Loading...
HomeMy WebLinkAbout02-3305MICHAEL F. HASLAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA : v. No. PATRICIA ANN HASLAM, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this/~ ~-day of July, 2002, Plaintiff Michael F. Haslam, by and through his attorneys, McNees Wallace & Nurick LLC, files the within Complaint for Custody, and, in support thereof, avers as follows: 1. The Plaintiff is Michael F. Haslam, residing at 42 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Patricia Ann Haslam, residing at 42 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE D.O.B. Aaron Haslam 42 Wheatfield Drive, Carlisle 11/19/84 Cumberland Co., PA Carly Haslam 42 Wheatfield Drive, Cadisle 8/4/87 Cumberland Co., PA Annie Haslam 42 Wheatfield Drive, Cadisle 1/22/90 Cumberland Co., PA The children were not born out of wedlock. The children are presently in the custody of both parties, who reside at 42 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses. NAME Michael F. Haslam Patricia Ann Haslam ADDRESS 42 Wheatfield Drive, Carlisle Cumberland Co., PA 42 Wheatfield Drive, Cadisle Cumberland Co., PA DATES 1988 - present 1988 - present The mother of the children is Patricia Ann Haslam, currently residing at 42 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the children is Michael F. Haslam, currently residing at 42 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME Patricia Ann Haslam Aaron Haslam Carly Haslam Annie Haslam RELATIONSHIP Wife Son Daughter Daughter Defendant currently resides with the following persons: NAME Michael F. Haslam Aaron Haslam The relationship of Defendant to the children is that of mother. The RELATIONSHIP Husband Son -2- Cady Haslam Daughter Annie Haslam Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has a loving relationship with the children; b. Plaintiff has always been an equal caregiver with Defendant of the parties' children up until about 1997. Since 1997, Plaintiff has been the primary caregiver and nurturer of the children; d. Defendant filed a Complaint in Divorce on May 17, 2002, against the wishes of Plaintiff; e. Defendant neglects her parental duties and obligations and frequently ignores the children; f. Defendant drinks alcohol to excess on a daily basis and becomes drunk in the presence of the children; -3- g. Defendant disappears for hours or days without telling Plaintiff or children where she is going; h. Defendant stays away from the marital home overnight without forewarning Plaintiff and the children and does not let Plaintiff or the children know where she can be reached; i. Defendant has engaged and is engaging in open and flagrant marital misconduct, thereby subjecting the children to an atmosphere of tension, stress and conflict within the marital home; j. Defendant, despite many requests from Plaintiff and the children, has failed and refused, and continues to fail and refuse to take any meaningful steps to acknowledge her problems and overcome them. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children to him. McNEES WALLACE & NURICK LLC Dated: July11,2002 By ~~~'~ .~/_~ ' Delano M. Lantz ~ I. D. No. 21401 Pamela L. Purdy I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (Tt 7) 232-8OOO Attorneys for Plaintiff -4- 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 unsworn falsification to authorities. Michael F. Haslam Date; MICHAEL F. HASLAM PLAINTIFF PATRICIA ANN HASLA~M DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3305 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, July 19, 2002 _, upon consideration of the attached Complaint, AND NOW, ~ - - counsel appear before Melissa P. Greevy, Esq. ~ the conciliator, it is hereby directed that parties and their respective at 301 Market Street, Lemo ne, PA 17043 on _____~Monda~gust_19,.2002 _ . at 12:3____0 _PM 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 eom't, 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: _//si Melissa P. Greevy, Esq. ?¥v 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 THIS PAPER TO YOUR ATFORNEY 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 MICHAEL F. HASLAM, Plaintiff V. PATRICIA ANN HASLAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3305 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J. --- ORDER OF COURT AND NOW, this '2-'7" day of August, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael F. Haslam and Patricia Ann Haslam, shall have shared legal custody of the minor children, Aaron Haslam, born November 19, 1984, Carly Haslam, born August 4, 1987, and Annie Haslam, born January 22, 1990. 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. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. Physical Custody. The effectiveness of this Custody Order shall be contingent upon the relocation of the Mother to 405 Huron Drive in Mechanicsburg which is expected to take place on or before August 24, 2002. When the time comes that the move has taken place and the parties are no longer residing in the same residence, the following custodial schedule will take effect: A. From the period August 19, 2002 until August 25, 2002 at 7:30 p.m. Father shall have physical custody of the children. B. To commence August 25, 2002 the parties shall have a shared physical custody arrangement which shall be arranged in a week-on week-off basis. Mother's first custodial week shall begin on August 25, 2002. The day and time for custodial exchanges shall be Sunday at 7:30 p.m. Therefore, Father's next custodial week shall commence on September 1, 2002 at 7:30 p.m. The parties may adjust the schedule after consulting with each other and upon their mutual agreement in consideration of the children's desires, schedules and activities. ¥1NYA~AgNN~ NO. 02-3305 CIVIL TERM 3. Holidays. The parties shall share time with the children on the holidays as they mutually agree, custody, Transportation. Transportation shall be provided by the person relinquishing 5. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Dr. Stanley Schneider. One-half of the cost of the evaluation shall be paid from a joint American Express account. Father will advance the balance of the cost of the evaluation. Each party reserves the right to ask the Court to reallocate the costs paid for the evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 6. Alcohol. Neither party will drive a motor vehicle in which the children are passengers after consuming any alcoholic beverage. 7. This Order is temporary in nature. If within thirty (30) days after receipt of the report of the Custody Evaluator, either party would like to reconvene the Custody Conciliation Conference, counsel may make that request in a letter form to the Conciliator and the conference will be reconvened. Dist: BY THE COURT: · ~virvin A. Hess, J. Pamela L. Purdy, Esquire, 100 Pine Street, PO Bo~x 1166, Harrisburg, PA 17108-1166 Delano M. Lantz, Esquire, 100 Pine Street, PO Box 1166, Harrisburg, PA 17108-1166 Samuel L. Andes, Esquire, 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 AUG 2 6 2002 MICHAEL F. HASLAM, Plaintiff V, PATRICIA ANN HASLAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3305 CIVIL TERM CIVIL ACTION - LAW 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 CURRENTLY IN THE CUSTODY OF Aaron Haslam Carly Haslam Annie Haslam November 19, 1984 August 4, 1987 January 22, 1990 Mother and Father Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on August 19, 2002 with the following individuals in attendance: the Father, Michael F. Haslam, and his counsel Pamela L. Purdy, Esquire and Delano M. Lantz, Esquire; the Mother, Patricia Ann Haslam and her counsel, Samuel L. Andes, Esquire. The Conciliation Conference was held pursuant to Father's Complaint for Custody which was filed on July 11, 2002. A divorce action is pending at Docket No. 02-2426 which presently has pending with it a petition and cross- petition for exclusive possession. The divorce was filed May 17, 2002. A hearing has not been scheduled on the parties' Petition for Exclusive Possession. However, the matter has been signed to Judge Hess. 3. The parties reached an interim agreement for temporary custody plans, a custody evaluation and a plan which would allow them to return to the conciliation conference p,ri~ to trial. Their agreements are reflected in the Order attached. Date L-~ 'J'/~"/'/~~ ~ - L ~'Mel~ssa Peel Greevy, Esquire Custody Conciliator :161842