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HomeMy WebLinkAbout07-4811NOTICE The Court of Common Pleas of Cumberland County is required by law to comply with the Americanswith 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 -2- LAW OFFICES OF DAVID R. YDDER P.O. BOX 21 5 CARLISLE, PA 17013 (7 1 7) 57 1 -2088 ATTORN EY~O DEJAZZD.COM IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY MICHAEL HURRAY, Civil Action- Law Plaintiff . v• Docket No. ~ ~_ y g 11 Shannon Murray, Defendant. In Custody Custodv Comulaint/Petition for Custody 1. The plaintiff is Michael Murray, an adult individual and father of the children, who resides at 116 Pearl Drive, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Shannon Murray, an adult individual and mother of the children, who resides at 116 Pearl Drive, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Brianna Nicole Murray 116 Pearl Drive Jayden Michael Murray same 10-24-2000 (6) ( ) 9-24-2002 (4) The children were not born out of wedlock. The children are presently in the shared custody of both parents. -3- During the past five years, the children have resided with the following persons and at the following address: List all Persons List All Addresses Dates Michael Murray (plaintiff/ father) Shannon Murray (defendant/mother) Brianna Nicole Murray (daughter) Jayden Michael Murray (son) (same) Birth to present The mother of the children is Shannon Murray, currently residing at the address noted above. She is currently married to Michael, a divorce action is pending in Cumberland County, docketed at 07-3405 Civil Term. The father of the children is Michael Murray, residing at the address above. He is currently married to Defendant, with the divorce action pending noted above. 4. The relationship of the plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: Name Relat See above, paragraph #3 5. The relationship of the defendant to the children is that of Mother. Defendant resides with the following persons: See above, paragraph #3 -4- 6. 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 concerning the child pending in another court of this Commonwealth or any other state. 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 vitiation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Father has served as the primary caretaker of the children for the past several years as Shannon's apparent mental state has deteriorated; b) Father remains in the marital residence, providing a stable, continuing environment for the children; c) Father provides the children with the majority of their activities, taking them swimming several times a week, taking them to parks and to other places of interest; d) Father is involved with their daily lives, and communicates easily with them; e) Father provides moral education by using consistent disciplinary techniques, and taking them regularly to church; f) Mother's apparent condition causes her to make impulsive decisions, and sometimes very questionable decisions; g) Most recently, the children called Father to say that Mother had left to go shopping, leaving them alone at her residence without adult supervision. h) Father is most concerned for the welfare and full development of the children. 8. 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 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: -s- Name Address N/A Basis of Claim WHEREFORE, Plaintiff, Michael Murray, requests this Court to grant Plaintiff primary physical custody with partial physical custody to Defendant, and/or enter such other relief as the Court deems just. Respectfully submitted, f ~ , rDavid R. Yoder Pa. Att'y LD. # 6281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 -6- Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personi~l knowledge, and others being made upon information and belief. I have made all asserticlns herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsific~.tion to authorities. L Date: ~ r Q~i ~'~ Michael M ay -~- ~ N r ~';- _ -~ ~ ~) .y .~ v Tt i'^.._ ~ - w ~ rid ~_ ~ _r,~ _)r J ~ ~ y= f - ..~ i~ ~~ ~. ~' .. + ~.j ~ « y lJ NOTICE The Court of Common Pleas of Cumberland County is required by law to comply with the Americanswith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having busiiness before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the Scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONL, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 -2- LAW OFFICER OF DAVID R. YDDER P.O. Bax 21 5 CARLISL.iE~ PA 1701 3 (717) 571-2OB8 ATTORN EY~Q DEJAZZD.CCM IN THE COURT OF COMMON PLEAS OF THE NINTH .TUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY MICHAEL HURRAY, Civil Action- Law Plaintiff v• Docket No. ~ ~ . y ~ / 1 ~- ~ ~ ~; • r. S Sharman Murray, G ~ n'r Defendant. In Custody -~' _~;: ~' `. ~ ~~ w ~(-7 Custodv Complaint/ Petition for Custodv v~ s°- ;~ !Tj ~~ -.~ 1. The plaintiff is Michael Murray, an adult individual and father of the children, who resides at 116 Pearl Drive, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Shannon Murray, an adult individual and mother of the children, who resides at 116 Pearl Drive, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Brianna Nicole Murray 116 Pearl Drive 10-24-2000 (6) Jayden Michael Murray (same) 9-24-2002 (4) The children were not born out of wedlock. The children are presently in the shared custody of both parents. -3- During the past five years, the children have resided with the following persons and at the following address: List all Persons List All Addresses Dates Michaell, Murray (plaintiff/ father) (same) Birth to present Shannon Murray (defendant/mother) Briamma ~i,Nicole Murray (daughter) Jayden P~Iichael Murray (son) 'The mother of the children is Shannon Murray, currently residing at the address noted above. She is currently married to Michael, a divorce action is pending in Cumberland County, docketed at 07-3405 Civil Term. The father of the children is Michael Murray, residing at the address above. 'He is currently married to Defendant, with the divorce action pending noted iabove. 4. The relationship of the plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: ame Relationship See above, paragraph #3 5. The relaltionship of the defendant to the children is that of Mother. Defendant resides with the following persons: See above, paragraph #3 -4- 6. 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 concerning the child pending in another court of this commonwealth or any other state. 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 vitiation rights with respect to the child. 7. The b$st interest and permanent welfare of the child will be served by granting the relief requeslted because: a) ' Father has served as the primary caretaker of the children for the past several years as Shannon's apparent mental state has deteriorated; b) Father remains in the marital residence, providing a stable, continuing environment for the children; c) Father provides the children with the majority of their activities, taking them swimming several times a week, taking them to parks and to other places of .interest; d) Father is involved with their daily lives, and communicates easily with them; e) Father provides moral education by using consistent disciplinary techniques, and taking them regularly to church; f) 'Mother's apparent condition causes her to make impulsive decisions, and sometimes very questionable decisions; g) Most recently, the children called Father to say that Mother had left to go ,shopping, leaving them alone at her residence without adult supervision. h) 'Father is most concerned for the welfare and full development of the children. 8. Each parent whose parental rights to the child have not been terminated and the person who his physical custody of the child have been named as parties 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: -s- Name Address Basis of Claim N/A WHEREFORE, Plaintiff, Michael Murray, requests this Court to grant Plaintiff primary physical custody with partial physical custody to Defendant, and/or enter such other relief as the Court deems just. Respectfully submitted, ~~/~p 1~ ~aDE David R. Yoder Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 -6- Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: / r i c NQc~[.. ~~i2/z ichael Murray -~- MICHAEL HURRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON HURRAY DEFENDANT • 07-4811 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Friday, August 17, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor,_Cumberland County Courthouse, Carlisle on Tuesday, September 11, 2007 ___ at 9:30 AM for aPre-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 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, By: /s/ ac uellne M. Verne 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD UNE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~D~ ~ y~~"'r ~J f'J CP O~.Jf `~ ..fir ~=: ~ ~,~r, r'~ t~ i ^I i'J ~~~~<:i`d~. .!' vii ~'t-~. ~~ {';°-~' ;''-~Ivi~Ii~ SEP 132007 l~ MICHAEL HURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4811 CIVIL ACTION -LAW SHANNON HURRAY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /y" day of ~,r/'~ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael Murray and the Mother, Shannon Murray, shall have shazed legal custody of Brianna Nicole Murray, born October 24, 2000 and Jayden Michael Murray, born September 24, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regazding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and the other pazent. 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 pazent. Both parents shall be entitled to full participation in all educational and medicaUtreatmentplarming meetings and evaluations with regazd to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and 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 pazent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracumculaz activities, Children's parties, musical presentations, back-to- school nights, and the like. 2. The parents shall have shared physical custody on a week on/week off schedule. The exchange day and time shall be Mondays after school or work. The pazents shall continue to use each other as the day-care provider during work hours. In this regard, Mother currently has physical custody of the Children overnight on Wednesdays and Thursdays during Father's week of physical custody and Father provides day Gaze for the Children while Mother works during the day. 3. So long as Mother does not have important planned activities on Saturday evening or Sunday morning, Father shall have physical custody of the Children either ~~~~~ ,t;~i~i.l.C~td ~! . Saturday evening or Sunday morning during Mother's periods of physical custody so that he may take the Children to Mass. Mother shall notify Father by the preceding Friday at 5:00 p.m. whether or not. she has planned activities for the Children. 4. The parties shall share holidays as agreed and as their work schedules allow. 5. Mother shall. have physical custody of the Children on Mother's Day and Father shall have physical custody of the Children on Father's Day. 6. Both parties shall have a block of time with the Children on the parents' and Children's birthdays. 7. Transportation shall be shared such that the receiving party shall transport. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the Children and shall further take any necessary steps to ensure that the health and well-being of the Children is protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. 9. Neither parent shall do or say anything, nor permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other parent. 10. Mother shall sign releases with her psychologist and psychiatrist permitting Father to confirm Mother's continued counseling and medication checks. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Monday, November 12, 2007 at 8:30 a.m. cc~llavid R. Yoder, Esquire, Course ~ary Lou Matas, Esgture~ GQ,unse for Mother o ~~ , ~~ RV TTY' (''(lTTT2T V ~y ,rt r ~'. ~ ~ ~f ~ ~, MICHAEL HURRAY, Plaintiff V. SHANNON HURRAY, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4811 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subnuts the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna Nicole Murray October 24, 2000 shared Jayden Michael Murray September 24, 2002 shared 2. A Conciliation Conference was held in this matter on September 11, 2007, with the following in attendance: The Father, Michael Murray, with his counsel, David R. Yoder, Esquire, and the Mother, Shannon Murray, with her counsel, Mary Lou Matas, Esquire. 3. The parties agreed to an Order in the form as attached. '7~~3 0 l"~• V Date acq ine M. Verney, Esquire Custody Conciliator DEC Y 2 ~~D7 ~y MICHAEL HURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4811 CIVIL ACTION -LAW SHANNON HURRAY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ' Y ~ day of ~,~.i , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 14, 2007 is hereby vacated. 2. The Father, Michael Murray and the Mother, Shannon Murray, shall have shared legal custody of Brianna Nicole Murray, born October 24, 2000 and Jayden Michael Murray, born September 24, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and the other pazent. 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 Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and 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, extracurriculaz activities, Children's parties, musical presentations, back-to- school nights, and the like. 2. The parents shall have shared physical custody on a week onlweek off schedule. The exchange day and time shall be Mondays after school or work. The parents shall continue to use each other as the day-care provider during work hours. In this regard, Mother currently has physical custody of the Children overnight on Wednesdays and Thursdays during Father's week of physical custody and Father provides day care for the Children while Mother works during the day. Fri-~;~r~CE q~ PF~`~~°!~~~TARY ~~~~ DEC ~ 7 AM i0~ 5 ~1~~Y1.Y~i~A 3. So long as Mother does not have important planned activities on Saturday evening or Sunday morning, Father shall have physical custody of the Children either Saturday evening or Sunday morning during Mother's periods of physical custody so that he may take the Children to Mass. Mother shall notify Father by the preceding Friday at 5:00 p.m. whether or not she has planned activities for the Children. 4. HolidayslVacation: A. Christmas shall be divided into two Blocks. Block A shall be from 3:30 p.m. Christmas Eve to 3:30 p.m. Christmas Day. Block B shall be from 3:30 p.m. Christmas Day to 3:30 p.m. on December 26. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. B. Easter shall be shared by the parties such that Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. C. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Memorial Day 2008. D. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. until the normal exchange time on Monday. Father shall have physical custody of the children on Father's Day from 9:00 a.m. until the normal exchange time on Monday. E. Thanksgiving shall be from Wednesday after school to the normal exchange time on Monday and shall be alternated among the parties. Father shall have even numbered years and Mother shall have odd numbered years. F. Each party shall be entitled to two non-consecutive weeks in the summer to coincide with their normal week onlweek off schedule but shall have the preceding Friday, Saturday, Sunday and Monday, so that their vacation week would run for 11 days-Friday to Monday, provided they give the other party 30 days prior notice and provide an address and telephone where the children may be reached. 5. Both parties shall have a block of time with the Children on the parents' and Children's birthdays. 6. Transportation shall be shared such that the receiving party shall transport. 7. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the Children and shall further take any necessary steps to ensure that the health and well-being of the Children is protected. During such illness or medical emergency, bath parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. 8. Neither pazent shall do or say anything, nor permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other parent. 9. Mother shall sign releases with her psychologist and psychiatrist permitting Father to confirm Mother's continued counseling and medication checks. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin A. ess, J. cc~vid R. Yoder, Esquire, Counsel for ~ary Lou Matas, Esquire, Counsel for MICHAEL HURRAY, Plaintiff V. SHANNON HURRAY, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2047-4811 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna Nicole Murray October 24, 2000 shared Jayden Michael Murray September 24, 2002 shared 2. A Conciliation Conference was held in this matter on September 11, 2007, with the following in attendance: The Father, Michael Murray, with his counsel, David R. Yoder, Esquire, and the Mother, Shannon Murray, with her counsel, Mary Lou Matas, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated September 14, 2007 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. tL- _ ~1 U ~r o~ ~' Date ac line M. Verney, Esquire Cus ody Conciliator