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HomeMy WebLinkAbout09-4389STEVEN A. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM BETSY HURLEY, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY SA I[S, FWW]ER & LINDSAY ATR)RNM-AT•L'A 26 West High Street Carlisle, PA 1. Plaintiff is Steven A. Hurley, an adult individual currently residing at 907 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Betsy Hurley, an adult individual currently residing at 1419 Pleasant Drive South, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Aletha Ann Hurley, born July 19, 2005. The child was born during wedlock. For the past five years or since the child's birth, the child has resided with the following persons at the following address for the following periods of time. NAME ADDRESS DATE Steven A. Hurley 118 Mill Street birth to September 2005 Betsy Hurley Mt. Holly Springs, PA 17015 Steven A. Hurley 907 Petersburg Rd 9/2005 - 2/16/07 Betsy Hurley Carlisle, PA 17013 Steven A. Hurley 907 Petersburg Rd 2/2007 - present (shared custody) Carlisle, PA 17013 Betsy Hurley 654 N. Hanover St 2/17/07 - 05/05/07 JoAnne Franklin Carlisle, PA Betsy Hurley W. Lauman St. 05/2007-08/2008 Mt. Holly Betsy Hurley 1419 Pleasant Dr. South 08/2008 - present Mike Kitner Carlisle, PA The natural mother of the child is Defendant, who resides as aforesaid. She is single. The natural father of the child is Plaintiff, who resides as aforesaid. He is single. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the child at issue on a shared custody basis. 5. The relationship of the Defendant to the child is that of natural mother. The Respondent currently resides with her boyfriend and the child at issue on a shared custody basis. 6. The best interest and permanent welfare of the child would be served by granting the relief request because: a) Since the child's birth, Plaintiff (hereinafter referred to as "Father"), has been one of the child's primary caretakers, providing for all of her financial, emotional, physical and moral needs; b) Since the parties' separation, Father has exercised custody of the SAMIS, FLOWER & LINDSAY AT70RNEl'S•AT•IAW 26 West High Street Carlisle, PA child on a shared custody schedule; various schedules that Defendant (hereinafter referred to as "Mother") has chosen and requested that Father follow; c) Mother has modified the parenting schedule as recently as June 22, 2009, without requesting Father's input, and has attempted to decrease the amount of time that Father spends with the child; d) Father believes that the child's best interests would be served if she spent more time with him, not less; e) Father has remained the stable caregiver for the child, providing consistency in her routine and activities; f) Father believes the child needs more educational opportunities offered to her at this time, but is not able to introduce them due to Mother's refusal to allow Father to participate in these legal custody decision making issues; g) Father is concerned about Mother's ability to provide safe and stable care for the child on a regular and consistent basis, due to her failure to provide care for her and anger control issues that Father has seen; h) Based upon his concerns, Father believes it would be in the child's best interests for Father to exercise primary physical custody. SAIDIS, FWNWR & LINDSAY A7'IORNEy$•AT•IAW 26 West High Street Carlisle, PA 7. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons named below, who are meant to have or claim to have a right to custody or visitation of the child, will be given notice of the proceedings of this action and the right to intervene: None. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. 10. Notice of the filing of this Complaint has been provided to Defendant, at her last known address by regular mail. 11. There is no Judge previously assigned to this matter. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting him primary physical custody of the child. Respectfully submitted, Mar?feu tas, Es um Attorney . . #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY Al IUPJ4 -AT.1AW 26 West High Street Carlisle, PA STEVEN A. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM BETSY HURLEY, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: / 4 Oy STEVEN A. HURLEY, Plaintiff SAMIS, FLOWER & LINDSAY ATIORNEYS•AT•IAW 26 West High Street Carlisle, PA STEVEN A. HURLEY, Plaintiff V. BETSY HURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Betsy Hurley 1419 Pleasant Drive South Carlisle, PA 17013 Means of Service Regular U. S. Mail Date of Service (430/0Q SAIDIS, FLOWER & LINDSAY ATTORNEYS-AT•IAW 26 West High Street Carlisle, PA Dated: (` / -z `I /U( Mar3N u as, Esquire Attorney?t 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff OF THE 2909 JUN 30 f I Z- 1 ?t IBS. So PDAMY rk,?' a l? o? y STEVEN A. HURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4389 CIVIL ACTION LAW BETSY HURLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 09, 2009 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 Thursday, August 13, 2009 at 9:30 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. Gilro Es o. 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 20 9 U d i2: L a, Z?r ' SEP 1 12009 (n ~~ STEVEN A. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW BETSY HURLEY, NO. 2009-4389 Defendant IN CUSTODY COURT ORDER AND NOW, this / Y' day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Steven A .Hurley, and the mother, Betsy Hurley, shall enjoy shared legal and shared physical custody of Aletha Ann Hurley, born July 19, 2005. 2. Physical custody shall be handled as follows: A. The father shall enjoy physical custody on alternating weekends from Thursday after father's work until Monday morning when father shall deliver the child back to the mother. B. On the two weeks that father does not have weekend custody, father shall have custody from Wednesday evening after work until Saturday morning at 9:00 a.m. During this period of temporary custody on Thursday during the day, if father is not available during the day to take care of the child, father shall have the option of having his mother provide care for the child. If the grandmother is not available, the father shall deliver the child to mother during the day on Thursday and then pick the child up at the end of his work on Thursday. 3. Mother shall have physical custody of the minor child on the days that father does not have custody, with it being contemplated that this is a 50/50 physical custody arrangement under this schedule. 4. The holiday schedule shall be handled as follows: A. For the Christmas Holiday, the holiday shall be divided into two segments: Segment A shall be from December 24 at 2:00 p.m. until December 25 at 2:00 p.m. and Segment B shall be from December 25 at 2:00 p.m. until December 26 at 2:00 p.m. The parties shall alternate the Segments on the Christmas Holiday with the mother having Segment A in 2009 and the parties alternating consistent with that schedule. B. For the Thanksgiving Holiday, the parties shall split the day from 9:OOa.m. until 3:00 p.m. and from 3:00 p.m. unti19:00 p.m. The parties shall alternate this schedule with the mother having the morning segment in 2009 and the father having the afternoon segment in 2009 and the parties alternating thereafter. C. The parties shall alternate custody on Memorial Day, July 4 and Labor Day. Father shall have Memorial Day in 2009 and the parties shall alternate thereafter. D. For trick or treat, the parties shall alternate the evening with father having 2009 and the parties alternating thereafter. E. For the Easter Holiday, the day shall be divided into two Segments with Segment A being from 9:00 a.m. unti13:00 p.m. and Segment B being from 3:00 p.m. until 9:00 p.m. The parties shall alternate those Segments with mother having Segment A in 2010 and the parties alternating thereafter. F. Mother shall always have custody on Mother's Day and father shall always have custody on Father's Day. This provision shall supersede the custody schedule set forth above. 5. Each parent shall enjoy two non-consecutive weeks of vacation with the minor child. The parents shall attempt to give each other at least 30 days notice as to when they intend to exercise that vacation. 6. Exchange of custody shall be handled with the receiving parent picking up the child at the other parent's home or at some other mutually agreed upon location. 7. For purposes of this Custody Order, it is understood that the intention of the parties is that the child shall attend school in the Boiling Springs School District starting in the fall of 2010 with the parties to make arrangements for transportation and any other matters that need to be addressed in this Order at that time. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event the parties desire to modify this Order and the parties agree, the parties may proceed under such agreement. Absent an agreement, the parties shall follow the provisions of this Custody Order. In the event either parties desires to change the Order in the future, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, cc: arylou Matas, Esquire Gregory S. Hazlett, Esquire 4~~s f nq ~~ STEVEN A. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW BETSY HURLEY, NO. 2009-4389 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Aletha Ann Hurley, born July 19, 2005. 2. A Conciliation Conference was held on September 4, 2009, with the following individuals in attendance: The mother, Betsy Hurley, who appeared with her counsel, Gregory S. Hazlett, Esquire, and the father, Steven A. Hurley, with his counsel, Marylou Matas, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: ~' (~ , 2009 ~' l Hubert X. Gilroy, Esquire Custody Conciliator ~~~~~rj--~~ =~: c; 2009 SCP i S ~,1-~ ! ! ~ ~ ~ ~t. w~ ; i ~ i, ~r`a l I "JV ;rr,~;~;.