The URL can be used to link to this page

Home My WebLink About97-03644 :-r-. ~ .J I'T) t'- 0'- . ~ ..."',......, // '.... , S, The relationship of the Defendant to the child is that of 1:lther. 9, The Plaintiff and the Delcndant are divorced. 10, The parties have participated as parties in previous litigation concerning custody of this minor child in the Superior Court of New Jersey, Chancery Division, Family Part, in Cape May County, New Jersey, resulting in the issuance of an Order dated February 21st, 1989, <lwarding "permanent custody" of the minor child in this matter to the Plaintiff/Mother: and awarding "liheral and reasonahle visitation" rights "at such dates and times as may be <lgreed upon" hy the partics 10 this matter to the Defendant/Father. A copy of said Order is attachcd hcreto <IS "Exhibit A," II. Thc parties have also entered into a consent visitation agreement dated June 11. 1991, and entcred as an Order of the Supcrior Court of New Jersey, Chancery Division, Family P<lrt, in Cape May County, New Jersey, ordering visitation to the Defendant/Father on alternating wcckends during the school year, unspecified alternating holidays and for one half of the summcr as agreed by the parties. A copy of said consent visitation agreement and Order is attached hereto as "Exhibit B." 12, The Plaintiff has no information of any custody proceeding concerning the child pending in any Court of this Commonwealth, or any other state, 13, Each parent has been named as parties to this action; the Plaintiff does not know of any person not a party to this proceeding who has physical custody of the child, or who claims they have custody or visitation rights with respect to the child, 14. The best interests and permanent welfare of the child will be served by granting a modification of the current Custody Order in this matter because the current Order has becomc disruptivc to the child emotionally <lnd psychologically; and financially, emotionally and practically difficult for the Plaintiff, which is not in the best interest of the child. 15. The best intcrcst and pcrmanent welfare of the child will be served by granting a modilication of the current Custody Order in this matter because the Defendant/Father has had difliculty in adequately and properly providing for the emotional, psychological, tinancial and spiritual needs of the child, and Plaintiff/Mother represents that Defendant/Father has: a, Consistently arranged for or insisted on meeting the Plaintiff/Mother for the purpose of picking up or dropping off minor child at a meeting point along the road approximately half way hetween child's pennanent residence and Defendant/Father's residence, and then failed to arrive in a timely manner, some times arriVing up to one-and-a-half hours late, subjecting said minor child and Plaintiff/Mother to inappropriate ,md avoidahle inconvenience, dclays and schedule disruptions, and rcsulting in work disruptions and tinancial costs to Plainliff/Mother; h. Rcfuscd to provide a location where the minor child will he housed or a phone number whcre the minor child could he rcached during times the child is with thc Defendant/Falher for periods of visitation, and the Plaintiff/Mother believes and thereforc avers the Defcndant/Father has often becn without a residencc or a working phone, often for lengthy periods of times, therehy creating numerous situations when Plaintiff/Mother was unahle to contact child in the event of an emergency or for any other reason; c, Has made numerous promises or representations to the child regarding plans, gifts or other mailers which have heen hroken, and which the Plaintiff/Mothcr helieves and thcrefore avers the Defendant/Father is tinancially unable to follow through on, thereby unreasonably causing emOlional distress to the child; d, Has, without agreement of the parties, returned the minor child late on numerous occasions on the evening beforc or the day of schcduled school sessions, and occasionally in an inappropriate state of dress and/or hygiene; 17. The best interest and permanent welfare of the child will be served by granting a modification of the Custody Order in this mailer bccause the distance between the child's permanent residence and that of the Defendant/Father, and therefore the time required to travel between those locations, is disruptive to the child's life and activities, and has rcsulted in the child missing or failing to participate in numerous social. scholastic, sports and othcr worthwhile and heneticial activities. 18, The best intercst and pcmlanent welfare of the child will be scrved by continuing permanent physical custody in the Plaintiff/Mother, and granting a moditication of the Custody Order in this mailer to include: a, Reducing tcmporary visitation rights in the Dcfendant/Father to not more than onc weckend a month during the child's school year from Friday afternoon until not latcr than 6:00 p,m, on Sunday evening, or such other time(s) as may be mutually agrced to by the parties; h. Reducing tcmporary visitation rights in the Dcfcndant/Father to not more than six (6) wecks during the summer months, at a time not to interfere with any school activitics, and at a timc to he agreed to by the parties at Icast nincty (90) days in advance, or such other time(s) ,IS may he mUlually agrced to hy the parties; c. Requiring thc Defendant/Father to pick up and drop off the child promptly at the appointed times at the child's permanent reSidence, and requiring the Defendant/Father to notifv the PlaintitliMothcr at least fortv-eight (48) hours in . . , advance of any una\'llidahle changes in plans or schedule: DARREN (ROTH) SHARTLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY ,PENNSYLVANIA V5. : NO. JOSEPH HALASZ, Defendant : CIVIL ACTION - CUSTODY VERIFICATION I. Darren (Roth) Shartle, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904. relating to unsworn falsification to authorities. ('~AAft_.u iu .-V~~J DARREN (ROTH)SHARTLE Dated: 6'/2&/9 7 DARREN (ROTH) SHARTLE, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 1997-03644 JOSEPH HALASZ, Defendant CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jeff Foreman, Esquire, the attorney for the Plaintiff in the above captioned matter certify as follows: 1. On the 7th day of July, 1997, I sent a true and correct copy of the Complaint for Custody in the above captioned matter by United States Mail, in a form requiring the signed receipt to Mr. JOSEPH HALASZ, 802 Lafayette Street, Cape May, New Jersey, 08204. 2. I thereafter received from the United States Post Office a domestic returned receipt for the certified mail, return receipt requested described in the above paragraph bearing the notation indicating that the date of delivery was July 9, 1997. A copy of the official return receipt is attached hereto as Exhibit "A". Respectfully Submitted NICR00vs 1~ BY \, I, f.-./'" Jef ~o e a~, Esquire 32 7 N Front Street H ri g, PA 17110 (717) 236-9391 Pa. Supreme Court 10 #72657 Attorn0Y for Pl~intiff ~ R: ; . Complete tt.mI 1 andJor 2 for addlUonaJ PfYk... I . CompIttt tttms 3. tnd 4. . b. . Print your name .nd .ddre.. on h fllverM of this form 10 that .1 tin fflUm thit c.rd to you. I . AttKh this form 10 the front of the rnti~c.. or on the btclllf .plce doe. not permit. .s . Write "RtIUM R~ RtqUtlted" on the mIIilptK. blk)_ the anu numbet' . ThI R.turn A,uip! will UloW 10 whom thlllrttC" WI. delivered and thtI d.t. g ...1iv4..... il 3. Artlcl. Addr....d 10: i ~ Joseph Halasz 802 Lafayette --',,--. -.. StreeV+'.' . !:"'. ."1/0 .....,.) '. Cape May, Nsw Jer ~"oalllh4 \\',\ <" 19 \':'1 ./ 2. 0 R..lrlclod O.lIv.ry Contult oatmeater for fee. 411. Article Number p 511 122 615 4b. Service Type o Regiltered 0 Inlured )4 C.rtlfied 0 COO o Express Mail ~etum Receipt for Mrhnl 7. Oat. of aelivery I alia with to fecelvl thl following IIMcn (for an extr. i 1..1: t 1. 0 Add'....... Add,... .z i J J Cll .& ! !l - ! 8. Addrel..... Addr... IOnly if requ..ted 1. and fee is paidl ~ DOMESTIC RETURN RECEIPT EXHIBIT "A" ..... If) ,. i~ (::. . :: . ~ I , '-'~ _7 l t ". j < " 'l.. :, <....." , '0 " C\' . L..' ..,1,. :,"11 r. - , I -, - I r- l._ ..- lJ