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HomeMy WebLinkAbout08-0929 GARY L. HURLEY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHERRY L. SMITH : NO.08- 927 CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Gary L. Hurley, by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Gary L. Hurley, is an adult individual residing at 4262 Old Harrisburg Road, Gettysburg, PA 17325. 2. The Defendant, Sherry L. Smith, is an adult individual residing at 92 Victory Church Road, Gardners, PA 17324. 3. Plaintiff seeks custody of the following children: Name Present Residence Age D/OB Britney L. Hurley 92 Victory Church Rd., Gardners, PA 9 9-26-1999 Haven N. Hurley 92 Victory Church Rd., Gardners, PA 3 6-30-2004 Hailey N. Hurley 92 Victory Church Rd., Gardners, PA 3 6-30-2004 4. The children were born while the parties were out of wedlock. 5. The children are presently in the custody of Sherry L. Smith, who is residing at 92 Victory Church Road, Gardners, PA. 6. Over the past five years, the children have resided with: Name Relationship Address Dates Sherry L. Smith Mother 92 Victory Church Rd. 1/08-Present Gardners, PA 17324 Gary L. Hurley Father 4262 Old Harrisburg Rd. 2/07-1/08 Sherry L. Smith Mother Gettysburg, PA 17325 Gary L. Hurley Father 4262 Old Harrisburg Rd. 5/05-2/07 Gettysburg, PA 17325 Gary L. Hurley Father 4262 Old Harrisburg Rd. 10/03-5/05 Sherry L. Smith Mother Gettysburg, PA 17325 7. The mother of the children is Sherry L. Smith, residing at 92 Victory Church Road, Gardners, PA 17324. She is not married. 8. The father of the children is Gary L. Hurley, residing at 4262 Old Harrisburg Road, Gettysburg, PA 17325. He is not married. 9. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides by himself. 10. The relationship of the Defendant to the children is that of natural mother. The children are currently in the custody of the Defendant. The Defendant currently resides with: Name Martha Smith Paul Smith Relationship Grandmother Grandfather 11. The 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 any other Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. V 14. The best interests and permanent welfare of the children require a custody order to be entered as agreed upon by the parties or otherwise deemed to be in the best interests of the children by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. 'rO Date: 3 ? Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff GARY L. HURLEY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHERRY L. SMITH : NO. 08- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Gary L urley, Plaintiff o .._,- eat r r ? ?-r co C27 V _ - ' "ti J R CA z r GARY L. HURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-929 CIVIL ACTION LAW SHERRY L. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 15, 2008 , 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, March 14, 2008 _ at 8:30 AM 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. 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/ Hubert X. Gilroy, Es q. 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 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 Telephone (717) 249-3166 S 1 :ZI lid S 1933 8042 r APR S 4 200OPW GARY L. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHERRY L. SMITH, NO. 2008-929 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Sherry L. Smith, and the father, Gary L. Hurley, shall enjoy shared legal custody of Britney L. Hurley, born September 26, 1999, Haven N. Hurley, born June 30, 2004, and Hailey N. Hurley, born June 30, 2004. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary custody of the minor children as follows: A. On alternating weekends from Friday when father gets off work until Sunday evening at 9:00 p.m. B. Each Monday and Wednesday of every week from when father gets off work until 9:00 P.M. C. At such other times as agreed upon by the parties. 4. The parties may modify the above schedule in the event there is an agreement by the parties. Absent an agreement, the parties must follow this schedule. Communication between the parties with respect to custody shall be initiated with father making phone calls to mother's other family members, such as the maternal grandmother or mother's older son. Father shall not contact the mother directly with respect to any communications. The communications are limited only to matters relating to custody and the scheduling of custody. These communications shall not be deemed to be a violation of the Protection From Abuse Order entered at Docket No. 2007-7654. 5. The following shall apply with respect to Holidays: A. The parties shall split the Christmas holiday into two segments: segment `A' shall be from December 24 at noon until December 25 at noon and segment `B' shall be from December 25 at noon until December 26 at noon. The parties shall alternate these two blocks of time with father getting segment `A' in 2008 and mother getting segment `B' in 2008 and the parties alternating thereafter. B. Absent an agreement otherwise between the parties, the parties shall alternate holidays with the time being from 9:00 a.m. until 9:00 p.m. The holidays shall be as follows: New Years Day, Easter, Memorial Day, July 4 and Labor Day. C. The Thanksgiving holiday shall be split into two segments, the first being from 9:00 a.m. until 2:00 p.m. and the second being from 2:00 p.m. until 9:00 p.m. The parties shall alternate those segments pursuant to an agreement. 6. Both parties shall be entitled to two non-consecutive weeks of vacation during the summer months. In the event either parent desires to take any vacation, they shall give the other parent at least thirty days notice as to when they will be exercising vacation. 7. Neither party shall consume or be under the influence of alcohol or consume or be under the influence of illegal drugs during the time they have custody of the minor children. 8. The partied may modify this schedule as they agree. Absent an agreement, the custody order as set forth above shall control. In the event either party desires to modify this order , that party may petition the court to have the case again scheduled with the custody conciliator for a conference. 9. For exchange of custody and absent an agreement by the parties to the contrary, father shall handle transportation for exchange of custody and shall pick the children up either at the sitters or at mother's home. In the event the father is picking the children up at mother's home, father shall remain in the vehicle and shall not go into mother's home or go on the porch. BY THE COURT, cc: ?Carol J. Lindsay, Esquire ?Mark F. Bayley, Esquire `Gpl ? i I ?y?ZS?oB c? lt? _? ?_" Judge M. L. "Skip" Ebert 0 l iv SZ UV GOOZ 1 GARY L. HURLEY, Plaintiff v SHERRY L. SMITH, Defendant Prior Judge: M.L. "Skip" Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-929 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Britney L. Hurley, born September 26, 1999, Haven N. Hurley, born June 30, 2004, and Hailey N. Hurley, born June 30, 2004. 2. A Conciliation Conference was held on April 16, 2008, with the following individuals in attendance: The mother, Sherry L. Smith, with her counsel, Carol J. Lindsay, Esquire, and the father, Gary L. Hurley, with his counsel, Mark F. Bayley, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 4-1 /OR Hubert X. Gilroy, E; Custody Conciliator