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HomeMy WebLinkAbout01-1584NATALIE S. PETTY, Plaintiff JOSHUA W. PETTY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-/ff'~ '{ CIVIL TERM : : CIVIL ACTION - LAW : 1N CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Natalie S. Petty, an adult individual currently residing at 327 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Joshua W. Petty, an adult individual currently residing at 121 Third Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff is the natural mother of the children, Jaret Matthew Petty, born April 13, 1999; and Braden Andrew Petty, born December 23, 2000. The children were bom in wedlock. Since birth, the children have resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Natalie S. Petty 22 W. Glebe Ave Birth to Joshua W. Petty Newville, PA August 1999 10 Cherry Street Newville, PA Natalie S. Petty Joshua W. Petty Maternal Grandfather 327 E. Louther Street Carlisle, PA Natalie S. Petty Joshua W. Petty August 1999 to October 2000 October 2000 to January 1, 2001 Natalie S. Petty 327 E. Louther Street January 1, 2001 to Carlisle, PA present married. 7. married. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is The natural Father of the children is the Defendant, who resides as foresaid. He is 8. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides with two roommates. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The 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 children. WHEREFORE, the Plaintiff, Natalie S. Petty, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. pectfully s mitted, ' Date:'--~- / ~''~ ( ~ S.~Die~, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. NATALIE S. PETTY, Pldmffff NATALIE S. PETTY PLAINTIFF V. JOSHUA W. PETTY DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1584 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, March 23, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2001 at 9:30 a.m. 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. Failm'e to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Is~ Hubert X. Gilroy. £sq Custody Conciliator The Court of Common Pleas of Cumberland Cotmty 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NATALIE S. PETTY, Plaintiff JOSHUA W. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-/d¥~' CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000 upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , Pennsylvania, on the day of , 2000, at o'clock .m. 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 be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 NATALIE S. PETTY : PLAINTIFF : V. : JOSHUA W. PETTY : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 1584 CIVIL TERM CIVIL ACTION--LAW 1N CUSTODY PEITIION FOR MODIFICATION JOSHUA W. PETTY NATALIE S. PETTY 1. Plaintiff is Natalie S. Petty, an adult individual currently residing at 327 E. Louther St., Carlisle, Cumberland County, PA 17013. 2. Defendant is Joshua W. Petty, an adult individual currently residing at 26 W. Glebe Ave, Newville, Cumberland County, PA 17241. 3. The defendant is the natural father of the children, Jaret Matthew Petty, born April 13, 1999, and Braden Andrew Petty, born December 23, 2000. 4. Since birth the children have resided with the following persons at the following addresses for the following lengths of time. NAME ADDRESS DATES 22. W. GLEBE AVE BIRTH TO NEWVILLE, PA 17241 AUGUST, 1999 JOSHUA W. PETTY NATALIE S. PETTY MATERNAL GRANDFATHER 10 CHERRY ST. NEWV[LLE, PA 17241 AUGUST, 1999 TO OCTOBER, 2000 JOSHUA W. PETTY NATALIE S. PETTY 327 E. LOUTHER ST. CARLISLE, PA 17013 OCTOBER, 2000 TO JANUARY, I 2001 NATALIE S. PETTY 327 E. LOUTHER ST. CARLISLE, PA 17013 JANUARY, I 2001 TO PRESENT As of May 11, 2001, it was decided that the Father will enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed upon by the mother. It was also noted that the father was not in attendance of the custody conciliation conference. The father begs the court to recognize that notice of the conference was later (after the conference took place) found to be sent to the wrong address. The father's address is 26 West Glebe Ave. Newville, Pa. 17241, not 121 Third Street Boiling Springs, Pa. 17007. Therefore, prior to the conference, the father did not know about it. The father also wishes the court to recognize that the father received a phone call ~om Natalie S. Petty the morning of the conference at apProximately 8:40 am, notifying him of the conference. The father was told at that time by Natalie S. Petty that she would try to reschedule the conference and would let Mr. Petty know the time and date later that day. The father called Mrs. Petty later that day and was informed that a decision was made without him and the mother was granted full custody of the children~ THE FATHER IS PETITIONING THE COURT FOR MODIFICATION OF CURRENT CUSTODY FOR THE FOLLOWING REASONS: 1. The father did not receive notice by mail of prior custody conciliation. 2. Father has repeatedly tried under the current custody to work out visitation and overnight visits with children but mother refuses. 3. Father has close loving and emotional bond with BOTIt children and would like to continue fatherly responsibilities throughout the boys' lives. 4. It will be detrimental now and later to father's relationship, bond, and responsibilities with the children. FATHER WISHES THE COURT TO GRANT THE FOLLOWING CUSTODY: 1. Father will have the children every Tuesday and Thursday evening fi.om 5 pm until the following morning at 7:30 am. 2. Father will enjoy every other weekend beginning Friday evening at 5 pm., and ending Monday morning at 7:30 am. 3. Father and Mother shall share the children on their respective birthdays. 4. Father will have both children every other Thanksgiving. Mother will enjoy every other Thanksgiving that the father doesn't have the children. 5. The father will enjoy the children every other Christmas for the whole day. On the years that the father DOES have them, he will get them around bedtime Christmas eve. So that the children can wake up Christmas morning at the father's home, and on the year's that the father DOESN'T have the children on Christmas day, he shall enjoy them Christmas eve fi.om morning until bedtime Christmas eve. 6. (Same as number 5 with New Year's eve. and day) 7. All other holidays that the father and mother have off work or school shall be alternated as they fall throughout the year. Example: If the father has the children for Memorial Day, then the next holiday is the Fourth of July. The mother will enjoy the children that day. 8. Father will have the children on Father's Day and the mother will enjoy the children on Mother's Day. (no matter who's weekend it happens to be) FATHER BEGS THE COURT TO GRANT THE ABOVE CUSTODY. NATALIE S. PETTY PLAINTIFF V. JOSHUA W. PETTY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1584 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 20, 2001 , 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 Friday, July 20, 2001 at 10:30 A.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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 ennference. 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. Gilroy, Esq.lJP 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 TH1S 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NATALIE S. PETTY, Plaintiff V JOSHUA W. PETTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 - 1584 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~._~_'~day of May, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Natalie S. Petty, and the Father, Joshua W. Petty, shall enjoy shared legal custody of Jaret Matthew Perry, bom April 13, 1999; and Braden Andrew Petty, born December 23, 2000. 2. Mother shall enjoy primary physical custody of the minor children. Father shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed upon by the Mother. It is noted that the Father was not in attendance at the Custody Conciliation Conference which formed the basis of this Order. In the event the Father desires to modify this Order, Father may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. cc: Thomas S. Diehl, Esquire Joshua W. Petty 121 Third Street Boiling Springs, PA 17007 Joshua Petty 26 West Glebe Avenue Newville, PA 17241 NATALIE S. PETTY, Plaintiff V JOSHUA W. PETTY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW NO. 01 - 1584 CiVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Jaret Matthew Perry, bom April 13, 1999; and Braden Andrew Petty, bom December 23, 2000. A Conciliation Conference was held on May 4, 2001, with the following individuals in attendance: The Mother, Natalie S. Petty, with her counsel, Thomas S. Diehl, Esquire. The Father did not attend. However, the Conciliator had in his file correspondence from Attorney Samuel W. Milkes who previously represented the Defendant. Attorney Milkes indicated that he had sent the Custody Complaint and Notice of the Conciliation Conference to Mr. Petty. The Mother indicates that the parties have been separated since January 1, 2001 and that she has primary physical custody. She also indicates that she is working with the Father with respect to providing Father periods of temporary custody. 4. The Conciliator recommends the entry of an order in the form as attached. DATE JUL 1 NATALIE S. PETTY, Plaintiff v JOSHUA W. PETTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 1584 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~'~' day of (Q ~ ~\'~ ~.~/c~ , 2001, upon consideration of the attached Custody Co~ation Report, it is ordered and directed as follows: 1. This court's prior order of May 11, 2001 is modified as follows: Ao Father's periods of temporary custody shall be on alternating weekends from Friday at 5:00 p.m. until Monday morning at 7:30 a.m. Father shall pick the children up on Friday evening and shall return them to the Mother on Monday morning. In the event Mother desires to take the children to church on Sunday and Father is not out of town with the children, Father will make arrangements to make the children available to Mother to pick up the children for church and then to deliver the children back to Father after church. Bo Father shall also exercise custody with the minor children on every Tuesday and Thursday evening from 5:00 p.m. until 9:00 p.m. o The parties shall meet again for another custody conciliation conference on the 11th day of October, 2001 at 8:30 a.m. At this time, the parties will address the issue of Father possibly having overnight visitation during weekdays and also addressing issues such as holidays and other matters. The parties are encouraged to negotiate between themselves in advance of this custody conciliation conference in an effort to work out a permanent schedule. In the event the parties work out a permanent schedule, they can advise the conciliator that the conciliation conference is not necessary. /¢.fdV s y Oler~ cc: Thomas S. Diehi, Esquire Joshua W. Petty 26 West Glebe Avenue Newville, PA 17241 NATALIE S. PETTY, Plaintiff V JOSHUA W. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01- 1584 CIVIL : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Jaret Matthew Petty, born April 13, 1999; and Braden Andrew Petty, born December 23, 2000. o A Conciliation Conference was held on July 20, 2001, with the following individuals in attendance: The Father, Joshua W. Petty, who appeared without counsel; and the Mother, Natalie S. Petty, with her counsel, Thomas S. Diehl, Esquire. Based upon the conciliator's recommendation, the par~ies are willing to enter into the attached temporary order. DATE NATALIE S. PETTY, Plaimiff V JOSHUA W. PETTY, De~bndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : : NO. 01 - 1584 CIVIL : IN CUSTODY COURT ORDER AND NOW, this /'"?v'~tday of October, 2001, the conciliator appearing for the conference scheduled on October 11, 2001 and none of the parties appearing, the conciliator relinquishes jurisdiction. BY THE COURT, Esquire