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HomeMy WebLinkAbout09-5788n OM & &U ULAKIS Alichelle L Sommer, Esquire Attorng LD. No.: 93034 2 West High Street Carlisle, Pennsyloania 17013 (717) 249-0900 TONY E. ALBRIGHT, Plaintiff V. MARLA L. ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 9- 57 $ 9 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is the Father, Tony E. Albright, who currently resides at 200 Grayson Circle, Shippensburg, Franklin County, Pennsylvania 17257. 2. Defendant is the Mother, Marla L. Albright, who currently resides at 390 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks partial custody of the following children: Name Address DOB Tevyn James Albright 390 Kerrsville Road 06/30/1994 Carlisle, PA 17015 Madison Renee Albright 390 Kerrsville Road 12/22/1998 Carlisle, PA 17015 i TONY ALBRIGHT, Plaintiff V. MARLA L. ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009 - 5788 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, MARLA L. ALBRIGHT, in the above captioned case. Respectfully submitted, IRWIN & KNIGH P.C. By: s Marcus cKnight, N"I 60 West o fret Street Carlisle, Pe sylvania 17 13 (717) 249-235 Attorney for defendant Date: September 23, 2009 TONY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009 - 5788 CIVIL TERM MARLA L. ALBRIGHT, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michelle L. Sommer, Esq. Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 By: IRWIN & A. GHT, P.C. III, 60 West Po fret Street Carlisle, PA 7013 (717) 249-2353-,---------- Supreme Court I.D. No. 25476 Date: September 23, 2009 TH. Pr 2 0 0 9 S E P 23 PPH 5 -+ 6. Tevyn and Madison were born in wedlock. 7. The children are in the primary custody of the Defendant, residing at 390 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17015. 8. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Tony & Marla Albright Address Norfolk, VA Date Tevyn: Birth to 1 year Marla Albright (Tony was on active duty overseas) Tony (returned home) & Marla Albright Tony & Marla Albright Newville, PA Moved in w/her parents while Tony was overseas Newville, PA 390 Kerrsville Road Carlisle, PA Te-,yn: 1 year to 3 years old Tevyn: 3 years to 4 '/z years Madison: Birth to 1 '/2 years old Tewn: 4 '/z y ears to present Madison: 1 '/a years old to present 9. The father of the children is Tony E. Albright, who currently resides at 200 Grayson Circle, Shippensburg, Franklin County, Pennsylvania 17015. 10. The mother of the children is Marla L. Albright, who currently resides at 390 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17105. 11. The mother and father of the children are currently divorced. 12. The relationship of Plaintiff to the children is that of Father. 13. The relationship of Defendant to the children is that of Mother. 14. The Plaintiff currently resides with: a. His wife, Amy Albright. 15. The Defendant currently resides with their minor children: a. Tevyn James Albright, (D/O/B: 6/30/94) b. Madison Renee Albright (D/O/B: 12/22/98) 16. 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. 17. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Father and Mother signed a Custody Stipulation on March 13, 2007 in which the parties had notarized but had not filed with the Court of Common Pleas of Cumberland County. (A true and correct copy of the Custody Agreement is attached hereto as Exhibit "A".) i. The Agreement clearly states that the "children will be visiting Tony and Amy Albright every other weekend from Friday at 7:30 p.m. until Sunday at 5:00 p.m." b. Since Christmas 2008, the minor children have visited with their Father and Step- Mother for a period of five (5) days, a clear violation of the Plaintiff's and Defendant's Custody Agreement. c. The Defendant's Grandmother, who raised him since he was three, passed away on August 14`h and was laid to rest on August 18`h; for that reason, he wanted to have his children with him during this difficult time. i. Father contacted Mother about having the minor children attend the funeral with him and his family since this was their Great-Grandmother and she stated that "she was sorry they will not be able to attend" the funeral. ii. Father's wife, Amy, even suggested that she could pick-up and drop-off the minor children so that Mother would not be inconvenienced from work that day so that the minor children could be with the family during this difficult time; however, she reiterated that that "she was sorry they will not be able to attend" the funeral. d. It is believed and therefore averred that the Defendant believes that the children are "old enough to make their own decisions" and if they do not want to visit with their Father for the day or even spend the night with him it is because "they can make up their own mind". e. It is believed and therefore averred that it is in the "best interest of the children" to spend time with their Father and since they are both minor children they are still required to abide by the Custody Agreement that was signed by their parents and/or an Order of Court once issued. 20. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant Shared Legal Custody of the minor children to the Plaintiff/Father and the Defendant/Mother, and Primary Physical Custody to the Defendant/Mother and Partial Physical Custody of the minor children to the Plaintiff/Father as was agreed to in the Custody Agreement that was previously signed by the parties on March 13, 2007. DATE U I2,I VA Respectfully submitted, ABOM&KUTULAKIS, L.L.P. &'ao?'Qe &-'.3 Michelle L. Sommer Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plainfi#' VERIFICATION I, TONY E. ALBRIGHT, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date _ TONY . ALBRIGH New Visitation Agreement Page 1 of 2 Parties involved: Marla Albright, Tony & Amy Albright Children: Tevyn James Albright, Madison Renee Albright State/Commonwealth of i) ' )SS. County off, lc?Li -?, } I /Y On this the day of _ 2007, before me, The undersigned Notary Public, personally appeared the following parties: Marla Albright, Tony Albright, Amy Albright Known to me (satisfactorily proven) to be the persons whose names are subscribed to this instrument, being duly sworn according to the law, attest they are voluntarily agreeing to the terms and conditions set forth concerning said children Tevyn James Albright, age 12, and Madison Renee Albright, age 8. Beginning the day of Mal 2007, parties agree that said children will be visiting with Tony & Amy Albright every other weekend from Friday at 7:30PM until Sunday at 5:OOPM. Tony & Amy Albright will be responsible for picking up and returning said children to their primary residence at the appropriate times. Either Tony or Amy Albright may pick up said children without incidence on said dates and times. It is understood that Amy Albright will be responsible for the well being of said children in the absence of their father, Tony Albright, during visitation, due to work and/or military requirements. Tony & Amy Albright agree that if said children have a school or church function that requires mandatory participation on their visitation weekend, they will provide transportation to and from function for said children providing that function is at a locale within 30 miles of children's primary residence. All parties agree to be flexible on any weekend for special social events, provided a minimum of one calendar week notice is given, unless otherwise agreed upon by all parties. Additional visitation (above and beyond scheduled weekends and holidays) may be arranged provided parties agree to said additional visitation in advance. E3HBIT Page 2 of 2 Regarding holidays, 6 (six) major holidays will be recognized for visitation: (1) New Year's Day, (2) Memorial Day, (3) Independence Day, (4) Labor Day, (5) Thanksgiving Day, (6) Christmas Day. Parties will have said children for 3 (three) major holidays per year unless otherwise agreed upon in advance. Holidays will alternate yearly in the following fashion. if said children are with one party for holidays 1, 3, and 5 this calendar year, then the following calendar year, the children are with that party for holidays 2, 4, and 6. Visitation on minor holidays such as Easter, Christmas Eve, New Year's Eve, etc., shall be agreed upon by all parties in advance. Summer vacations will be agreed upon by all parties in advance. Should extenuating circumstances occur (uncontrollable or unforeseen life events such as death in the family, mandated by employer, military leave, or serious illness), parties shall inform each other in. a timely fashion to set forth new arrangements for visitation or forgo visitation for said dates and times, as needed and agreed upon.. Said children have the right to decline visitation with Tony & Amy Albright for any said weekend provided a minimum of 48 hours notice is given. All p ies a ee to new visitation agreement herein and willfully sign on this day of V? 2007. arla Albright r Tony/ Albright y lbright In witness thereof, I hereunto set my hand and official seals. le of Officer COMMONWEALTH OF PENNSYLVA141A NOTARIAL SEAL LAUREN R. ASSISE, Notary Public Shippensburg Twp., Cumberland Counly My Commission Expires Aug. 25, 2009 CERTIFICATE OF SERVICE AND NOW, this 21" day of August, 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Marla Albright 390 Kerrsville Road Carlisle, PA 17015 Respectfully submitted, ABOM&KUTULAKr,? L.L.P. Michelle L. Sommer', Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff FILE OF 2019 AUG- 21 F`r 2: 3 9 Cwt,;. -Pd. 6&, s /GS, so G!2 i 7 F .Z dd„ a 0 9 G LIZ) TONY E. ALBRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLA L. ALBRIGHT DEFENDANT 2009-5788 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 26, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 02, 2009 at 2:30 PM 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/ John J. Mangan, Jr., 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 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 ALED-"01 E+ ,io ?? .,re ? itY+l_ 2009 AUG 28 PH 2: L ! ENI\ "Ti.Vlil"=!,?i, OCT 15 2009 4 TONY E. ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5788 CIVIL ACTION LAW MARLA L. ALBRIGHT, IN CUSTODY Defendant ORDER OF COURT AND NOW this /9' day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Tony Albright, and the Mother, Marla Albright, shall have shared legal custody of Tevyn J. Albright, born 06/30/1994 and Madison R. Albright, born 12/22/1998. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 10/17/09, Father shall have physical custody of Madison every other weekend from 8:00 am Saturday until 5:00 pm Sunday and Father shall have custody of Tevyn Sunday from 8:00 am until 5:00 pm. b. Mother shall transport the Child/ren to Father's residence for the 8:00 am exchanges and Father shall drop the Children off at 5:00 pm Sunday at Mother's residence. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (co-parenting counseling) with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. For Thanksgiving 2009, Father shall have some custodial time around Thanksgiving Day as the parties may arrange. 6. Vacation: Summer vacations shall be agreed upon by all parties in advance. In the absence of agreement, vacation shall be addressed at the status conference with the assigned conciliator. 7. Neither party may say or do anything, nor permit a third party to do or say anything, that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Should any concerns or issues arise regarding custody before the scheduled conference, either party may contact the conciliator for a telephone conference. 10. A conference with the assigned conciliator is hereby scheduled for January 5, 2010 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. 11. This Order is entered pursuant to 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, Z Di tribution: arcus McKnight, Esquire ,>11 chelle Sommer, Esquire ,Jthn J. Mangan, Esquire J HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day Asagreed Memorial Da Asagreed Mother Father Independence Day Father Mother Labor Day Mother Father Thanksgiving Day Father Mother Christmas Eve Father Mother Christmas Day Mother Father New Year's Eve As agreed New Year's Day Father Mother Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father TONY E. ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5788 CIVIL ACTION LAW MARLA L. ALBRIGHT, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tevyn J. Albright 06/30/1994 Primary Mother Madison R. Albright 12/22/1998 Primary Mother 2. A Conciliation Conference was held with regard to this matter on October 2, 2009 with the following individuals in attendance: The Mother, Marla Albright, with her counsel, Marcus McKnight, Esq. The Father, Tony Albright, with his counsel, Michelle Sommer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. fC> f ? - Date John J: squire Custo C nciliator FILFC- i 2099 OC i 19 PM 3: 28 t ttl? ._ `J Y