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Home My WebLink About98-06127 ~ .~ .. :) o -..j" I , i I III I ~ i 0-.. ~ . - ::> ~ i I i I I I I - . ::1 ~ ~ ~ ...... -..j ~ ~ ) \ ,\r\llr,\,\\ LI " ) : I~IIII: ('( 1I1J! I ()I' ('O~I~I()N PI.EAS ()/' ('II~lI\1' 1(1 ,\~I> ('( 1I1~TY. : PI,:NNSYI.VANIA I ' ~ 1 l, , c Plaintiff 1', . \ l<:" ;.....r ( \-' I'. , , ) Ddcndanl :('IVII.A('1I0~ lAW : NO,: ' ' I ('IVII. III /.' : ('I )STODY VISITATION ORDER OF COI JRT And now, this () I ''(llcr;, upon consideration of the attached complaint, it is hereby directed thatt~\c abovc pa~t~cs and thc~ ~espectil'e eo~r~:1 appear before H,( he" r \ i l-nVj" \ Esqlllre, the conciliator, at ',I \-) '), \ ", . ~) ~ '. (r I , ,( \ \, '. , " Pennsylvania,onthe 1('') -dayof \,"I"rr,\-(.{ ,I998.at</ l:,\..J ~P.M., for a Pre-hearing Custody Confercnce. At such confcrence. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference, Failure to appear at the conference may provide grounds for the entry of a t~mporary or permanent order. " " " h FOR THE COURT: ~ . I I By: -11~;t,~l\\."\.~ O~ J;;(\~. ~_ Custody ConcIliator ( fu,') 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~ ~ . THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, pA 17013 (717) 249-3 I 66 1-800-990-9108 .~ ; ! r: ; ( , I /[ .~~t'" -:-;; {;;, / {7/ /"", C/ , // 7~'1---tc.'-(1 Jl-', ,-,./,(;,1'" ?t .:-;-/!-Y- .1 ,,' ,:&: .,/ /.:, / / '(0< " , ~ ({;.:.~c,' /('" ~~(~J ~.f" , "cd/ ,..,( 0" /-.J -r",/ /0' j'('" It' ,I, f t: /-h/ /--' f..~I(., c-Y .-.,' ..' p' /"1, . , /' '/' ~ ) .~.J !~_) ;/; te' DEBORAH M. LOVING, Plainti ft III THE COURT OF COMMON PLEAS CUMIlEHLAND COUN'l'Y, PENNSYLVANIA v, NO. r; s I> I ) '7 (1 ,t?, ,/ (I( '- DEXTER R. LOVING, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, on the day of , at 0 I clock ,m" at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five (5) or older shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. BY THE COURT: Date of Order: By: 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland county Bar Association 2 Liberty Avenue Carlisle, pA 17013 (717) 249-3166 t l DEBORAH M. LOVING, Plaintiff TN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, '/ f- C. /.21 (!&d -r;-LA<'t-/ , tI ( I v. DEXTER R, LOVING, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1, The Plaintiff is Deborah M, Loving, an adult individual ^, 1 I who resides at 9 Campbell Place, Camp Hill, Cumberland County, ,. Pennsylvania. 2. The Defendant is Dexter R, Loving, an adult individual who resides at 1719 Peyton Randolph Court, New Cumberland, Cumberland County, Pennsylvania. c 3. The Plaintiff seeks to confirm custody of the following ) f- children: ~ Date of Birth ~ Kaire Brooke Loving Elliot Freeman Loving 12/22/90 5/12/93 7 5 ( I ( I I , . \ ~ The children are presently in the physical custody of their Mother, who resides at the address above, The children were born during wedlock. 4. During the past five years the children have lived with the following persons at the following addresses: 1. 2. 9 Campbell Place, Mother and Father 9 Campbell Place, Mother 'i , , L ~...~.', ,,.. , 5, The Mother of the children is Deborah M. Loving, who resides at 9 Campbell Place, Camp !lill, Cumberland County, Pennsylvania. !ler marital status is separated, 6, The Father of the chi Idren is Dexter H, Lo'/ ing, who resides at 10 Nayne Circle, Camp !lill, Cumberland County, Pennsylvania, 7. The relationship of the Plaintiff to the children is that of Mother, Plaintiff currently resides with the following persons: llil1ns1 Relationship Kaire Elliott Daughter Son 8. The relationship of the Defendant to the children is that of Father, Defendant currently resides with the following persons: llil1ns1 Relationship Paramour Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court, Plaintiff has no information of the custody proceedings of the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: . a. Plaintiff has been the major caretaker of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision of the children, c. Plaintiff can provide a stable and loving environment to the children, 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter, WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to the Plaintiff with liberal partial physical custody to the Defendant, Respectfully submitted, By: ! " f J. { . , L llncL\..-,,^-,u . I:-\,\.Qi :)'--.1 ,-Ll Marianne E. RUdebusch, Esq. Attorney No. 63522 845 Sir Thomas ct., Suite 11A HarriSburg, PA 17109 (717) 657-0632 ~. \ YERIITCATIQll Upon my personal knowledge, information, and belief, I, Deborah M. Loving, hereby verify that the facts averred and statements made in the foregoing are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, Date: to lD - (.;9, \ By: :Ji(r; (\ (( h V~ \ ,(~li.c Deborah M, Loving (~ J>FI\( lle\/I ,\1. 1.0\'1:\( i. l'/;'i"II'( \"s. 1'\ I I 1/ ('( III{ 1 ()I' ('( 1.\1.\/( 1,\ I'LL,\S (II ('I ',\IIlJI(I\'\J> ('(1I''\ I Y. 1'1 ,,'\SYl V,\,,\I.,\ (, I ,J'{ '\() ')X.~ CIVILlfoRM J>F:\TI'R R, LOVIN( i. Ilclc"danl ('1\'11. ,\C /10' - CIISTO/)Y OIWEI{ AN/) NOW this :~~:___ day of LL(;:_:-'-:~,__________. I 'N'}. it bcing rcportcd 10 thc oj Concilialor Ibat thc partics ha\'c rc'achcd an agrccmcnlll'hich makcs (urthcr procccdings unncccssary. Ihc undnsigncd Concilialor hcrcby rdinquishcs jurisdiction and rcturns thc mallcr to thc Court Administrator. If dthcr of thc partics lI'ishcs lilrlhcr procccdings in this action. thcy should pctition thc ('ourt ancll', FOR TI 1/: COIIRT. ii ,) 1. ~ Y [ L(~ ii, )' MIC/li\J'L L. BAN(jSj Custody Conciliator cc: Mariannc F, Rudcbusch. Esquirc Jamcs ^, MilicI'. !:squirc IAN 2 7 1999 .I I' DEBORAH M. LOVING, Plaintiff IN TilE COURT OF COMMON PIJEAS CUMflr:RLAIHJ COIlNT", FENNSYLVANIA v, !JaCKET tlO. 'In,!,;.'; ,1 I " ~ ' DEXTER R. LOVING, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER AND NOW, this ~:, day of _~~J4,(.'r._____, 1999 it is hereby ORDERED and DECREED as follows: A, The parties shall share legal and physical custody of the children born of this marriage, Mother and Father shall share information concerning their health, education and welfare on a regular basis and shall encourage Father to join in the decision making process as to the children's schooling, medical care and other important issues associated with their lives. B. The following schedule shall be adhered to by Mother and Father: 1. Every other weekend the children shall be with their Father from saturday at 10: 00 a. m. until Monday the beginning of school. After his custodial weekend, father shall have the children from Wednesday after school until Friday a.m. After mother's weekend with the children, father will have them Monday after school until Wednesday morning, 2. The children "h,tll 1>" with Mol Ill" ..vI"Y \',id"y. 3. The followinq hollddY" "h,\11 I,.. lol,\I..d 1",lw.."n Mother and 1',\1111": E.I!;t('r, HI'!HOI- i.l1 i).tY, Fourth 01 July, Lal>ol' ()dY, Tlld"f"""ivill'l. t'llI i"IIIl,'" ilnd tlew Year's Day. ('h, i "I "',\" "hall Ill' divided into segment,; ^ ,lIld \I: A - December 2~ "I B - December" ?IJ ,It 1.' 1l1)C11I lint i I lJf'('f'lllllI'J" ~I) ilt 12 noon L' Illll)1l lint i I \)4'1'I'IIII)('r' l.(i at 12 noon Mother shall hav" :;.."",..,,1 ^ ill ..v..n Y"ilr:; and Father shall hilve spC)llll'nt B ill 1"/1'1l )'""r-:;, 4, The child,...n will I..' witll \,,\tllI'" on Father's Day and Mottlt" 0" "lot 11"1"" IldY. c. Each parent "hil II hilv" I Ill' <'Iii Id,l''' lor two (2) non- consecutive weeks durinq "tllttlt(l" vil,',1I iOIl. 'I'h" I",rties shall give each other at least 30 dilY" Ilolk,' 01 t111'i,' intention to exercise this provision. D. The parties reco,!n i ze that there may be circumstances from time to time which may In'event the exercise of custody at the agreed dates and times. To that end. the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstance,; ,md will permit the other a reasonable period in which to en'joy time with the children to make- up for these lost per iOtI". E. In the event 01 illlY :;<,,' i au:; illness of the children at any time, any party then hilvinq cu"tody of the said children shall immediately commlln icalo wi Ih Iho other pilrty by telephone or any other means, in I o rill i nq Ih" othe,' party of the nature of the 2 i !~ illness. During such illness, each party shall have the right to visit the children as often as he or she desires, consistent with the proper medical care of the said children, The word "illness as used herein shall mean any disability which confines the children to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. F, The parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and each of the parties, and to foster a feeling of affection between the children and the other par.ty. Neither party shall do anything which may estrange the children from the other party, or injure the children's opinion as to their mother or father, or which may hamper the free and natural development of the Children's love and respect for the other party. BY THE COURT: ,J. 3 I I I I ~,.., h' MARIANNE E, Rl;lOEBUSCH, ESQUIRE ... Iln THOM~' cou"r. HAft,U..URO. PA 1710D e1t7JtI,.oaal JAN 1 9 1999 . -,.,.~' " 'i! . . ....v' 0\1 ..~,..i ..1 \ (r,' .. - ..,' ,.~..." -~"''''' .~ , , . I . I ( ~ 'J i , ! I . \ ',.... ',C','. . ,', IWIl0R,\II.\1 10\'1\1, Plaintil!' \' I~ Till'. ('OIJRT OJ. (,O.\I\IO:~ PI.I'.AS ('(I,\IIl!'RIAND ('Ot ':\TY, PI::-':\S Y1\',\,'\IA .;\0l DOCK!'T NO. 'JS:'N'r- DEXTI:R R 1.0\'I:\Ci, Defendant ('IVII. A('TION - LA\\' IN ('lISTODY Cll~TOln.',~GHEEMENT TIllS AGREEMENT is made and entered into between De\ler R I.ming and Deborah .\1 Loving, hereinaner referred to as Father and ivlothe.. The parties were married on Jone 1\ I'J')II ami there arc two children horn of their marnage. to wit, Elliott Loving horn May 12. 1991 and Kaira Loving born Decem her 22. 1990, As a consequence of disputes and unhappy dillerences. the parties have separated The parties desire to confirm their separation and make arrangements in connection with the custody of their minor children, It is thercf<Jrc agreed: A The parties shall share legal and physical cllstody of the children horn of this marriage Mother and Father shall share information concerning the health, education and welnlre of the children on a regular basis and shall encourage each other to join in the decision making process as to the children's schooling, medical care and other important isslles associated with their lives, B, The tollwing schedule shall he adhered to by Mother and Father: 1 :'1'.'. 1 'I'. "\" I',: :'1 ~4.J'I,,'jld ! !-I,i'! \.., 'H 1;.1,1 11.1 '".'" 1, Every othor weekond the childron ahall be with thoir Father from Saturday at 10:00 h.rn, until Monday the beginning of school, After hie custodial wQekend, father shall have the children from wednesday after school until Friday a.m. After mother's weekend with l:he children, rather will havQ them Monday after school until Wednesday morning. 2. The children shall be with Mother every Friday. 3. The following holidays shall be rotated between Mother and Father: Easter, Memorial Day, Fourth of JUly, Labor Day, Thanksgiving, Christmas and New 'lear's Day. Christmas shall be divided into Segments A and B: A - December 24 at 12 noon until December 25 at 12 noon B - December 25 at 12 noon until December 26 at 12 noon Mother shall have Segment A in even years and Father shall have segment B in even years. 4. The children will be with Father on Father's Day and Mother on Mother's Day. C. Each parent shall have the children for two (2) non- consecutive weeks during summer vacation. The parties shall give each other at least 30 days notice of their intention to exercise this provision. 2 ll'llll " )': '~,,""I..I/'j! ! kl.rf! I,' I H f '.~I)[ ('~' n, 'J'hn part.iu,; r"co'Jnll" thllt thl!re may bn circulllstances from time to tIme which may prevent the exercIse of cu~tody at the agreed dnto9 nod times. 1~ thllt end. the partIes agree that each will give timely and re.1Sonable notice to the other of the existence of ouch circumr.tanceu and will permit the other a reasonable period In which to enjoy tirnn wIth the chIldren to make- up for these Jost period... E. In the event of any serious illness of the children at any time, any party thon having custody of the said children shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness, During such illness, each party shall have the right to visit the children as often as he or she desires, consistent with the proper medical care of the said children, The word "illness as used herein shall mean any disability which confines the children to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. F. The parties shall exert every reasonable errort to maintain free access and unhampered contact between the children and each of the parties, and to foster a feeling of affection between the children and the other party, Neither party shall do anything which may estrange the children from the other party, or injure the children's opinion as to their mother or father, or which may hamper the free and natural development of the children's love and respect for the other party. J l~/lt,/l'f'l" 1:'1'" '1 ' I.' '-1'..1. '1.,~ I:.r~qi f ~t H !"I . H l,,',f ,1', IN -ITII1lB8 hERBor, lInd int"nding to be legally bound horeby, .' '/ i-I'I t\. the p~rti"8 h..ve signed lInd r.<'lIl"d thi" Agreemont on thc'/) ~_ J._(.' ,",k\. -, (. ~-' 199,) _, at lIarrinbllrg. UI\Y at _ Penn5ylvilnl.., In the presence 0(: L/-4i~~4 ~~(L ~ ~ss J , \ (, 'l{~ (' 1-' ,I 1'\ 11 \ ! t, \, \ ,'v I , (SEAL) LOVING ~ \ \ \/I\~'\ l:B~C~Q ''- ~ESS " r'" _ __h _______ (SEAL) DEXTER R. LOVING 4