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HomeMy WebLinkAbout09-3973JOHN LUKE MERCIER HURLEY IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V NO. e?- z, l 73 (?`N1/ Y LYNSLEY ASHE KIRETA CUSTODY ACTION DEFENDANT COMPLAINT FOR CUSTODY 1. The plaintiff is John Luke Mercier Hurley residing at 416 Mount Rock Rd, Newville, Pa. 17241. 2. The defendant is Lynsley Ashe Kireta residing at 2 Windy Hill Lane, Hershey, Pa. 17033 3. Plaintiff seek custody of the following minor child: Layna Marie Hurley Residing at: 416 Mount Rock Rd. 8months DOB 10/12/08 Newville, Pa 17241 4. Layna was born out of wedlock to plaintiff John Hurley and defendant Lynsley Kireta. 5. The minor child presently in the custody of the Plaintiff who resides at the above address. 6. Since November, 2008 the minor child has resided with the following persons and at the following address. Person Address Date Plaintiff 416 Mount Rock Rd. 11/08 to present Newville, Pa 17241 Plaintiff and Defendant 416 Mount Rock Rd 11/08 until 05/27/2009 Newville, Pa. 17241 Plaintiff and Paternal Grandparent 416 Mount Rock Rd. 11/08 to present 7. The minor Mother of Layna, is currently single and residing with her Mother at the above stated address. 8. The father of Layna is the Plaintiff. He is currently single and living at the above stated address. 9. The relationship of the Plaintiff to Layna is of father. The Plaintiff currently resides with himself, his parents and the minor child at the above referenced address. 10. The relationship of the Defendant, Lynsley Kireta, to the minor child is that of the mother. The defendant currently resides with herself, mother, brother, sister and nephew at the above referenced address. It. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of Commonwealth or any other state. 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 the respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the father has played an active and nurturing role in the development of the child and the continued relationship would be in the best interest of the child. 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, John Luke Mercier Hurley, request the Court to grant the plaintiff legal custody of the child, award him primary physical custody of the child and provide Defendant agreed upon visitation. FILED-> is E OF THE RDT!-'n" ruTARY 2009 AN 12 Pr q: 21 CU , ? ? i:.flint fII I ?T? \. g. ? ? ? ? v d P) '00C r Ia A-r G G Sf JOHN LUKE MERCIER HURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYNSLEY ASHE KIRETA DF,FENDANT 2009-3973 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 17, 2009 ,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 Thursday, July 16, 2009 at 10:30 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. 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/ Jacqueline M. Verney, 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 oftice. 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 FlLc~1-~it~~-1,~~ ZQII9 Jt~~`J 17 Pik 2~ 39 _-'n,~~, ~sry~ ~r 0 JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3973 CIVIL ACTION -LAW LYNSLEY ASHE KII2ETA, Defendant : IN CUSTODY ORDER OF COURT ~~ ,/ ~ oto la AND NOW, this ~ day of /y ~ U`{i'~Ni ~999~, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 19, 2010 and July 20, 2009 are hereby vacated. 2. The Father, John Luke Mercier Hurley and the Mother, Lynsley Ashe Kireta, shall have shared legal custody of Layna Marie Hurley, born October 12, 2008. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining 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, 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, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. 4. Mother shall have the following periods of partial physical custody: A. Every Wednesday from 12:00 noon to Thursday at 8:00 a.m. Mother shall pick up and drop off the child at pre-school. In the event that she is more than 15 minutes late in dropping off or picking up the child, Mother's period of partial physical custody shall revert to Wednesday at 12:00 noon to Wednesday at 6:00 p.m. B. Beginning November 16, 2012 alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. Holidays: A. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be shared such that Mother shall have physical custody of the child from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day and Father shall have physical custody from 12:00 noon on Christmas Day to 12:00 noon on December 26. C. Easter shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 6. Transportation shall be shared such that the relinquishing party shall transport, except on Wednesdays and Thursdays when Mother shall be responsible for all transportation. 7 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 Conciliation Conference is scheduled for March 19, 2013 at 8:30 a.m. BY THE COURT, ev -, c~annah Herman-Snyder Esquire Counsel for Father ~ ;m rv =~ c Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother ~ ~ ~ T <'° n~ ;fed ~~ ~' ~ ~:~_ ~P a~ ~~ -~ ~ ._ ~ JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3973 CIVIL ACTION -LAW LYNSLEY ASHE KIRETA, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Layna Marie Hurley DATE OF BIRTH CURRENTLY IN CUSTODY OF October 12, 2008 Father 2. A Conciliation Conference was held in this matter on November 16, 2012, with the following in attendance: The Father, John Luke Mercier Hurley, with his counsel Hannah Herman-Snyder, Esquire and the Mother, Lynsley Ashe Kireta, with her counsel, Jessica Holst, Esquire. MidPenn Legal Services. 3. The Honorable Albert H. Masland previously entered Orders of Court dated April 19, 2010 and July 20, 2009 providing for shared legal and shared physical custody by the parties. 4. The parties agreed to an Order in the form as attached. Date ~ ac eline M. Verney, Esquire Custody Conciliator JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIJ� -0" Mca rri V. NO.2009-3973 CIVIL ACTION-LA%;:o -um r— :Z ca LYNSLEY ASHE IURETA, Defendant IN CUSTODY co ORDER OF COURT ma CO 2 6<111 AND NOW,this day of —. 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I The prior Order of Court dated November 26, 2012 shall remain in full force and effect with the following modifications. 2. Mother shall have periods of partial physical custody on alternating weekends from Friday at 5:00 p.m. to Monday at 8:00 a.m. and on alternating Sundays from 5:00 p.m. to Monday at 8:00 a.m. 3. Transportation shall be shared such that the relinquishing party shall transport, except on the alternating Sunday into Monday, when Mother shall be responsible for all transportation. 4 The parties are encouraged to obtain therapeutic family counseling. 5. RELOCATION:No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. 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 Conciliation Conference is scheduled for Mwv 14,2013 at 8:30 a.m. BY THE COURT, J. cc: Hannah Herman-Snyder,Esquire, Counsel for Father Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO.2009-3973 CIVIL ACTION-LAW LYNSLEY ASHE KIRETA, Defendant IN CUSTODY PRIOR JUDGE: Albert H. Masland,J. 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Layna Marie Hurley October 12, 2008 Father 2. A Conciliation Conference was held in this matter on March 19, 2013, with the following in attendance: The Father, John Luke Mercier Hurley, with his counsel Hannah Herman-Snyder, Esquire and the Mother, Lynsley Ashe Kireta, with her counsel, Jessica Holst, Esquire. MidPenn Legal Services. 3. The Honorable Albert H. Masland previously entered an Order of Court dated November 26, 2012 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody on alternating weekends and every Wednesday overnight. 4. The parties agreed to an Order in the form as attached. Date �- 13 acrlineM. Verney, Esquire Custody Conciliator JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS 0F., ' Plaintiff CUMBERLAND COUNTY, PENNSYL ASIAE V. M� �- � NO. 2009-3973 CIVIL TERM r LYNSLEY ASHE KIRETA, -<> o � Defendant : CUSTODY �r STIPULATION FOR ENTRY OF CUSTODY ORDER THIS STIPULATION FOR ENTRY OF CUSTODY ORDER, made this day of Jjl_rte , 2013, by and between John Luke Mercier Hurley (hereinafter referred to as Father) and Lynsley Ashe Kireta, (hereinafter referred to as Mother), having reached an agreement regarding custody of the minor child, Layna Marie Hurley, born October 12, 2008, are jointly requesting the entry of the agreed upon terms as an Order of Court: 1. Father and Mother shall have shared legal custody of the minor child, Layna Marie Hurley. Each shall have an equal right, to be exercised jointly with the other, to make all major non-emergency decisions affecting Layna's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 PA.C.S. §5309 each party shall be entitled to all records and information pertaining to Layna including, but not limited to medical, dental, religious or school records, the residence address of Layna and the other party. 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 party within such reasonable time as to make the records and information of reasonable use to the other party. All shall be entitled to full participation in educational and medical/treatment planning meetings and evaluations with regard to Layna. Each shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. The parties shall be listed on all documents, paperwork, or forms for schools, medical providers and daycare to ensure that both parents are able to exercise their legal custody rights. Additionally, each 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. The parties agree that major decisions concerning Layna shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Layna's best interest. Each party agrees not to impair the other party's rights to shared legal custody of Layna child. Each party agrees not to attempt to alienate Layna's affections from the other party. Each party shall notify the other of any activity or circumstance concerning Layna that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of Layna child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding Layna back in school, authorizing enrollment in college, authorizing Layna's driver's license or purchase of an automobile, authorizing employment, authorizing Layna's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application.or exchange student status. The parties intend to parent Layna with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 2. Father shall have primary physical custody of Layna. 3. Mother shall have partial physical custody of Layna as follows: a. When Layna is enrolled in pre-school or enrolled in school: i. Week One (1): 1. Friday at 5:00 p.m. until Monday at 8:00 a.m. 2. On Friday evening Father will deliver Layna to Mother's custody and on Monday morning, Mother will deliver Layna to pre-school or school. 3. If Layna does not have pre-school or school on Monday morning, Mother shall deliver Layna to Father's custody at 5:00 p.m. on Monday evening. ii. Week Two (2): 1. Sunday evening at 5:00 p.m. until Monday at 8:00 a.m. 2. Mother shall be responsible for getting Layna from Father on Sunday evening and shall be responsible for delivering Layna to pre-school or school on Monday morning. 3. If Layna does not have pre-school or school on Monday morning, Mother shall deliver Layna to Father's custody at 5:00 p.m. on Monday evening. b. Summer: i. Starting on Mother's first custodial weekend in June when there is no pre-school or school in Week I Mother shall have custody of Layna from Thursday at 5:00 p.m. until Tuesday at 5:00 p.m. In Week 2 Mother will have custody of Layna from Sunday at 5:00 p.m. until Monday at 5:00 p.m. ii. Transportation shall be handled in the same manner as outlined above. iii. The summer schedule will end after Mother's first period of custody exercised pursuant to the Week One schedule, in August, and the.parties will then return to the school year schedule. 4. At all times, the child must be transported by a driver with a valid driver's license. 5. The parties agree to provide each other with a "right of first refusal" to ensure that if either parent is unavailable to exercise his/her custodial time it Layn due to wof- or e4te,. schedulingg conflictsvthe other parent will have the fir' p y qv.A s i e .. 04 yr a+11--� w (t- s cl..i d W 4-S for that time with Layna. Upon availability, parent who is to have cu dy shall regain custody of Layna for the remainder of his/her custodial time. 6. Holidays: The parties shall handle custody for holidays as follows: -- a. Easter: Mother shall have custody of Layna from 9:00 a.m. until 3:00 p.m. and Father shall have custody of Layna from 3:00 p.m. until 9:00 p.m. b. Thanksgiving: Mother shall have custody of Layna from 9:00 a.m. until 3:00 p.m. and Father shall have custody of Layna from 3:00 p.m. until 9:00 p.m. c. Christmas: The parties shall share Christmas such that in even numbered years, Mother shall have custody of Layna from Christmas Even at 12:00 noon until Christmas Day at 12:00 noon and Father shall have custody of Layna from Christmas Day at 12:00 noon until December 26th at 12:00 noon. In odd numbered years, the parties shall reverse this schedule. d. Mother's Day/Father's Day: Mother shall have custody of Layna every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and Father shall have custody of Layna every year on Father's Day from 9:00 a.m. until 6:00 p.m. e. The holiday custody schedule shall take precedence over the regular custody schedule. 7. Vacation: a. Each party shall be entitled to a week of summer vacation with Layna. This period of custody shall not be.added onto a regularly scheduled period of custody but shall include the normal period of custody. b. Either party wishing to exercise his/her vacation time must give the other parent 30 days' notice, in writing, as to when the vacation shall take place and shall provide the- other parent with all contact information about the vacation. This includes means of travel (car, air, train, bus, boat) and the times of travel; where Layna will be going; a telephone number and address where Layna will be staying and who will be going with her. The party to first request his or her period of custody shall be given first preference. c. The vacation schedule will take precedence over the regular custody schedule but will not override the holiday schedule. 8. The non-custodial parent shall be allowed reasonable telephone contact with Layna. The calls should not unreasonably interfere with Layna's routines and the custodial relationship between the parties and Layna. Each party shall promptly return calls from the other party and see to it that Layna returns the non-custodial parent's telephone call within a reasonable period of time. Telephone contact between the non-custodial parent and Layna shall be private and neither parent shall participate in the conversation by speaker-phone or by separate extension. 9. Both parents shall refrain from making derogatory comments about the. other parent in Layna's presence and shall prevent third parties from making such comments in Layna's presence (whether she is sleeping or awake) or in any manner whereby Layna might learn of same, or otherwise harass or interfere with the parent's periods of custody. Each parent should agree to refrain from encouraging Layna to provide reports about the other parent. Communication should always take place directly between the parents, without using Layna as an intermediary. Each parent should encourage Layna to send the appropriate holiday cards to the other parent. 10. During any period of custody, the parties to this order shall not possess, use or be under the influence of controlled substances or consume alcoholic beverages to the point of intoxication. Both parents shall likewise assure, to the extent possible, that other household members, caretakers and/or houseguests comply with this prohibition. 11. Relocation is defined as, any change in residence of Layna, which significantly impairs the ability of the non-relocating party to exercise custodial rights. No party shall be permitted to relocate Layna's residence to significantly impair the ability of the other to exercise custody UNLESS every individual who has custody rights to Layna consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. §5337(c). 12. The parents shall permit and support Layna's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for Layna which might interfere with regular visitation. If, after,discussion and agreement of the parties, Layna is registered or enrolled in an extracurricular activity,both parties shall have a copy of scheduled events and ensure Layna's attendance. 13. It is understood and stipulated by the parties that, upon mutual agreement, an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in Layna's best interests. In the case of a disagreement, the terms of this Agreement shall prevail. 14. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection in reaching this custody agreement. Father has been represented by Hannah Herman-Snyder, Esquire and Mother has been represented by Jessica C. D. Holst, Esquire. By executing this agreement, the parties hereto are expressing that they are each entering into this agreement with full understanding of the facts and his or her legal rights and obligations relative to custody of Layna. Each party acknowledges and accepts that this agreement is fair and equitable. Each party further acknowledges that the execution of this agreement is not the result of duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 15. The parties agree that this agreement shall be submitted to the Cumberland County Court of Common Pleas, for approval and for entry of an Order awarding custody as set forth herein. It is also the intention of the parties that this agreement be confirmed as an Order of Court, without requiring their presence before this Court, pursuant to Pa. Rule of Civil Procedure 1915.7. The parties further agree that this agreement replaces and supersedes all prior agreements and orders concerning custody of Layna and hereby request that this Stipulation be entered as an Order of Court. p 0'.- J n e Mercie H le sley she Kireta ai f Defendant Hannah Herman-Snyder o'6ssi tD Hoist Attorney for Father Attoi or Mother 200 North Hanover Street 401 East Louther Street Carlisle, PA 17013 Suite 103 Carlisle, PA 17013 JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-3973 CIVIL TERM LYNSLEY ASHE KIRETA, Defendant : CUSTODY ORDER AND NOW, this day of s�Gt� , 2013, upon consideration of the attached STIPULATION FOR ENTRY OF CUSTODY ORDER, it is hereby ordered that the terms and conditions of the stipulation are hereby made an order of this Court. By the Court, Albert H. Masland, Judge D* tribution: essica Holst, Esquire, 401 East Louther Street, Suite 103, Carlisle, PA 17013 ,Iannah Herman-Snyder, Esquire, 200 North Hanover Street, Carlisle, PA 17013 rn M *r zo , D �r --# CA) JOHN LUKE MERCIER HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3973 CIVIL ACTION - LAW LYNSLEY ASHE KIRETA, Defendant : IN CUSTODY rn ORDER OF COURT r- Tic) - C)� AND NOW, this 24th day of June, 2013, being advised that the parties have-I c6--7 reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ! ! s - Jacqueline M. Verney, Esquire, Custody Coneitor