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Home My WebLink About97-01595 I 1 ~ I 1 I 1 I ~ ..... ~ , ! 1 ! i I I 1 I I 1 I , I ; ! ~ .~ ): , \" "", \ , 1 I , , , // / ! I I j ! I ( r , .... I \~ I I - I . . -;) '- CJ '.I) I ~) t' . c;:r. ! , a ~ .. vll.cuBldomllUclCLN MARY KAY VIA, Plaintiff v. : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CJ 1- IrQ., e~ --U--. JEFFREY W. VIA, Defendant : CIVIL ACTION - LAW : CUSTODY PETITION FOR CUSTODY AND NOW, comes Plaintiff, Mary Kay Via, and by her attorneys, Nicholas & Foreman, respectfully represents as follows: 1. Plaintiff, Mary Kay Via, Is an adult Individual sui luIis. residing at 6612 Carlisle Pike, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Jeffrey W. Via, Is an adult Individual sui luIis. residing at 26 North 8th Street, Lemoyne, Cumberland County, Pennsylvania 17055. 3. Plaintiff, Defendant and both of their children have been bonafide residents of this Commonwealth for at least six (6) months Immediately previous to the filing of this Complaint. 4. Plaintiff requests an award of joint legal custody and primary physical custody of the minor children, Joshua G. Via, born May 26, 1987, and currently nine (9) years of age; and Zachary W. Via, born April 13, 1993, and currently 3 years of age, the minor children of the parties In the instant action. 5. The children are presently In the physical custody of the Plaintiff. 6. The mother of the children is Mary Kay Via, Plaintiff In the instant action. 7. The father of the children is Jeffrey W. Via, Defendant in the instant action. 8. The relationship of Plaintiff to the children is mother. 9. The minor child, Joshua G, Via, has resided at the following addresses with the following persons: a. From his birth on May 26, 1987, to February, 1991, said minor child resided at 398 Kings Highway - #58, Marysville, Pennsylvania 17053, with Plaintiff and Defendant; b. From F&bruary, 1991, to February 28, 1997, said minor child resided at 200 Peace Lane, Harrisburg, Pennsylvania 17112, with Plaintiff and Defendant. In April of 1993 said minor child's brother, Zachary W. Via, was born and also resided with him; and c. From February 28,1997, through the present, said minor child has resided at 6612 Carlisle Pike, Mechanlcsburg, Cumberland County, Pennsylvania with Plaintiff; his brother, Zachary W, Via; his maternal grandmother, Jean Motter; his maternal uncles, Mark Motter and Andrew Motter; and his maternal cousin, Michael Buckhart. 10. The minor child, Zachary W. Via, has resided at the following addresses with the following persons: a. From his birth on April 13, 1993, to February 28, 1997, said minor child resided at 200 Peace Lane, Harrisburg, Pennsylvania 17112, with Plaintiff, Defendant and his brother, Joshua G. Via; and c. From February 28, 1997, through the present, said minor child has resided at 6612 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff; his brother, Joshua G. Via; his maternal grandmother, Jean Motter; his maternal uncles, Mark Motter and Andrew Motter; and his maternal cousin, Michael Buckhart. 11. Plaintiff has not participated as a party in any prior Iit;gatlon concerning the custody of the said minor children in this Court or in any other Court and, to the best of her knowledge, there has never been any prior custody litigation. 12. No person(s) not a party to this transaction are known to the Plaintiff to have had physical custody or claims to custody or visitation with regard to the said minor children. r I' 13. The best interest and permanent welfare of the said children will be served by granting joint legal custody to Plaintiff and Defendant and primary physical custody in Plaintiff, with liberal periods of visitation in Defendant, as agreed to between the parties, because of numerous benefits to the children which would result from this ongoing stable relationship and the care and love that would be provided to them. 14. 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. , . . , ! i WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting joint legal custody in Plaintiff and Defendant with full physical custody of the minor children, Joshua G. Via and Zachary W. Via, granted to Plaintiff, subject to liberal periods of temporary physical custody in the Defendant, as agreed to between the parties. Respectfully submitted, By: Bruce . Foreman, Esquire Atty.ID#21193 3207 North Front Street Harrisburg, PA 17110-1311 (717)236-9391 Attorneys for Plaintiff MARY KAY VIA, Plaintiff : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. v. JEFFREY W. VIA, Defendant : CIVIL ACTION - LAW : CUSTODY JOINDER FOR CUSTODY AND NOW, comes Defendant, Jeffrey W. Via, and respectfully represents as follows: 1. The address of Defendant is 28 North 8th Street, Lemoyne, Cumberland County, Pennsylvania 17043. Via. 2. Plaintiff is the mother of the minor children, Joshua G. Via and Zachary W. 3. W.Via. Defendant Is the father of the minor children, Joshua G. Via and Zachary 4. Defendant has reviewed Plaintiffs Petition for jOint legal custody and primary physical custody of the said minor children and joins in Plaintiffs request that joint physical custody be granted to the parties with primary physical custody in the Plaintiff, subject to periods of liberal visitation In the Defendant as agreed to between the parties. 5. Plaintiff and Defendant agree that such a joint custody arrangement with primary physical custody in the Plaintiff as in the best interest of the minor children. WHEREFORE, Defendant, Jeffrey W. Via, joins with Plaintiff in requesting this Honorable Court to granting the parties hereto joint legal custody with primary physical custody of the minor children, Joshua G. Via and Zachary W. Via, in the Plaintiff, subject to periods of temporary physical custody in the Defendant as agreed to between the parties. Dated~O 7!1.w'l 97 \ tv. i~ MARY KAY VIA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-1595 JEFFERY W. VIA, Defendant : CIVIL ACTION - LA \V : CUSTODY ORDER OF COURT AND NOW, this b day of . ).. r\e _ , 1998 upon consideration of the atta~hed complaint, it is hereby directed that thc parti~s. and thcir ~~~i~\ appear before \---\\c....~'"'"~ L. .~~)~,theCOnclhator,at . . PA on the day of"'7/.':::lOf ,1998, at ,M., for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issucs in dispute; or if this cannot be accomplished, to define and narrow the issucs to be heard by the court and to enter into a temporary order. Either party may bring the child who is the subject of the custody action to the conference, but the child/children's attendance is not mandatory. Failurc to appear at the conference may provide grounds for entry of a tcmporary or permancnt order. For the Court, ... BY:~~~zi~. Custody Conciliator (~. 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 OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 1/11',", CF -, ,':1. :lr{~/'7"""'- " . 0, '. ,'. ,.'.~I: . '):I/-''''Y .. "1{ 98 JUN II ': 10112: .15 ell", '_ U,.I:...,.._, p{iJ;~'.IL'(:~ ,::'\'),\1\' 1;.1\.._ Ji/.i/r tL-I. tl:ff /l1a-:6/~ 4 ~7d~'- &r '/I.tJ{/ 7/~ /Y14~ ~ ckj' ~1hx.:-",- to jI-'l( t~ ~c:I'" ~ ~/. 6J~ ~ . .~ 4. Thc partics shall altcrnatc lhc major holidays, thosc holidays bcing dcfincd as Labor Day. Thanksgiving. Easlcr. Mcmorial Day. and Fourth of July. This altcrnating schcdulc shall commcncc wilh Futhcr having Labor Day in 1998. Thcsc pcriods of partial cuslody and visitation shall bc from 9:00 a.m. unlil 6:30 p.m. 5. Thc Chrislmas holiday shall bc brokcn inlo two scgmcnts. Scgmcnt A shall bc from Dcccmbcr 24th at 12:00 noon unlil Christmas Day at 12:00 noon. Scgmcnt B shall bc from Chrislmas Day at 12:00 noon unlil Dcccmbcr 26th at 12:00 noon. Falhcr shall havc Scgmcnt A in 1998 and all cvcn numbcrcd ycars thcrcaftcr and Scgmcnt B in 1999 and all odd numbered ycars thcrcaftcr. Mothcr shall have Scgmcnt A in 1999 and all odd numbcrcd ycars thcrcaftcr and Scgmcnt B in 1998 and all cvcn numbcrcd ycars thcrcaftcr. 6. Fathcr shall havc lhc childrcn on Falher's Day and Mothcr shall havc thc childrcn on MOlhcr's Day. Thcsc pcriods ofparlial cuslody shall bc from 9:00 a.m. until 6:30 p.m. 7. Each party is cntitled to two onc-weck pcriods ofuninlcrruptcd vacation with thc childrcn. Thcsc pcriods of timc shall not bc conscculivc. Thcy can occur throughoutlhc year. but shall not inleITUpl any holiday schcdulc or school schcdulc. Thc partics shall providc cach othcr with atlcastthirty (30) days' advancc noticc as to whcnthcy intcnd to cxcrcisc lhcsc pcriods of va cali on. Austin F. Grogan. Esquirc Bruce D. Foreman. Esquirc - r~...... .m~l<t 'if/13 tiC' -(/- ....&.1". mlb .. .' ~. r) ;_-:: ~ ' , - ,.' '''-/ ..1'.'\' c n?""-\'; \,I:';\:':! _j" ~ ,.1 - C' \t' ':':~r{ 'Vi" ." .,,' .' \~C~I:,,:';I\~:'" I. ,'. MARY KAY VIA. PlaintifT ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA vs. CIVIL ACTION - LA W JEFFREY W. VI.''.. Dcfcndant NO. 97-1595 CIVIL TERM JUDGE PREVIOUSLY ASSIGNED: Thc Honorable Edgar B. Baylcy CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b).thc undcrsigncd Custody Conciliator submits thc following report: 1. Thc pcrtincnt information conccrning thc child(rcn) who is(arc) thc subjcct of this litigation is as follows: NAME B1RTI-IDA TE CURRENTLY IN CUSTODY OF Joshua G. Via Zachary W. Via May 26. 1987 April 13. 1993 2. A Conciliation Confcrencc was hcld on July 29. 1998. and thc following individuals wcrc prcscnt: thc Plaintiff and hcr attorncy. Brucc D. Forcman. Esquirc; thc Dcfcndant appearcd with his attomcy. Austin F. Grogan. Esquirc. 3. 1tcms rcsolved by agrccmcnt: Scc attachcd Ordcr. 4. Issucs yctto bc rcsolvcd: Scc attached Ordcr. 5. The Plaintiffs position on cuslody is as follows: Scc attachcd Ordcr. 6. Thc Dcfcndant's position on cuslody is as follows: Scc attachcd Ordcr.