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HomeMy WebLinkAbout99-03770 CUMBTHE ERLANDRCOUNTY, PENNSYLVANIA CHRISTINE HEADLEY EVERHART Plaintiff : N0, q9- y77c) C?u SJ-T V. CIVIL ACTION - LAW ROBERT W. EVERHART, IN CUSTODY Defendant AND NOW, this ? Ll day of consideration of the attached Complaint/Petition, IT lIS 9HEREBY DIRECTED that the p rties and their res ective legal counsel shall appear before conciliator, at the ?T10 c 70 / on the 9'day of 1999, at //'00 Prehearing Custody Conf ence. At such conference an effortfwill be made to resolve the issue 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. Either party may bring the Child or Children who are the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 CARLISLETYPAV17013 ((717) X49-3166 AMERICANS WITH DTSABTT TTTW A T OF 1;9, the Court of Common Pleas of Cumberland County is required by law to complx with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must 3e made at least 72 hours prior to any hearing or business before :he Court. You must attend the scheduled conference or hearing. FOR THE COURT: DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 /v d ?/ i ced A-1 ? G - CUMBERLAND COURT OF COMMON PLEASNOF CHRISTINE HEADLPYa$?$HART, NO. V. ffff CIVIL ACTION - LAW ROBERT W. EVERHART, IN CUSTODY Deffendant CU,gTODY OMP ATNT 1. The Plaintiff is CHRISTINE HEADLEY EVERHART, residing at 21 Glen Wood Drive, East, Camp Hill, PA 17011. 2. The Defendant is ROBERT W. EVERHART, whose address is P.O. Box 61874, Harrisburg, PA. 3. Plaintiff seeks primary physical and legal custody of the following child: NAME PLACE OF RESIDENCE AGE DOB Emily Elizabeth Everhart Headley 21 Glen Wood Drive East Camp Hill, PA 17011 17 mos 10/24/97 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff who resides at 21 Glen Wood Drive, East, Camp Hill, PA 17011. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Christine H. Everhart 21 Glen Wood Drive East 5/19/99 Roberta J. Miller Camp Hill, PA 17011 to Clinton E. Miller present Christine H. Everhart 221 South Enola Drive 4/23/99 Robert W. Everhart Enola, PA to 5/19/99 Christine H. Everhart 221 South Enola Drive 1/98 to Enola, PA 4/23/98 Christine H. Everhart 209 North Enola Drive 10/24/97 Enola, PA to 1/98 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 Page 2 of 13 7. The mother of the child is Christine Headley Everhart currently residing at 21 Glen Wood Drive East, Camp Hill, PA 17011. 8. The mother is married to the Defendant, their marriage date being April 23, 1999 and their separation date being May 19, 1999. 9. The father of the child is Robert W. Everhart whose current address is P.O. Box 61874, Harrisburg, PA. 10. The father is married to the Plaintiff. 11. The relationship of Plaintiff to the child is that of Mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Emily Elizabeth Everhart Headley daughter Ty Headley son Kelly Headley daughter Heather Headley daughter Roberta J. Miller mother Clinton E. Miller father 10. The relationship of Defendant to the child is that of father. 11. The Defendant currently resides with the following persons: NAMES RELATIONSHIP none known n/a DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 12. Plaintiff has 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. Plaintiff has no information of a custody proceeding Page 3 of 13 concerning the child pending in a court of this Commonwealth. 13. Plaintiff does 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 respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The Plaintiff has always been the sole custodian of the child and her sole nurturing parent; b. The granting of custody to the Plaintiff would keep the child and her siblings living in the same household; C. The Plaintiff can better provide for the emotional, physical and spiritual well being of the child. d. The Defendant has some psychological problems that need to be addressed. 15. Each parent whose parental rights to the .child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical and legal custody of the child to the Plaintiff subject to partial physical custody for the Defendant in accordance with the proposed order attached hereto and made a part hereof. Respectfully submitted, D RADCL E QUIRE 3448 Trindle Roa Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 4 of 13 CHRISTINE HEADLEY EVERHART verifies that the statements made in this complaint are true and correct. CHRISTINE HEADLEY EVERHART understands that false statements ME-rein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: to 11 91/ 4±Zae CA - CHRISTINE HEADLE1rEVERHART 4 DIANE G. RADCLIFF 7418 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 Page 5 of 13 PROPOSED ORDER DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 6 of 13 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE HEADLEY EVERHART, Plaintiff NO. V. CIVIL ACTION - LAW IN CUSTODY ROBERT W. EVERHART, Defendant AND NOW, this day of 1999, the following Oder is hereby entered pertaining to Christine Headley Everhart ("Mother") and Robert W. Everhart ("Father") (sometimes individually "Parent" and collectively "Parents") regarding their minor child, Emily Elizabeth Everhart Headley ("the child"): A. ?•EGAT_• CTTBTODY; Mother shall have primary joint legal custody of the Child. The foregoing notwithstanding the following shall apply: 1. Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the Child's education, health, religion, and general well being. 2. Mother shall obtain Father's input as to any major decision prior to the major decision being made by Mother. 3. Non-major decisions involving the Child's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to Page 7 of 13 make such rules and follow such schedules as would provide the Child with continuity in her life regardless of the Parent with whom she is then residing. 4. Emergency decisions regarding the Child shall be made by the Parent then having physical custody, but that Parent shall communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 5. Within a reasonable time after receipt by a Parent, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child. 6. Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other important activities whenever possible. 7. Neither Parent shall make any derogatory comments about the other Parent in the presence of the child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. Further, neither Parent shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other Parent. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 8 of 13 i 8. Each Parent shall provide the other Parent with the name address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent. 9. Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody. 10. If either Parent intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) hours that Parent shall provide the other Parent with the address and phone number where the Child can be reached during the period of absence. B. P t T. rTTRTony: The Parents shall share physical custody of the Child in accordance with the following schedule: 1. Mother shall have primary physical custody of the Child subject to Father's rights of partial custody hereafter set forth, which rights shall correspond as to scheduling with the rights of partial custody enjoyed by the Father of the Mother's other children. 2. Father shall have rights of partial custody of the Child in accordance with the following schedule: a. Alternating weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. b. Wednesday evening of the week Father does not have an alternating weekend from 6:00 p.m. until 8:00 p.m. Upon mutual agreement of the parties t6his DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 9 of 13 midweek day may be scheduled to a different day of the week if such scheduling is convenient to the parties. C. The Parents shall alternate custody on the following major holidays under the terms and as set forth below: 1. EASTER: From Saturday before Easter at 7:00 p.m. through Sunday at 7:00 p.m.; 2. MEMORIAL DAY: From Friday before Memorial Day at 5:30 p.m. through Monday 7:00 p.m.; 3. INDEPENDENCE DAY: From July 3rd at 5:30 P.M. until July 5th at 7:00 a.m.; 4. LABOR DAY: From Friday before Labor Day at 5:30 p.m. through Labor Day Monday at 7:00 p.m.; 5. THANKSGIVING: From the Wednesday before Thanksgiving Day at 7:00 p.m. through Thanksgiving Day at 7:00 p.m. 6. CHRISTMAS EVE - CHRISTMAS MORNING: From December 24th at 4:00 p.m. until December 25th at 2:00) 7. CHRISTMAS AFTERNOON - DECEMBER 26T": From December 25`h at 2:00 p.m. until December 26th at 12:00 p.m. 8. In odd numbered years, Mother shall have custody of the Child for the Easter, Independence Day, Thanksgiving and Christmas Afternoon/December 26th holidays and Father DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 10 of 13 DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 shall have custody of the Child on the Memorial Day Labor Day and Christmas Eve- Christmas morning holidays. 9. In even numbered years the above holiday schedule shall reverse and Father shall have custody of the Child on the Easter, Independence Day, Thanksgiving and Christmas Afternoon-December 261h holidays and Mother shall have custody on the Memorial Day, Labor Day holidays and Christmas Eve-Christmas Morning holidays. 10. The foregoing notwithstanding, if the Memorial Day and Labor Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the party entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than two (2) consecutive weekends. 11. The foregoing further notwithstanding, should Mother's holiday schedule with her other three children be modified, the custody schedule herein provided should likewise be modified so that Father shall have the same holidays with the children that the father of the other three children has so that all four children will be togther with Mother on her holidays. Page 11 of 13 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 d. Mother shall have custody of the Child each Mother's Day from 7:00 p.m. the evening before Mother's Day through 7:00 p.m. on Mother's Day and e. Father shall custody of the Child each Father's Day from 7:00 p.m. the evening before Father's Day through 7:00 p.m. on Father's Day. f. Commencing upon the Child reaching age three (3) each Parent shall be entitled to two (2) uninterrupted weeks of custodial time with the Child under and subject to the following terms and conditions: 1. The weeks are to be exercised in two non- consecutive one (1) week periods. 2. To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. 3. If said scheduling set forth in subparagraph 2 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than 2 consecutive weekends. 4. The weeks shall be scheduled only during the summer once the Child commences school (kindergarten or after). 5. Each Parent must provide the other Parent with Page 12 of 13 at least thirty (30) days advance notice of his or her intention to exercise each of these custodial weeks. 6. Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected. C. MT- NEQ T TOD TERM-q- 1. The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. 2. The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. BY THE COURT: J DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 13 of 13 ,J ' J , 14 J C? ? aao fq q < u 4 c F x ? pc JUN :' '3 1999 4 W ?? N s J ii ?i m v i ? C Z ? " a A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE HEADLEY EVERHART, Plaintiff NO. 99-3770 CIVIL TERM V. CIVIL ACTION - LAW IN CUSTODY ROBERT W. EVERT"ART, Defendant C AFEIDBYST_OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn/affirmed according to law, deposes and says: I served a true and correct copy of the Custody Complaint upon the Defendant, Robert W, Everhart, by Certified Mail, Restricted Delivery on the 30c1i day of June, 1999. The return receipt mailing card, or a copy thereof, is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, 011 0100 Fax: (717) 975-0695 I.I. No. 32112 Attorney for 3448 Trin eZLUd Ca i , PA 17 Ph 737- Sworn to and subscribed before me a Notary Public in and for Cumberlagd County, P nnsylvania this ?r daypof. 1999. NOTARY PUBLIC tol" My commission expires: Notarial Seal DIANE G. RADCHIT Deborah L Donley, Notary Public 3448 TRINDIT ROAU Camp I fill Dnm, r u iherland County My Convnla on Fqura, Sept. 23. 1999 CAMP IIILI-. NA 17111 (717) 747-111111 1 me.. 0, nnn....lw . I n .cncrihn of Nnl;un!5 . .C«npn. nxn,ana«¢1«.damrW .rw.w. I also wish to receWe Ste Wowing services (for an ' i eComplete Herr 3.4& W 4E. rwM vW eddr on Na rewrw of We lam w thel we apdnt yq . can realm W. extra fee): ? V ecard 4 fM to the ftm of on mal4+Wwe, «m tM Ouk N space dale not 1. 13 Addrassse•s Address .Try RN n pws1iga mot whom t ? eu ? On date Z Resltkted Delivery Consunposonvuterforfee. ertver.a. 3. Article Addressed to: 4a: ArBde Nunteer Z 7 a9 7 Z c e ? G1/ v ? G v r MR. j/rJC t Type . Service I / Q Q ??• BOX (.D ?O ?y O Certlfled e e ? Express Mail E3 Insured a , ?(?1 /' ? Keehn Recegt for ?Y101Ehendse ? COD ?P` 1 d f DelWery 7 D t i . a e o 5. RemNed By: (Pdnr Name) 8. Addressee's ress (Onry H requested and the is paid) ''a, ; ;rtr%1C. r 5 6. it re: (Addressee orA p i r ? 4 LC) , Domestic Return Receipt PS Form 3811, Decwrrrber 1994 EXHIBIT A RETURN RECEIPT CARD DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 1701 (717) 737-0100 AUG 3 0 199 CHRISTINE IIEADLEY EVERIIART, ) Plaintiff ) VS. ) ) ROBI'sR'I' W. EVERHART, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3770 CIVIL TERM CIVIL ACTION ORDER OF COURT AND NOW this d), day of «- 1999, it being represented to the undersigned Conciliator that the Plaintiff desires not to proceed with the custody action at this time, the undersigned Conciliator hereby relinquishes jurisdiction of this matter. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL L. BAN Custody Conciliator 6 Diane O. Radcliff, Esquire Mr. Robert W. Everhart Post Office Box 61874 I larrishurg, PA 17110 a ?r i CO 1- I .,IU cn i