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HomeMy WebLinkAbout06-1402 RICHARD F. PARSONS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 '/7'd2cIVIL TERM HEATHER L. HUBBARD, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is RICHARD F. PARSONS, JR., an adult individual currently residing at 206 Steelstown Road, Cumberland County, Newville, PA 17241. 2. The defendant is HEATHER L. HUBBARD, an adult individual currently residing at 208 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of a minor child, namely ETHAN ALEXANDER HUBBARD (born December 20,2005). 4. The parties have never resided together, are not married, were not married at the time of the birth of the child and the child has resided with the mother since the child's birth in a home owned by the Father. 5. The plaintiff has not participated as a party, witness or in any other capacity in any other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the defendant have primary physical custody of the child and that the plaintiff have temporary physical custody of the child in accordance with a schedule that may be agreed upon at a custody conciliation or as decided by the Court after a hearing to be held hereon. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. HAROLD S. IRWIN, III Attorney for Plaintiff March 10, 2006 VERIFICATION I hereby verify that the acts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. March 10, 2006 1/2 (SEAL) ~~ ~~ "- ~~ f-S;. ~, VJ ~ "- --- '}J B ~ ~ ~ I . j "- v... ~; ~ ~ "-J ~~ .). 0 )" ~~ '~ I K: ~ ~~ ~ k 1'" , i '[,'.., c.': '-""" - + RICHARD F. PARSONS, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1402 CIVIL ACTION LAW HEA THER L. HUBBARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 15,2006 , upon consideration of the attached Complaint, it is hereby directed that partics and their respective counsel appear hefore Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County_fourt:!touse, Carlisle on Monday, April 03, 2006 at _9:3~~M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolvc 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. 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: ~~cqueline M. Vernev,~ .. wJ Custody Conciliator f- 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 (0 disabled individuals having business before the court, please contact our omce. 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 A TTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3 J 66 _ ..pf /fr'1;yl P -- ~~ 4/'9 - -# % ~ .~~ ~~.t~&hW?'~9 \;lIN'd,l\l\SNN:Jd ll~d(v-"r ~"\, .._ ...1 1\ n""I,' , ',_!~{ ';..::~C~ifiJr'\~ _.,-, ,~,t H 'V I 2 : IIl-lV 91 ~VW 900l AtJVlGi-iCH.l:fid 3Hl '0 -,,..,,~ ,,.., '..I'n. :J '::h.1)_-,:.I,,)...:111::1 Qif..7/ f' <jif. .'}/ {- 'ii/ c:;/ . [ v ) RICHARDF. PARSONS, JR., Plaintiff MAY 1 7 2006 [ . '~ ..~~~~- ~ ~~~cc __. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1402 CIVIL ACTION - LAW HEATHER L. HUBBARD, Defendant f,::;;-. IN CUSTODY ORDER OF COURT 'l~ AND NOW, this \1 day of t\e.l ,2006, upon consideration of the attached Custody Conciliation eport, It IS ordered and directed as follows: l. The Father, Richard F. Parsons, Jr. and the Mother, Heather L. Hubbard, shall have shared legal custody of Ethan Alexander Hubbard, born December 20,2005. 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 his health, education and religion. Pursuant to the terms ofPa.C.S. ~5309, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back -to-school nights, and the like. 2. Mother shall have primary physical custody of the child and may relocate to New York as of June 10,2006. child: 3. Father shall have the following periods of partial physical custody of the A. Beginning May 16, 2006 every Tuesday and Thursday evening from 5:00 p.m. to 8:00 p.m. This shall continue until June 10,2006. B. Beginning May 19,2006 every weekend, alternating from Friday overnight to Saturday one weekend and the next weekend Saturday overnight to Sunday, both from 5:00 p.m. to 5:00 p.m. The June 9th weekend shall be from Friday to Saturday. C. Beginning June 23, 2006 alternating weekends from Friday at 8:00 p.m. to Sunday at 5:00 p.m. D. Anytime Father is in New York, Mother shall provide a block of time to Father. 4. The parties shall share holidays as agreed, except for the following: A. Mother shall always have physical custody of the child on July 4th. B. Father shall always have physical custody of the child on the Labor Day weekend C. Thanksgiving shall be alternated with Mother having even numbered years and Father having odd numbered years. D. Christmas shall be divided into two Blocks. Block A shall run until Christmas Day at 5:00 p.m. and Mother shall always have Block A. Block B shall be from Christmas Day at 5:00 p.m. to December 28 at 12:00 noon. Father shall always have Block B. 5. Transportation shall be shared such that the parties or their designee shall exchange custody of the child at the New York Welcome Center northbound on 1-81 near Binghamton, New York. 6. 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. BY THE COURT, ,~~\ J. c~old S. Irwin, III, Esquire, Counsel for Father .,J(5hnna J. Kopecky, Esquire, Counsel for Mother ~ >- uJQ 9t? \-t.i!:: 6~ wo... ;,lu.; u-i?= ~ If) ~ c;., ;C 0.- r- - ,..... .d: ';llC '"'" = = c:-J c:: '"7 ::>< ()::;..- , )~~ '"" (~.J :: ~:: hCD '-~c\O- ~-;. :s o RICHARD F. PARSONS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1402 CIVIL ACTION - LAW HEATHER L. HUBBARD, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ethan Alexander Hubbard December 20, 2005 Mother 2. A Conciliation Conference was held in this matter on May 16, 2006, with the following in attendance: The Father, Richard F. Parsons, Jr., with his counsel, Harold S. Irwin, III, Esquire, and the Mother, Heather L. Hubbard, with her counsel, Johnna 1. Kopecky, Esquire. 3. The parties agreed to an Order in the form as attached. 5'"- 17 -~ ~ Date ~fk.~~/ cq ine M. Verney, Esquire Custody Conciliator