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HomeMy WebLinkAbout07-3121DENNIS D. WILLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. o ~ 3i~1 POLLY ANN WILLEY, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, DENNIS D. WILLEY, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. T'he Plaintiff is DENNIS D. WILLEY, an adult individual who resides at 12 Watson Drive in Cazlisle, Cumberland County, Pennsylvania. 2. The Defendant is POLLY ANN WILLEY, an adult individual who resides at 652 Ridge Road in Halifax, Dauphin County, Pennsylvania. 3. The Plaintiff and Defendant aze husband and wife. 4. The Plaintiff and Defendant aze the parents of one minor child, Lindsay May Willey, now age 13, born 1 June 1993. 5. Plaintiff seeks an awazd of shazed legal custody of the child and either primary physical custody or equally shared physical custody of the child. 6. The child was not born out of wedlock and at the time of this Complaint. 7. During the past five years, the minor child has resided with the following persons at the following addresses: 26 January 2002 - 4 November 2005 4 November 2005 - 3 Mazch 2007 3 Mazch 2007 to present Newville, PA Defendant only 12 Watson Drive Plaintiff & Defendant Cazlisle, PA 652 Ridge Road Defendant only Halifax, PA 8. The father of the child is the Plaintiff who resides at the address set out above. The mother of the child is the Defendant who resides at the address set out above. fl ; 10. The Plaintiff is the natural father of the child. Plaintiff currently resides alone at the former marital residence at 12 Watson Drive in Carlisle, Pennsylvania. He is the biological father of the child. 11. The Defendant is the natural mother of the child. Defendant currently resides at 652 Ridge Road in Halifax, PA with the child and with her adult daughter, Jessica Shepley, when Jessica is home from college. Plaintiff does not know the other details of Defendant's housing or living arrangements. i 2. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. It will allow both parents to maintain the maximum contact with the child and permit them to maintain a healthy parent-child relationship with the child; and B. It will allow the child to continue to live in the only home she has known for much of her life and continue in the same school and neighborhood she has always known; and C. It will allow Plaintiff to continue to be extensively involved in the child's life and to maintain his close relationship with her. 14. 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 prays this court to award the parties shared legal custody of their minor child and to either award him primary physical custody or award the parties equally shared physical custody of the child. Samuel L. des Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ,., ,~ Date: ~~ ~ ~~ . ~~. G'v " DENIMS D. WILLEY ~ ~.n 1' ` _V (~ ~'(\i W Q ` O t-`j ^`~3 ~T'~ C :~ .__m] f~ ,~1~~ <N r, r~ ~.,~ i ~~ '"a "~ ~' t 'i ~_,r . ~~~. J '::. ~ 1 •~i~1 =+ _._,..i "ti. DENNIS D. WILLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. POLLY ANN WILLEY DEFENDANT • 07-3121 CIVIL ACTION LAW IN CUSTODY ORDER OF COtJRT AND NOW, Tuesday, May 29, 2007 _____, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 22, 2007 at 8:30 AM for a Prc-Ficarin~~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define ar~d narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, I3y: /s/ Hubert X. Gllro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 be made at least 7? hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOUL..I) TAKE THIS PAPER TO YOUR A"I'TORNEY AT ONCE. IF YOU DO NOT HAV[: AN ATTORNEY OK CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT}i F3ELOW' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County I3ar Association 32 Soc~rth E3edford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ ~ - ~.~ (~;~~~n~,~sr~~~~p~ 'fi ~~ ~~ ~S~ i~~~ ~~~~-y' ~ ~~~p.~ A'ti~~ ;~a.~e-l.~~~sd ~Hl. d0 3~1~~~~i31l~ • r JUL 0620DI~ DENNIS D. WILLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW POLLY ANN WILLEY, N0.07-3121 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of July, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the 13`h day of August, 2007 starting at 1:00 p.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. This case involves the initial issue as to which parent will have primary custody for purposes of a determination as to which school district the child will attend. Legal counsel should include in their memorandums any applicable law on this issue and each parties position. 3. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The father, Dennis D. Willey, and the mother, Polly Ann Willey, shall enjoy shared legal custody of Lindsay May Willey, born June 1,1993. B. Unless agreed otherwise by the parties, physical custody pending the hearing shall be handled on a week on/week off basis with exchange of custody starting on Monday, July 9, 2007 when mother shall take the child to her place of employment and father shall pick the child up. Mother's week will start at the end of the day on Monday, July 16, 2007, when mother shall pick the child up at father's after her work. cc: Michelle Sommer, Esquire Samuel L. Andes, Esquire Judge Edward E. Guido F:\FII.ES\12321\12321. Willey v. Whey Report & Order y ~~-.r. ~ ,ry ~~i OM ~' TLILAKIS Miebe/le L Soxrmer, Erquin Attorney I.D. Na.: 93034 36 Soutb HaxotvrStnet Car6.rly Pexxrylvaxiv 17013 (717) 249-0900 DENNIS D. WILLEY, PLAINTIFF vs. POLLY A. WILLEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-3121 CIVIL ACTION -LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between l'OLLYA, ~pIT I Fy, (hereafter referred to as "Mother's and DEIVNISD. LPIT.T_F. y, (hereinafter referred to as "Father'. WHEREAS, the parties are the natural parents of one child, namely I-IIVDSAYMAY ~pII.T.Fy born June 1, 1993, (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child; and WHEREAS, Father filed a Complaint for shared legal and physical custody on May 23, 2007. 2 NOW THEREFORE, ~ consideration of the mutual covenants, promises and agreements as hereinafter set forth, with each party intending to be legally bound hereby, the parties stipulate and agree as follows: 1 • Legal Custody a. The Mother and the Father shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information perming to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, treatment institution, teacher or authority and 3 copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Physical Custody a. Mother will have primary physical custody of the Child during the school year and Father will exercise partial physical custody of the Child each weekend. i. Father will pick up the Child after school each Friday and Mother will pick up the Child on Sunday evening at Father's residence at 7:00 p.m. b. Father will have primary physical custody of the Child during the summer months when the Child is out of school and Mother will exercise partial physical custody of the Child each weekend. i. Mother will pick up the Child after work each Friday and Father will pick up the Child on Monday morning at Mother's work at 8:30 a.m. 3. Holidays a. Thanksgiving Day 4 i. Mother will have Thanksgiving in all odd number years beginning in 2007 and Father will have Thanksgiving in all even number years beginning in 2008. b. Christmas i. Since Mother's family celebrates Christmas Eve, Mother will have the Child from noon on Christmas Eve until noon on Christmas Day each year. ii. Since Father's family celebrates Christmas Day, Father will have the Child from noon on Christmas Day unti18:00 p.m. on the 26`~ of December each year. c. Easter i. Father will have Easter in all even number years beginning in 2008 and Mother will have Easter in all odd number years beginning in 2009. d. Mother's. Day i. Mother shall have custody on Mother's Day. e. Father's Day i. Father shall have custody on Father's Day. f. Memorial Day, 4`~ of July and Labor Day i. The following holidays from will be rotated each year beginning with Father having Labor Day in 2007, Mother 5 having Memorial Day in 2008 and Father having the 4~' of July in 2008. 4• During the school pear Father will be entitled to overnight visitation with the Child during her school breaks, such time would consist of a. Thanksgiving Break, Christmas Break and Easter Break. b. Mother will provide Father with a complete list of the Child's school calendar so that Father is aware of an additional days the Child is off so that he can make arrangements to spend time either during the day or overnight with the Child. 5• Transportation shall be shared by the parties. d• Each party shall keep the other party apprised of her or her tele hone P number and address. Each party shall be entitled to reasonable telephone privileges with the Child, at least one time per day, while the Child is in the "custody and control of the other party," 7. If either patent is going to be away overnight with the Child for two 2 () consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the Child and a number where they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. 8• During the summer months, Mother will be afforded at least a week (seven consecutive daps), but not more than two (2) weeks (fourteen 6 consecutive days) of vacation with the Child, as long as she provides at least thirty (30) days written notice to the other party of her selected weeks, as well as the destination of the vacation and a number where the Child can be reached. 9• Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania,. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 7 13. The parties acknowledge that they -have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound b Y the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~C. ~d(}Ol DATE ~" Y( POLLY ~i.i.F.y -I~ -07 DATE 0 DENPIIS D. WIi "i FV 8 t7 0 cJ -~ R v~ ~~~' ~v m~ [-_ C +3 ~?,w ~ t-rz ~ ~ ~ „ ~~ {-' ~ ~~ -~ ' SEP ,~ 12007 ~S/ DENNIS D. WILLEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 07-3121 POLLY A. WILLEY, :CIVIL ACTION -LAW DEFENDANT IN CUSTODY AND NOW this ~ l _ day of ~ , 2007, the attached Custody Stipulation and Agreement is hereby of Court. J• cc: ~amuel L. Andes, Esquire, For the Plainti~' ~chelle L. Sommer, Esquire, For the Defe ~"C~~ft~S~E~~d ., . ~~~_ I ~8 ~~ SZ d3S tQOZ A~lO~iG~1Qi~d ~-ll ~U ~~~