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HomeMy WebLinkAbout04-0849GARRY EUGENE WATTS, II, Plaintiff VS. AMY RENEE WATTS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- J'q q CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Garry Eugene Watts, II. Plaintiff's permanent residence is 182 White Dogwood Drive, Etters, York County, Pennsylvania 17319. 2. The defendant is Amy Renee Watts, residing at 604 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The plaintiffseeks a schedule for partial custody of the minor child: Name Present Residence Age Abigail Watts 604 Second Street 5/22/97 DOB, 6 years old New Cumberland, PA 17070 The child, Abigail Watts, was born prior to the parties being married. The child is presently in the custody of the mother who resides at 604 Second Street, New Cumberland, Pennsylvania 17070. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Garry Eugene Watts, II Amy Renee Watts Address Date Kenova, WV Birth - 5/98 Garry Eugene Watts, I1 Amy Renee Watts Pajabon Drive Harrisburg, PA 5/98 - 2/01 Garry Eugene Watts, II Amy Renee Watts 604 Second Street New Cumberland, PA 2/01 - 12/02 Amy Renee Watts 604 Second Street New Cumberland, PA 12/02- present The mother of the child is Amy Renee Watts, currently residing at 604 Second Street, New Cumberland, Pennsylvania 17070. She is divorced from the father. The father of the child is Garry Eugene Watts, II, currently residing at 182 White Dogwood Drive, Etters, Pennsylvania 17319. He is divorced from the mother. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Garry Eugene Watts, II Stacy Ehrenzeller Lucas Ehrenzeller Lyndy Ehrenzeller Andrew Watts Relationship self girlfriend girlfriend's son girlfriend's daughter son of Plaintiff and Stacy Ehrenzeller 5. The relationship of the defendant to the child is that of mother. It is believed that the defendant currently resides with the following persons: Name Amy Renee Watts Abigail Watts Relationship Self daughter Plaintiff and Defendant 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of Abigail will be served by granting the relief requested for reasons including, but not limited to the following: a) The father has a stable home environment that is safe and appropriate for periods of partial custody with Abigail. b) The father lives with his girlfriend and three children, one of whom is Abigail's half-brother, and there is a very supportive family environment for Abigail. c) The father is willing to communicate with and work cooperatively with the mother to co-parent Abigail and will encourage both the mother/daughter and father/daughter relationship. d) The defendant has not acted in the best interest of Abigail in ways including but not limited to the following: i) The defendant has been arbitrary in deciding when and if the father can visit with Abigail. ii) The defendant prevents the healthy development of a bond between the father and Abigail by refusing to allow them to have regular contact with each other. iii) The father fears that without a custody order in place, the defendant will continue to deprive him of regular contact with Abigail, which will further deteriorate their relationship. 10. The father requests that the court order the following: a. Grant the mother primary physical custody of the child with periods of partial custody for the father on alternating weekends. The partial custody periods shall be from after school on Friday afternoons until Sunday evenings. In addition, father shall have partial custody one evening per week during the weeks where he bas no weekend custody, from the time the child is released from school until 7:00 p.m. b. Grant the father and mother shared legal custody of the child. c. Establish an appropriate holiday schedule to allow both parties time with the child. 12. 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, the plaintiff requests this Court to grant him periods of partial physical custody and shared legal custody of the child. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Atto~y for Plaintiff Mid'Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION relating to unsworn Date: The above-named PLAINTIFF, Garry Eugene Watts, II, verifies that the statements made in the above complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, falsification to authorities. Eugene watts, II GARRY EUGENE WATTS, II, Plaintiff VS. AMY RENEE WATTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Amy Renee Watts with a Complaint For Custody on ~'~' ~)t~0~0_ , 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Amy Renee Watts 604 Second Street New Cumberland, PA 17070 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: y ~) ~2r~C~ ~ S~gnamre GARRY EUGENE WATTS, II, Plaintiff VS. AMY RENEE WATTS, Defendant IN Tile COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- . ,' I CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Garry Eugene Watts, II, PlaintiFf, to proceed in 1brma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Je~sr~ca Diamondslonc Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243o9400 GARRY EUGENE WATTS, II : PLAINTIFF : V. AMY RENEE WATTS : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-849 CIVIL AC;I'ION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Ja~cqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 25, 2004 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. 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/ ]acqueline M. Vern~, Esq. 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 SttOULD 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 APR 0 8 2004 GARRY EUGENE WATTS, II, Plaintiff V. AMY RENEE WATTS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-849 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ' AND NOW, this l~ '~dayof ~ consideration of the attached Custody Conciliation Report, follows: ,2004, upon it is ordered and directed as 1. Father, Garry Eugene Watts, II and Mother, Amy Renee Watts, shall have shared legal custody of Abigail Watts, bom May 22, 1997. 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. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. During the school year: 1. Beginning April 13, 2004, alternating Tuesdays overnight from after school to Wednesday mornings when Father will be responsible for taking the Child to school. Father shall be responsible for all transportation. 2. Every Sunday from 8:00 a.m. to 5:00 p.m. Father shall be responsible for all transportation. 3. Any school holiday that Mother is working, from 7:30 a.m. to 5:00 p.m. Mother shall transport in the morning; Father shall transport in the afternoon. B. During the summer: 1. Beginning the first Monday after the last day of school, alternating Mondays at 7:30 a.m. to Wednesdays at 5:00 p.m. Mother shall transport Monday mornings; Father shall transport Wednesday afternoon. 2. Alternating Sundays, after the custodial Wednesdays, from 8:00 a.m. to 5:00 p.m. Father shall be responsible for all transportation. Two nonconsecutive weeks, from Friday to Friday, provided Father gives Mother 30 days prior notice. Father shall be responsible for all transportation. 5. The following holidays shall be alternated by the parties from 9:00 a.m. to 8:00 p.m.: Easter, Memorial Day, July 4th, Labor Day, Thanksgiving. Mother shall have physical custody for Easter, 2004 and the parties shall alternate the holidays thereafter. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A; Father shall always have Block B. 7. Mother shall always have the Child on Mother's Day; Father shall always have the Child on Father's Day, from 8:00 a.m. to 5:00 p.m. 8. The parties shall alternate the following holidays from 9:00 a.m. to 8:00 p.m.: Memorial Day, July 4th and Labor Day. Father shall have Memorial Day, 2004. 9. Transportation shall be as indicated previously. During Father's custodial periods, he shall be responsible for taking the Child to all other scheduled school activities and extracurricular activities. Both parties shall assure that the Child will be in an appropriate booster seat in compliance with state law. Ihe parties shall share transportation for the Child's visit to paternal grandparents' home. 10. Neither parent shall do or say anything nor let anyone in the Child's presence to say or do anything that may estrange the Child ~rom the other parent, injure the opinion of the Child as to the other parent or hamper the.. free and natural development of the Child's love and respect for the other parent. 11. Neither party will use illegal drugs or drink to the point of intoxication immediately before or during the time that the Child is in their custody. 12. Father shall assure that the Child has her ovm bed to sleep in while she is in his custody. 13. In the event that the Child requires hospitalization, both parents shall be entitled to visit with the Child at times and frequency consistent with sound medical advice. 14. Neither party may remove the Child from their residence overnight without providing a location, address and telephone number where the Child may be reached. 15. In the event that either party is in need of babysitting service for three (3) hours or more during their periods of custody, the parties shall contact the non-custodial parent in a reasonable time so that the other parent may take advantage of the opportunity. 16. 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 th:is Order shall control. cc: Jessica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Father Lee E. Oesterling, Esquire, Counsel for Mother 5c/~ 07 GARRY EUGENE WATTS, II, Plaintiff V. AMY RENEE WATTS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2004-849 CIVIL TERM : : 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 Child who is the subject of this litigation is as follows: NAME Abigail Watts DATE OF BIRTH May 22, 1997 CUP,3~ENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on April 8, 2004, with the following individuals in attendance: The Father, Garry Eugene Watts, II, with his counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and Mother, Amy Renee Watts, with her counsel, Lee E. Oesterling, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ~'acq~eline M. Vemey, Esquire Custody Conciliator