Tuesday, March 4, 1997
13, Sherry L. Harvey has overheard James Harvey's side of telephone
conversations with Mr, Harvey's relatives,
14. James Harvey has informed his relatives that he intends to find an apartment
and a job in the Mississippi-Tennessee area,
15, James Harvey has informed Sherry L. Harvey that he intends to remove the
child from Carlisle to take the child on a "vacation" to his family's residence in
Sledge, Mississippi,
16, At the present time, Sherry L. Harvey believes that it is James Harvey's
intention \0 remove the child and not return the child to Pennsylvania
17, The minor child has resided in Carlisle. Cumberland County, Pennsylvania,
since August 17. 1995. therefore. Cumberland County Court of Common Pleas
has jurisdiction and venue over this matter.
>. l") ~:
(r; ':J
i0 l':J
UJ!, ~
LV
E~ ~,l ' '--
(:;'",
c,; ~'")
I
..J, ' (": j
lL . -.I.
I .. '
-~
" t'- :.:)
(~ r;:- (J
>- \II
IT; ..:J
~-: -'~
r-' -
UI_ , - .
0-, _ -';a
B' ':'i '.
'.
CJ
0', .'r!
,
r:!~ , -.
L'.J .~ . ;1~ll
_-I, C.;
u:: !:l. ':U-
j': "'" '3
"- r-
0 ~ U
SHERRY L. HARVEY.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Defendant
CIVlL ACTION - LAW
Q7-/09P
NO. 97-168 CIVIL TERM
IN CUSTODY
vs.
JAMES HARVEY.
NE EXEAT AGREEMENT
.0
-oJ
: ~ '..
-
~;~'. : .~J
',1
. !
( <::.1
..'
n
"
1
,'1
,.
"
. .-,
; (1,
, -
"J
)-::
~wl")
. ~rn
u
.-t
,-
"J
:<.
IT IS HEREBY AGREED by and between the parties to this action that:
r
I. Sherry L. Harvey is the natural mother of the minor child. Alyssa ~kayla ~:~
Harvey, born January 20. 1995,
- .
...)
2. James Harvey is the natural father of the said minor child.
3. A conciliation conference is scheduled for May 2. 1997. at 9:00 a.m. before
Hubert X. Gilroy. Esquire.
4. On or about March 5. 1997, an Order of Court was entered that ordered and
decreed that Plaintiff. Sherry L. Harvey. shall have primary physical custody of the minor
child with partial custody to the Defendant. James Harvey. at mutually agreeable times.
5. A hearing is currently scheduled for March 31. 1997. at 10:00 a.m. in
Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, Cumberland
County. Pennsylvania. at which time James Harvey is to show cause why he should be
allowed to remove the minor child from Carlisle, Cumberland County. Pennsylvania.
6. The parties agree that neither party shall remove the child from the State of
Pennsylvania without the permission of the other party, Theretbre. the hearing scheduled
for March 3 1. 1997. is not necessarv
7. The parties agree that the minor child. Alyssa Mikayla Harvey. shall move with
the Plaintiff. Sherry L. Harvey, 10 the Plaintiff's new residence on base in Carlisle.
8. Said Agreement will not prejudice Defendant. James Harvey' s. right to seek
primary physical custody of the minor child and to present his case therefore at the May 2.
1997, conciliation conference.
9. Plaintiff and Defendant shall keep each other informed of their respective
current addresses and telephone numbers
10. In the event that a period of custody must be canceled because of an
emergency or other good cause, the canceling party shall notifY the other as far in advance
of the scheduled period of custody as possible and offer to arrange a substitute period of
temporary custody.
11. To the maximum possible extent. the parties will deal directly with each other
on matters concerning said child rather than communicating through their attorneys or
third parties.
12. Plaintiff and Defendant will each take all reasonable measures to ensure the
child develops a positive and loving relationship toward the other parent during this period
between March 1997 and May 2. 1997.
13. Both parties have entered into this Agreement with the advice of separate
legal counselor have had the opportunity to consult with separate legal counsel and has
expressly waived review by separate counsel.
14. It is the desire and intent of the parties that the terms of this Agreement be
adopted by the Court and incorporated by reference in an appropriate Order, thus making
these terms enforceable by contempt proceedings.
%A:
. / J! /Ij;/a /
/
~arv~~-
~/ ~
mesHarvey ~
COMMONWEAL OF NNSYL V A1"1IA :
COUNTY OF (;.t1'116l'I'/cUlti SS
On this the tJfj, day of /l;/ri/ , 1997, betbre me, the undersigned officer,
personally appeared Sherry L. Harvey, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.Ww;)/ /J!d6AI
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ~mb't!l/n,...Z
SS,
NOla(iaJ Soal ]
Leah A. Millar. Notary PublIC
Carllsla Bora. Cumberland Coun
My Commission Expires Apn117. 2~~
On this the .;ll/~ay of I1')Wt c-J..- . 1997. betbre me. the undersigned officer.
personally appeared James Harvey, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
~y~
NOlarlal Seal
Manha L. Noel. Notary Public
Carlisle Bora. Cumberland County
My CommiSSIOn Expires Sept. 18. 1999
. em"", -nnsy vani1 sOCtallon 0 01
"1
SHERRY L. HARVEY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
JOHN HARVEY,
Defendant
:NO: 97-1098 CIVIL TERM
:IN CUSTODY
COURT ORDER
AND NOW, this 12.~ day of May, 1997, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Sherry L. Harvey, and the Father, James Harvey,
shall enjoy shared legal custody of Alyssa Makayla Harvey,
born January 20, 1995.
2. The parties shall each enjoy shared physical custody with the
minor child under an arrangement where the child shall be with
the Mother for six months and with the Father for six months
during the year. Custody of the child shall be delivered to
the Mother on or about September 1 of each year with custody
delivered back to the Father on or about March 1 of each year.
3. The parties shall make arrangements for the non-custodial
parent to have an opportunity to visit with the minor child on
the Christmas and Easter holidays, subject to a schedule as
arranged between the parties.
4. The non-custodial parent shall also enjoy the opportunity to
visit the minor child during the time the other parent has
custody as long as reasonable notice is given and arrangements
are made for that type of visit.
5. The non-custodial parent shall always enjoy reasonable
telephone contact with the minor child when the child is in
the custody of the other parent.
6. The parties may modify this schedule as they may agree to
provide additional periods of temporary custody with the other
parent.
7. The parties shall share transportation with the parties to
work out the details with respect to handling transportation
for exchange of custody. If the parties are unable to agree,
the non-custodial parent shall either pick the child up or
arrange for transportation for the child to come into custody
of the non-custodial parent.
SHERRY L. HARVEY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
.
.
:CIVIL ACTION - LAW
:NO: 97-1098 CIVIL TERM
:IN CUSTODY
JOHN HARVEY,
Defendant
CONCILIATION coNFEREl!CE sUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the child who is the
subject of this litigation is as follows:
Alyssa Makayla Harvey, born January 20, 1995.
2. A conciliation Conference was held on May 2, 1997, with the
following individuals in attendance:
The Mother, Sherry L. Harvey, with her counsel, Anne M.
Shepard, Esquire, and the Father, James Harvey, with his
counsel, Rebecca R. Hughes, Esquire.
3. The parties agreed to the entry of an Order in the form as
attached.
{k[1 CO