HomeMy WebLinkAbout05-4451
LARRY L HARMAN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- 'I'f~1 ~ ~
CNIL ACTION - LAW
KELLI S. HARMAN,
Defendant
IN CUSTODY
PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY
1. Plaintiff is Larry L Harman (hereinafter, "Father"), an adult individual currently
residing at 1250 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant is Kelli S. Harman (hereinafter, "Mother"), an adult individual currently
residing at 5455 Bonnyrigg Court, Mechanicsburg, P A 17050.
3. Plaintiff seeks custody of the children, Trevor Lee Harman and Rachel Marie
Harman, who were born on October 22, 1991, and December 18,1995, respectively. The children
were not born out of wedlock.
4. Since their birth, the children have resided with the following persons at the following
addresses for the following periods of time:
Dates
Location
Persons
1999 to January 2003
5455 Bonnyrigg Court, Parties
Mechanicsburg
January 2003 to October
2004
5455 Bonnyrigg Ct, Mother (60%)
Mechanicsburg
36 Pine Rd, Abbottstown
Father and his parents (40%)
October 2004 to Present
1250 Cross Creek Drive, Father and wife (55%) and
Mechanicsburg, and 5455 Mother and boyfriend (45%)
Bonnyrigg Court,
Mechanicsburg
5. The relationship of the Plaintiff to the children is that of father. He is married and
living separately. The Plaintiff currently resides with the following:
Name
Angie Harman
Trevor Lee Harman
Relationship
Wife
Son
Rachel Lee Harman Daughter
6. The relationship ofthe Defendant to the child is that of Mother. She is divorced and
living separately. The Defendant currently resides with the following:
Name Relationship
Terry Lavinski Boyfriend
7. The parties have not participated in previous litigation concerning the custody ofthe
children in this court or any court.
8. Father has no information of a custody proceeding concerning the children pending
in any other court.
9. The best interest and permanent welfare of the children will be served by granting
primary physical custody to Father because: Father can provide a stable and nurturing environment
for his children.
10. Father does not know of any person not a party to these proceedings who claims to
have custody or visitation rights with respect to the children.
WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing
at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff
requests temporary custody.
MARTSON DEARDORFF WILLIAMS & OTTO
B\D;J~q"ire
Ten East High Street
Carlisle,PA 17013
(717) 243-3341
Date: 0\ 1q lD S
Attorneys for Plaintiff
VERlFICATION
The foregoing Complaint to Confirm Custody is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the Complaint and to the extent that the document is based
upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the content ofthe document is that of counsel,
r have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if r make knowingly false
averments, I may be subject to criminal penalties.
f~ I J~a-
Larry 1. Hannan
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RECEl'iED sr:? 2 7 2005t I'y
LARRY L. HARMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2005-4451 CIVIL TERM
KELLI S. HARMAN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of 0 (,1 . , 2005, upon
consideration ofthe attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The Father, Larry 1. Harman, and the Mother, Kelli S. Harman shall have
shared legal custody of Trevor Lee Harman, born October 22, 1991 and Rachel Marie
Harman, born December 18, 1995. Each parent shall have an equal right, to be exercised
jointly with the other parent, 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.
2. The parties shall have shared physical custody on a week on/week off
basis. The exchange day shall be Friday. At the beginning of Mother's week, exchange
shall occur after school; At the beginning of Father's week, exchange shall occur at 8:00
p.m.
3. During Mother's non-custodial week, she shall have physical custody of
the children on Wednesday and Friday evenings from after school to 8:00 p.m.
4. During Father's non-custodial week, he shall have physical custody of the
children on Tuesday and Thursday evenings from after school to 8:00 p.m.
5.
9:00 p.m.
Father shall have physical custody on Thanksgiving from 9:00 a.m. to
6. Christmas shall be divided into two Blocks. Block A shall be from
Christmas Eve at 5:00 p.m. to Christmas Day at 5:00 p.m. Block B shall be from
Christmas Day at 5:00 p.m. to December 26 at 5:00 p.m. Mother shall have Block A in
2005. Father shall have Block B in 2005.
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7. The parties shall cooperate with a custody evaluation by a custody
evaluator selected by counsel. Father shall pay for the evaluation, but reserves the right
to ask the Court to apportion the cost ofthe evaluation.
8. 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. Counsel
for either party may contact the conciliator for another conciliation conference once the
evaluation is complete.
BY THE COURT,