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Home My WebLink About05-6210 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com Attorneys for Plaintiff TRAVIS L. HURST, Plaintiff IN THE COURT OF COMrv10N PLEAS CUMBERLAND COUNTY, . PENNSYLVANIA v. NO. 05. (",..)/0 NICOLE A. HURST, Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Travis L. Hurst, who currently resides at 5447 Rqlling Road, Chambersburg, Franklin County, Pennsylvania, 17201. 2. Defendant is Nicole A. Hurst, who currently resides at 1262! Hunters Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff seeks legal custody and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH 6/26/01 Madison N. Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17055 and 5447 Rolling Road Chambersburg, PA 17201 4. The child was born out of wedlock. 5. The child is presently in the shared custody of Plaintiff and Defendant at the above addresses. 6. During the past five years, the child has resided with the following persons at the following addresses: Nicole Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17050 TIMEf PERIOD 6/26~01-present LIST ALL PERSONS LIST ALL ADDRESSES Travis Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17050 6/26Ao 1-10/6/05 Travis Hurst 5447 Rolling Road Chambersburg, PA 17201 7. The Mother of the children is Defendant, and she is currently residing at 1 0/6~05-present 1262 Hunters Ridge Drive, Mechanicsburg, Cumberland County, Penns~lvania, 17050. She is married. 8. The Father of the children is Plaintiff, and is currently residirg at 5447 Rolling Road, Chambersburg, Franklin County, Pennsylvania, 17201. He is married. 9. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Darlene Hurst Grandparent 10. The relationship of Defendant to the children is that of MotHer. Defendant resides with the following persons: NAME Madison N. Hurst Patrick O'Brien RELATIONSHIP Daughter Son 11. Plaintiff has not participated as a party or witness, or in andther capacity, in other litigation concerning the custody of this child in this or another cdurt. 12. Plaintiff does not know of a person nor a party to the procelldings who has physical custody of the child or claims to have custody or visitation rightsl with respect to the child. 13. The best interest and permanent welfare of the child will b~ served by granting the relief requested because: (a) The parties have had shared physical custody of th~ child since separation; (b) Defendant has now begun to unilaterally prevent co~tact between Father and child, to the child's detriment; (c) Father provides a more stable presence for the chilq; (d) Other reasons which may more fully appear at hearihg. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custotly or visitation of the child. WHEREFORE, Plaintiff requests the Court to grant him sharedllegal custody and shared physical custody with rights of partial custody to Defendant. i , , McNEES WALLACE & N~RICK LLC Dated: December L, 2005 , , ,\ .C bra D.,can r I.D. No. 66378 100 Pine Street P.O. Box 1166 i Harrisburg, PA 1~108-1166 (717) 232-8000 I (717) 237-5300 (f~X) Attorneys for Plaintiff, Travis M. Hurst By VERIFICATION Subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: December / ,2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 2nd day of December, 2005, a true and correct copy of the foregoing document was served by certified mail, return receipt requested, restricted delivery, and by first class mail upon the following: Nicole A. Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17050 by 1 t~,\/(~-L i '-. ,) Debri[)yantor i Of Counsel for Plaintiff ('~) o ,. .- , ~.~ " - " (~ '"" , '-... ........1 , ~, "^: ~ c<) ~ I ~""'l f'.._) r'~ ------.. '-.. ~ N -<::: '" .z ., '-A -, Vi "', 4: ~ 1-..i '0 TRAVIS L. HURST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6210 C[VIL ACTION LAW NICOLE A. HURST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, January 20, 2006 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 detine 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 confcrcnce. Failurc 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 tbe conciliator 48 bours prior to scheduled hearing. FOR THE COURT. By:~/ Melissa P. Greevy, Esq. Custody Conciliator 1l~ 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 ofIlce. 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 HA VE 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, Pcnnsy[vania 17013 Telephone (717) 249-3 [66 ~~ j!. /fT"'" "'"'/ ji1!r <:1 }?/f/ .2 /'i!r~ ~{.I, 5'<:?- (7- 1':( ~ fr ?- ~ ~/..W P9 5/l(7C/ f' i"' . ~ ~ '.' ~ ,/:;l 'jl ' ,~ Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 Telephone: (717) 540-9170 Facsimile: (717) 540-5481 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS L. HURST PLAINTIFF v. NO. 05-6210 CIVIL TERM NICOLE A. HURST, DEFENDANT CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, Nicole A. Hurst, in the above-captioned matter. Respectfully requested, /J-d'1-Q5 Date SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. Q~~ Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 ...., c-::') c:.:::> c.n C:J f"''l r~j ro..} CD (:) -11 ::;I r't"1f2 l""" 'T .- ~~. ') ~',T:' t1 -< r:-? p..) (.., ~, ] TRAVIS L. HURST, IAN 1 3 L~lJb IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6210 CIVIL TERM v. CIVIL ACTION - LAW NICOLE A. HURST, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1. ~ td day of January, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The parties, Travis L. Hurst and Nicole A. Hurst, shall have shared legal custody of the minor child, Madison N. Hurst, born June 26,2001, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Shared Physical Custody. The parties shall share physical custody on the following basis: A. Father shall have custody on Monday and Wednesdays overnight until the following morning. B. Commencing Friday, January 6, 2006, Father shall have custody on alternating weekends from Friday after work until Tuesday at noon. C. In the event that Father has to work on Wednesday evenings, Mother will have custody of Madison. If, after Mother has received her work schedule, she would like to trade a Friday overnight period of custody for a Wednesday overnight period of custody on the week prior to her custodial weekend with Patrick, she will contact Father with her request no later than Monday prior to her weekend. This arrangement has been made to accommodate the child's ability to participate in a regular family event with Mother on Wednesday evening. . ", NO. 05-6210 CIVIL TERM D. The parties will accommodate each other's request for the child to attend parental or sibling's/half-sibling's birthday celebrations. E. The parties are encouraged to be cooperative with each other in trading time to accommodate each other's work schedules and maximize their availability to parent the child. F. The parties will exchange their work schedule on a regular basis as soon as possible after it has been received by them. G. When Father does not have custody, Mother shall have custody. 3. With regard to Tuesday morning custodial exchanges, these exchanges shall occur at Karns Grocery Store. However, in the event that Father does not have to work until the late shift on Tuesdays, Mother will provide transportation by picking up Madison at Father's home at noon. Upon the happening of Father's relocation to the Camp Hill/Mechanicsburg area, transportation will be shared by the parent receiving custody providing transportation at the time of the custodial exchange. 4. In the event either party is unavailable to provide care for the child during his or her period of custody for periods of four (4) hours that occur on Fridays through Sundays, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 5. Neither party shall relocate more than thirty (30) miles from Mechanicsburg, Pennsylvania without sixty (60) days' notice to the other party. 6. Both Father and Mother shall keep the other parent apprised of the location of the child during their custodial periods if the child is not staying overnight at the parents' home or if they are traveling in excess of fifty (50) miles from the parents' home. Telephone numbers where the child can be reached shall be provided at all times. 7. Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence or earshot of the minor child such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to refrain from making disparaging remarks regarding the other parent in the presence of the child. 8. schedule: Holidavs. The following holiday schedule shall supersede the regular . - NO. 05-6210 CIVIL TERM A. The parties shall alternate Memorial Day, Labor Day and 4th of July, with Mother having Mernorial Day 2006 and the parties alternating thereafter. B. The parties shall share the Christmas holiday as follows: Mother shall have Christmas Eve until 12:00 p.m. on Christmas Day each year; Father shall have custody at 12:00 p.m. on Christmas Day until December 26 at 12:00 p.m. each year. C. Each year, Mother shall have Thanksgiving from Wednesday at 2:00 p.m. until Thursday at 2:00 p.m. Father shall have custody on Thanksgiving Day from 2:00 p.m. until Friday morning. D. Each year, the parties shall share the Easter holiday, with Mother having custody from the Saturday night before Easter, at 4:00 p.m. until Sunday at 4:00 p.m.; Father shall have custody from Sunday at 4:00 p.m. until Tuesday morning. E. Each year, Mother shall have custody on Mother's Day, and Father shall have custody on Father's Day. The custodial period for these holidays shall run from 9:00 a.m. until 7:00 p.m. F. Each year, Mother shall have custody on New Year's Eve until New Year's Day until 4:00 p.m. Each year, Father shall have custody for New Year's Day from 4:00 p.m. until January 2 at 4:00 p.m. 9. The vacation schedule shall supersede the regular schedule, Each party shall be entitled to three (3) non-consecutive weeks of vacation in the summer. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. BY THE COURT: ~~~ , J. Dist: ]fa A. Boyanowski, Esquire, Suite 201, Linglestown Road, Harrisburg, PA 17110-9670 \'~ o /,; .,,';) r :"i:? !!:J [21:','1" SC0.l iL :H Plaintiff ,I^N 1 :UUUb ,H. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS L. HURST, v. NO. 05-6210 CIVIL TERM NICOLE A. HURST, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Madison N. Hurst June 26, 2001 Mother and Father 2. Father filed a Custody Complaint on December 2, 2005. The Custody Conciliation Conference was convened on December 29, 2005 with the following individuals in attendance: the Father, Travis L. Hurst, and his counsel, Deborah Denison Cantor, Esquire; the Mother, Nicole A. Hurst, and her counsel, Cara Boyanowski, Esquire. 3. The parties reached an agreement in the for rder as attached. tJo/{)~ Date Melissa Pee Greevy, Esquire Custody Conciliator MPG:mls:266198