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HomeMy WebLinkAbout97-06419 pctllllln hccuusc lhc FUlhcl' I'clllllwd Ihc child 1'1'0111 Pcnnsylvuniu tll Kcnlucky wllhout hcl' nOlice. FUlhcl' Illude somc thl'ellls lhlll hc wus going 10 keep lhe child IIwuy. This ('OUI'l clltcred un Ordcr rcquiring Ihe FUlhcr to relUI'l1 lhc child III tvlllthcr which he cOl11pllcd wllh. Dcspite Ihls ulicgcd "snu!chlng," MOlhcr WIIS willing 10 wllrk 11lwurJs IIn ul'l'lIngclllcnt hy which Futhcr could luke lhc child lIutllf lown, Ilowcwr. she W\IIllcJ to huve sOllle visitutions hcrc In Pcnnsylvunlu I1rst und thcu gCI somc Ideu ofwhul his living urrungement wus in Kcntucky hdi.lre shc wlluld permlllhultllllccur. Futhcr Jld nol wunta phase-in scheJule ullhllugh thc plll'cnts ure working lownrds thut cnd. 6. The DcJ'cnJanl's positllln on eusllldy is us Iilllows: Fathcl' wunts 10 huw some regular vlsltullon with the child oUI of town, lie hus relocUlcd und living In Kentucky. lie Joes not believe Ihnt he should huw to phnsc-in 10 uny type of visitution bUI suggests thut he should he givcn pcriods oflillle with the child oul oflown sincc he lives such u dislunee uwny, 7. Need Ii.lr scpul'llte eounscltll represcnt ehlld(rcn): Neither party requested, 8. Need 1(11' Independent psyehologicnl evalualion or counscling: None rcqucstcd und the Concillutor docs nOI helicve uny is ncccssary. 9. ^ hearing in Ihis mallcr will luke one day. 10. Olher mallcrs or comments: The Futher inlhis case took lhc child in November. 1997. to Kcntueky and len anotc ndvising Mother that he was laking the child awny from her. She had no advance notlcc [lnd the Futher allegcdly made sOl11e Ihrcats that he was going to keep the child. The MlIlher was able III g<:l Ull emcrgency order to intervene and the child wus rcturncd 10 Pennsylvania. .. .' '. . , qqs66~ 9 ~ All '. , " I , ~' ~ p ~ ~ I; ! ~ . , U5r .. Cl g 111 n H Z ~ I:'" ClHClZ 0 ~ ""I H C/l<~ . ~ ""I ""IH ""I i il: 1:: 01:"'t'l1Jl \D 0 ~ ~t'l -.J . ~~ I (I) Ol c.., ~~n en ~ , . ""I 0 >I> ""Itl Htl~ f-' ~ OlCl ~ < :E \D :<l :Pil: . :.- On>il ~ 9 O~ _3 >iI ZO c..0 C/l en I~~ ~ ~ ! . "l 0 0 ~ 2: Z ""I 1;. ;.< :1;'0 - - I:"'Kn ~ :Pt"' tl '0 >- 0 s: ""I> l1) f-' :E'tl~ ~ Ro C/lH HI ill (') 02: l1) ..... t'lO 2:""1 ::l ::l ~Z i 0 H 0, rt ~ "l PI ..... C/l'" "l P HI KI:'" - rt HI t"'t'l <:.- ~en Camp Hill, cumberland County, PennuylV;ll11a, where they have lived since June 30, 1997. 6. On November 17, 199'7, without notice and while petitioner wafJ at work, Respondent removed said child Erom his home and transported him to Corbin, Kentucky, where Respondent's parents reside. 7. When Petitioner returned home hom work on Novem- ber 17, she discovered a note leEt by Respondent, which indicates tha~ Respondent and Hunter are on their way to Kentucky, and that petitioner would be restricted to having supervised contact with Hunter. (See copy oE note marked Exhibit "B", attached hereto and made part hereoE) . 8. Petitioner also discovered that Respondent had removed all oE the child's belongings, including his crib, dresser, clothing and toys, as well as Respondent's own personal belongings. Same were transported to Kentucky by Respondent in a U-Haul vehicle rented by Respondent. 9. At approxima~ely 2,30 a.m. on November 18, 1997, Petitioner received a telephone call Erom Respondent, where- in he confirmed that he had indeed taken Hunter to Respondent's parents' residence at 7'7 Incline Road, Corbin, Kentucky. In that telephone conversation Respondent stated that he has no intention of ever returning to Pennsylvania with Hunter, and should petitioner attempt to remove him, she would "see what happens". J.O. . Respondent has a history oE disciplining the child in a physical manner, having slapped him on the face and having struck him on other parts of his body as well. ;' IN THS COURT O~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN A CIVIL ACTION - LAW CUS'l'ODY (',' ~r-l.ri'nrl? ('''' ... . "i" , " ,', '.' . ',',l'I'l'J , ,<-ii' r '17/"'" I il (I' It.. , ) .. II f 'U ALITHA J. WATSON, Plalntlff/Petltioner ,'[', , " ~ I ,'. .. ""V "q 'I" I " "I {~- " j..-. .\', "" \ v . NATHAN B. WATSON, , Defendant/Petitioner ETITION ~OR EMERGENCY RELIE~ GRANTING TEMPORARY CpSTODY LA IV 01'1'1('1\ JAMES. SMITH & DURKIN p, O. BOX 6~O HmSHEY: PENNSYl.V~N',\ 170.l.1"O"~O ., I';' ,. .~- ...---- ;~~;;.~...~",.._. . '-"-""'~""'I . ,;. ,- I, il eXhibit A " I, 'i' 1I~II'ql'l' ;+"i'~'" ,11;" 1-""'1" (,..-) II III I, c!fl ' ,I . 2 :>- nnn~ :>- I:"' CHC I-i H en<~ :t ..... n ~ I-i I-iH I-i e ~ 0 !;'; gl:"'!:Jffl ~ ~ '0 III ><:1I>t"' ~ t"' <-< n~n :>- " . . I-i 0 ;;l H < HtlCl :'" (Ill:" Z ~ . ~ o ~ z ~ 9 ~ ~ I-i 2(}1-i I-i I-i 0 ~ "l en en co ,.. ::c 0 0 tlO '00 'Z"l <: ;;; " ~ 8 ~ III 2 ....2 I-i F' HI- III - I:"'><:n ): ~ n III .... II> - 0 ~ 1::1 Cl ::l ::l :I: 'O~ c:: en 0.. r1" ~ ... III .... tIlO ~ 0 ::l .... ZZ tl r1" .... Z ><: en '0 ><:1:"' t"'tIl <:>- ~en ~ f.) (' .0':' n r ~' " ..J ',\ ~ ~~" ".. .., k ~ ~..}:t,; ", ' , ,:Tj . : ~ '1 '~) . hO " III 1'_.) ~ V') " i. '8/2 ,'.) ~ C- "', ,j ,10, " . r') .{) ..... .I , .- .:.',lrt ~ '" .j .. , ;p~ ~.~ ,:- ,. "0 ...- :q )J , ... , r-:-r ,,<t .. . .. ALlTHA J. WATSON, PLAINTIFF V. NATHAN B. WATSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97.6419 CIVIL TERM ORDER OF COUflT AND NOW, this 6th day of May, 1996, following a hearing on the merits of this custody case, the following order Is entered. (1) All prior orders are vacated and replaced with this order. (2) Primary physical custody of Jeffrey Hunter Watson, born August 5, 1996, shall be with his mother, Alltha J. Watson. (3) The father, Nathan B. Watson, shall have temporary physical custody of Jeffrey as follows: (a) During the months of June, July and August, 1998, for up to three consecutive days In Pennsylvania, The father may take Jeffrey with him during these days but the child shall sleep at the mother's home. (b) The parents shall agree by the 20th day of the preceding month what days the following month the father will exercise such period. The father shall exercise each of these periods although they do 110t have to be for the entire three days, (c) Starting with the month of September, 1998, and each month thereafter, for nine consecutive days each month In Kentucky. The father shall provide transportation both ways. Day one shall be the day the child leaves Pennsylvania and day nine shall be the day he returns