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HomeMy WebLinkAbout10-2913F+ f=' i ? kr jTA?1t KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com TIMOTHY E. BUSHEY, Plaintiff, vs. SHEENAH M. DORSEY, Defendant. 2010APPI ?IJ F'IN 1: 4 ?a rv , Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10 - IS CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, TIMOTHY E. BUSHEY, by and through his attorney, JULIE A. WEHNERT, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is TIMOTHY E. BUSHEY, an adult individual who currently resides at 40 Fox Hollow Road, Shermans Dale, Perry County, Pennsylvania 17090 (hereinafter "Plaintiff" or "Father"). Plaintiff will be relocating to his permanent address at 21 Regency Woods, North, Carlisle, Cumberland County, Pennsylvania 17015 on June 1, 2010. 2. The Defendant is SHEENAH M. DORSEY, an adult individual who currently resides at 21 Regency Woods, North, Carlisle, Cumberland County, Pennsylvania 17015. Defendant will be moving out of this residence on or before June 1, 2010. (hereinafter "Defendant" or "Mother"). ? i14.00 PP ATf Y Co 557$ 1 2# ay 1 430 3. Plaintiff seeks shared legal and primary physical custody of the following unemancipated child: Xander P. Bushey, born October 23, 2008. 4. Xander P. Bushey (hereinafter the "child") was born out of wedlock. 5. During the past two years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Timothy E. Bushey Sheenah M. Dorsey Timothy E. Bushey Edward Bushey Lynne Beckley 21 Regency Woods, North Carlisle, PA 17015 40 Fox Hollow Road Shermans Dale, PA 17090 Birth - 3/19/10 3/19/10 - present Sheenah M. Dorsey 21 Regency Woods, North 3/19/10 - present Carlisle, PA 17015 6. The father of the child is Timothy E. Bushey, currently residing at 40 Fox Hollow Road, Shermans Dale, Perry County, Pennsylvania, 17090. He is unmarried. 7. The mother of the child is Sheenah M. Dorsey, currently residing at 21 Regency Woods, North, Carlisle, Cumberland County, Pennsylvania 17015. She is unmarried. 8. The relationship of Plaintiff to the children is that of Father. Father currently lives with Edward Bushey, his father and Lynne Beckley, his step-mother. 9. The relationship of Defendant to the child is that of Mother. Mother currently resides alone. 10. There has been a temporary custody order as part of a final Protection From Abuse Order dated March 19, 2010 that grants custody of the minor child with Mother. 2 Defendant has periods of partial custody as agreed upon. Since the issuance of the PFA Order, Plaintiff has had majority physical custody of Xander. 11. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Plaintiff is requesting shared legal and primary physical custody of the child. 13. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Father has played the instrumental role in the raising of the child since his birth. As such, the child will benefit from continued physical custody with Father; (b) Father has concerns for the physical safety of the minor child while he is in the custody of the Mother; (c) Mother only exercises custody when it is convenient for her; she drops the child off with her grandmother to babysit during most of the times she exercises custody; (d) Mother does not properly bathe, dress or feed the child during her periods of physical custody. Mother is not attentive to the child's eczema which causes the child to have bad flares up of the skin condition; (e) Father is able to provide a stable home and emotional environment for the child; and 3 (d) Father has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: Award Plaintiff shared legal and primary physical custody of the child. Respectfully Submitted, PE & ASSOCIATES Dated: c . 3 110 lie A. Wehnert, Esq. 4 VERIFICATION I, Timothy E. Bushey, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: d1? a Timot .Bushey ci-