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Home My WebLink About98-02328 I 1 I .! ~ .~ I ~I .\'1 I ......j '-l.1 I ~I i I ~i . . \. \l ~ I\! ~ ~'\, \,~ , \ \ \ \ I , j J " i J J / / ( \,\ l~ -1 . j . ~ 1 Gli c.... ~ C'() f')/ 'i 13. Plaintiffs and Defendant have 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. 14. Plaintiffs and Defandant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. Plaintiffs and Defendant do 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 raspect to the chI/d. 16. The best interests and permanent welfare of the child will be served by granting the relief requested, 1n1w: m, because the Plaintiffs have been significantly involved throughout the child's life in his nurturance, care and support. 17. Each parent whose parental rights to the chitd have not been terminated and the persons who have physical custody of the child have 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. NamA Address Basis of Claim NONE WHEREFORE, Plaintiff respectfUlly request that this Honorable Court enter an Order granting shared legal and partial physical custody to Plaintiffs. Respectfully Submitted, Bv,_~Z:tCT Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #17441 Dated: ~I ATTORNEY FOR PLAINTIFFS . .... "~. TERRY HARNER, LEE HARNER, and BARBARA HARNER, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs v. NO. 98-2328 CATHERINE LIDDICK, Defendant CIVIL ACTION. LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. , 'I " AND NOW, this I ~_.s'- day of May, 1998 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Emily A. Fritz, who being duly sworn according to law, deposes and says that on May 4, 1998, she mailed a certified copy of a Complaint for Custody by certified mail, restricted delivery, return receipt requested, to Catherine Liddick, 129 Second Street, West Falrview, PA 17025, and the same was received by her on May 5, 1998 as indicated by the return receipt card which is attached hereto. Sworn to and subscribed before me on this ~ day of lli.u __, 1998. ~ ~ 1(' ;~=(, I / ti/ Nol~rl.1 9"~1 Quoo"a J, SllOmrno!. Nolwy Publlo Harrlsbwg, Dauphin Counly My Commisslo" E,plros Del 2, 2000 Ilarner. Cmllldy Sllfltllllljoll May I. 1998. lJ..n N I agrees to give support to the other In the role as parent and to take Into aooount the consensus of the other for the physical and emotional well-being of the child. 3. While In the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could In any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other In accordance with the physical custody schedule and to encourage him/her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicllte directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody sohedule, which may from time to time become necessary, and shall specifically not use the child as messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the ohild is physically residing at the time shall be permitted to make the decision neoessitated by the emergency without consulting the other 2 '..... IlarnCf . ('U~lt,tly SlllHllntilll1 May I. 1'1'18 . u,an N I parent In advance. However, that parent shall Inform the other of the emorgency and consult with hlm/hor as soon as possible. Day-today deolslons of a routine nature shall be the responsibility of the parent having physical oustody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents Include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. It shall be Mother's responsibility to provide Father with copies cf the child's birth certificate, social security card, and other important documents. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed by Mother with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parents heroby acknowledge that they halle dlseussed and jointly made the following decisions: a. The parents agree that Tan and Garcia will continue to be the child's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The p~fents acknOWledge that the child's legal name is Haven Lee Harner and that he shall be known by this name for all purposes. The parents agree that they will Instruct their 3 . .' 0 \.(l r:i ~i' Cu " j:l~, ~.,. ;,-:1 iMR ~,:: ,i, :11 4?:~Yi -. r :',"r I "'g 0) ,,'- I~ ~;;~1 ':' ..~< -f.': G~-::t.") "Tl :~:H ~;"") Z): "c'? o!_~ 'j (')f,;i )~ ~~~. (,oJ ., -iJ ~ /;"' :.u .~ ..., . v . , . The child is pl'l,sently in the clIstody of Terry HUl'Iler who resides ut 7073 Cudisle Pike, Lot 32, Curl isle, CUlllbedund County, Pennsylvunill 170 13. The child has resided with the tollowing persons und at the fllllowing addresses for the lust five yeurs: Persons Cathel'ine Liddick Addresses 8 NOI'i'h Enola Drive Enola, "A 17025 Dates 1993-1996 Catherine Liddick, Lee and Barbaru Hal'ller 99 Front Street West Fail'view, PA 17025 129 Second Street West Fail'view, PA 17025 1996-1 997 Cutherine Liddick 1997- 6/1101 Teny and Tracy Hal'llel' 7073 Carl isle Pike, Lot 32 Carlisle, PA 17013 6/1/01- date The Illother of the child is Catherine Liddick, cllnently residing at 129 Second Street, West Fairview, PA 17025. The father of the child is Teny I-Ial'llel', clll'l'ently residing at 7073 Curl isle Pike, Lot 32, Carlisle, PA 17013. 6. The relationship of Plaintiff, Teny HIIl'ller, to the child is that of father. The plaintiff currently resides with his wife Trucy HUl'ller, und Havenl-Ial'llel'. 7. The relationship of the defendant to the child is that oflllother. Plaintiffs do not know who resides with deftlndant mothei'. captioned at 98 - 2328. 8. The parties have participated liS a parties in a cllstody action in this court 9. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child 01' claillls to have custody 01' visitation rights with respect to the child. 10. The best interest and pel'lllllnent welfllre of tll(.' child will be served by grunting the relief requested bec<luse: " ') ~ ,hlld'. """,Ii," "'" "d,' .dl""'''''''' I'>oh P'~'" .~... "", \0 'mp''' th, oth<. p.""'" ",hi \0 ."'"" ""I 0' ~., .,,,1 ,,,.,,,d, "r ",0 ,hlld, ,,~h p"'" .",,, \0 ,,~ ._ '0 "" "tho< ,,, ,ho w" " p.~" "d '" to" ,,,,,, """." "" "",,,,,,, '" th, oIho' f'" tho ph,.,,,' ",d ""',',,"" "d ,.b.h., "f tho ,hlld 3, Whll. " ,'" p"""" "fI'" I,h lid, "",h" p."" ""II m'" '" "",," .., oil'" po'''''' \0 m'" ." "",," '" do ..,""" _h"h "'" '" " .., w', b< ",,,,,",, . "'w.,\o~ "' """"pll'",''"'' " ,h. ,'h" p...", II ,h. II h, "" "P"''' do', ,r ",h po"'" '" oph"'" "" "h" p"'" " "" w'm" ,ho ,hlld ...,,'" ".,.,. "d ,''',, N.hho< po'" .h,1I 0" d''',- h. tho p"",.. "f "" ,hlld ", consume alcohol 10 the point of intoxication. 4. 11 shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him/her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to uotify the other of any event or .."it, ,"" "old ",,,,,,,,bl, b< "p""d \0 b< 0,"'''''''''' """m 10 tho """ parent. 6. The parents shall con1municate directly wilh one another concerning any parenting issue requiring consultation and agreement and regarding any p""",,,d "",d""""'" 10 tho phy"'" ,..\od, "h.do", wi> ',h mo, flOm lImo \0 time become necessary. and shall specificallY nol use the child as messenger. fm\"'''''''~' "lIh" p""" ""II di.."" with 'h' ,hlld '''' p'"p<>><d ,h"'" \0 "" ",,,,,, ",,,,,,,, """",,,,., "' .., "',,' ,..." """"". """'to"'" "'" 2 jl agreement, prior to discussing the matter and reaching anl1greement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physiclllly residing nt the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and scboolreport cards, birth certificates, etc. It shall be Mother's responsibility to provide Father with copies of the child's birth certificate, social secnrity card, and other important documents. Both parents may and are encouraged to attend school conferences and activities. The Mother's name shall be listed by Father with the school as the alternative parent to be contacted in the event of an emergency and to be notifies regarding school events. However, it will be Father's primary responsibility to provide Mother with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance 01' palticipation at said activity 01' appointment during a time when they are scheduled to be in the physical custody of the other 3 . I' ~ . I. . \-"- ,r-.,,'IlL" ,r'\"i]i'11-'D ' " ,,) I" ", 1" "I, ,'\' "lO ' . r"-'" ,ni_~~ '" J ,Lkd(;.~_d- . '. ., . p C~ r) ..(' C7'l "11 'i"" I [J, r,'" : , : ;):1'\ ,..-i f'n oq enJ.. " , 8: c~i ..J , 1 ,,- ..t, " ) J"~ (') :Jt 1""1 t:~l ('I :'1-.: ~..(. ./ ' -" :':' " j~ .. '.,l .. :::> ;,)' . (,.) ~I "" , ! ~' , ; I , ~ \. /' 'I