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HomeMy WebLinkAbout94-04402 ~ j " Ii , , I/) ~ r ~ I , , 'I] \ ) ;/" " " ,I /, 1'.'; , , .. t , ' ~ .. ->> ,:j .. r1 1- ... ".r I'" I ~I ~ \ tJ Ir) 't "t ~~ ~~ f 'Ie :;r. i~ Jf1., lUll' . I.' ,:_, ~t'I'" 'I" I.' I, ~' l-,t " ,)- ~\ .,1 ! .., I.- e, ..,-'. ~ I ~ , f5 }t ~~ ~ o . ~ 0 tJ j .... H i 11 .... .;J E-i r.. 'M ~ ~ o on I .;J nl llh .~ "CJ E-i tJ 0 Z lI)'M @ P. ~~;ro ~~ .... ~ o :tH . lI)' 2l lI) tJ I t; I> i'W e l>< ~~t"; I Q 0 ~~H III E-i ~ g~ lI) lI) B H ~ , , ' , , . . ,,' , MARYANN MURPHY . ~I;L ,1.1." ~I. I,.,. '),01 tl~)/ml ~I (. ()/,H} ~1I;11 r H/If;rm~I.llJlll, '1 I'1tjr'\1 vN" .', ,1/\""') t"flrl1 t"", I , , AUG 04 1994 KllNNE1'1I NYERS, : IN TilE ColJRT OF COMMON Pl.I~AIl "Iulnllff : ClJMllliKl.ANIl COUNTY, I'ENNIlYJ.VANIA : : NO. V. t I CIVIl. ACTION - l.AW litiS BBBlt8, I OufllndRnt t IN Cl/N1'OnY IT UU1ATlOIL l'D.lLllt:lTRYu 9J'u.. CUBT9DY.. .J)RJ)r.~ 'I'hll pllrtllls to lhlN /Icllon. KENNE'I'1l MYIiIHI, (hllrlllnoftur refurred to all "I'ATIIER"), und 110 II llf.~;RS (hcl'ldnllfter referrud to 1111 "MOTl"'R"), desiring lo Rnllc/lhly Ilellle und ret!olve 1111 outlltandlng Illsues concerning cUlllody und l'urll,ll custody with rllspllct lo the minor children Involved In lhls /Ict lone ASIIl.EY NICOLE BEERS, born November 15, Iq91: und ZAKARY KENNETH m<:ER:l, born December 5, 1992, herehy Ilt Ipulule Ilntl ugrce lo thu entry of an Order of Courl uwurdlng cuslody und partlul custody of ASHLEY and ZAKARY ut! followNI 1. PATHf.R shull huve prlmury physical and legal cUlltody of the minor chi Idren: ASHLf.Y NICOl.E DEERS, born November IS, 1991: und ZAKARY KENNETH !lEERS, born Ilecumbe I' S, 1992. 2. MOTHER IIhull have partial phYlllcal custody of the minor ~hlldren on the following t!chedule: a) On allernale weekends from Friday at 4:00 p.m. unt I I SundRY ul 7100 p.m,;. b) During the Bummer, MOTlIER Nhall hllve lwo (2) non. conllecut I Vll weekN of VIlCRt Ion t imll wi th lhe dilldrllJl, 'J'hlJ/l1l weuk/l/lhllll betllkeJl In nu mOl'llthllJl lIlIll (I) wellk IJltervlIlII. MO'I'III':1l IIhllll f!Ive l"A'I'tmR lIut' cu uf t helle week/l hy MIIY lilt uf ellch YUill'. 3. Thu followlJlM hlllldllYIl IIhllll bu lllhlll'e<l hy the p'lrllntll, reaardlellll of the ullulII Ilchedullll Memurllll [lilY, I'uurth uf July, Lllbor OilY IInd 'I'hllllkllf!lvlllj,l. MO'!'tll':ll IIhllll hllve themlnul' chlldrun from BIOO lI.m. until 2100 p.m. ellch uf thelle holldllYIl. 4. Tho 1\lIl1ter hull<lllY /lhllll be /lhllre<l by the pllrents. I'A'I'IIF.R IIhllll have the minor chlldrcllon ElIllter SundRY until 2:00 p.RI. If Euter flllls on MO'l'lIF.R'1l weekend, r"A'I'IIER shllll hllve the children from 8:00 p.m. the night before Enllter. MOTIIER /lhlll I hllve the minor chlldrcn on ElIllter SundllY from 2:00 p.m. until 8:00 p.m. S. The Christmlls holld/1Y /lhllil be IIhllrcd by the parentll. 011 Christmas EVe, MOTHER shal\ hllve thc children from 8100 a.m. until 2:00 p.m. On Christms/l Dny, MOTIIER shill I hllve the children from noon until 7:00 p.m. (,. I'ATII1\R shllll hllve thc child on I'ather's Day, MOTHER IIhall have the child on Mother'/l Day, regllrdlellll of the usual IIchedule. The hours shlll\ be from 10:00 a.m. until 6:00 p.m. 7. Both parents aj,lree that they wi II not usc, or permit IInyonc elsc tu UIIC, IIny IlleRlI1 substnncell twcnty-four (24) hours prior to, /lnd throullhout, their periods of cUlltody of the minor "Ii l' I ~g .,. >. (" '" , Ie i'-' r., I 1~1,; I ~ \ "!.-I.;,', ~ \~ 'j. . -:r . I.' ,I \ ,;' I , , /' \ . I 'r ~ I , -;:r , f ,~ . l'j ',., ,_'I I~ Vl ..: I W i ..:l p, 0 ~ ~ Z i r 0"; ~P,'i' ql~ Or~ tJ ' j t ~ .... ..., H o I ..... c:: j E-< 8'~ Z Vl'M III I'lit ~~ 'U Po p: <I 0 .c:: :;: t:>Q1H Vl <Il 0 8j p~ gj'Qj tJ .-i . 't": ~p, ~ WO I>< gj ~\l"' ..:l III 0 0 E-<1Il H Vl E-< ~ .:> H Vl ZtjOH p: e H ZtJ i<: H , , , ., MARYANN MURPHY If AJl G 0 ',1 199~ . ~IT, ,'.I., "~I , ^.', no' ~lOli'H ::.1,cotH) ~'l,I' I H"miI5IlLJj,lr" HNN~"I\NM 11ll!) ('11) 2]3 tlbl' ., ~he children were not born out of wedlock. ~he children currently reside with the Plaintiff at 97 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. &. During the lifetime of the children, they have resided at the following addresses with the following personsl Timl MllnBII With Wh9ID Birth-3/92 206 Hummel Ave. Plaintiff/Defendant Lemoyne, PA Plaintiff's father, steplTPther, stepsister 3/92-7/19/94 97 Bosler Ave. Plaintiff/Defendan~ Lemoyne, PA 7/19/94-present 97 Bosler Ave. Plaint if f. Lemoyne, PA 6. ~he father of the children is KBNNBTH M'lEPS. 7. ~he mother of the children is IRIS BEBRS. 6. The children currontly reside with the Plaintiff. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning tho custody of the children in this or any other court, except as set forth above. 10. The Defendant has not participated as a party or witness, or in any other capacity, in other lHigation concerning the custody of the children in this or any other court, exoept as set forth above. 1 t. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other Court of the United states of America, 12. The Plaintiff does not know of a person not a party It) the proceedings who haa physical cUBtody of the children, or claims to have custody or visitation rights with respect to the children. 13. Bach parent whose parental rights to the chi ldren has not been terminated, and the person who has physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minl)r children will be served by granting primary physical and legal custOdy to the Plaintiff. WHBRBFORB, Plaintiff requests this Honorable Court to IN THI COURT or COMMON PLBAS or CUHBla~ COUnTY, PIN"SYLVANIA CIVIL ACTION - LAW KlN".TH HYBBS, Plaintiff/Petitioner v. No. 94-4402 civil Term IRIS (BBBRS) TUCKBY, Defendant/Respondent IN CUSTODY ORDRR OF COURT AND NOW, this :J..LL day of v'Jv....w I- , 1997, upon uonsideration of the within Petition, IT IS HBBBBY ORDBRBD AIm DICRIID that IRIS (BBBRS) TUCKIY, Defendant/Respondent, shall have only supervised visits at New Passages with the minor children: ASHLBY NICOLB, born November 15, 1991; and ZACHARY KBNNBTH, born December 5, 1992, pending her attendance at counseling and recommendations of the therapists regarding visitation. It is further Ordered that HICHABL TUCKIY not be permitted to have any contact with the minor children pending his attendance at counseling and reoommendations of the therapists. ().!/..;J ~~ ./ /"~ "'..;I~ ...:~-:- \""'''hJ\..Jt,'....ta ,..)-}j)""j"ftA,\. Y\~VM" .,0':)~1/.f. 1/.b.J 'I " , ~., l \J..).G- :t' "//1 .>..... ,~~k..;J )3 ....,A..CotM't" lVil<<.~ J...J.~ v"w""'/" ..,.~.... 1J1.H.kJ ~ I \: (J1ft'J'1..?~~1 v\M.x, I ,~) ~ (11)1'0"'" \ } '" . ' .JI, 1,Nti' .I ~ ..: 1..t.b1> ../ I h.~t) h ..IvV:,.:..., ...l~'':lvt.ilt}u...J/.. ...(' .'/":.1.. vtll~,'oIl.. J4.. I " . BY THyoUri: / I ,y/l ....,.. · Ulvt-/ ( ) J. the ohildren I s counselor for approl!imately fivlI (Ii) months, wrote a letter to counsel for Petitioner expressing concerns about the ongoing problems during the children's visits with Respondent and her husband. (See letter from Dr. Hiltill dated August 19, 1997, attached hereto, incorporated by reference herein, and marked as Bxhibit "B".). 6. Following this letter, Dr. Hiltill called counsel to inform her that she had contacted Children and Youth to investigation a recent allegation by Ashley that Michael Tuckey, Respondent' B husband, struck the child with a board. Dr. Hiltz strongly recommended that Respondent have only supervised visits with the minor children, and the Mr. Tuckey have no contact with them at all, pending counseling sessions and parenting classes for the Tuckeys. Dr. Hiltz further agreed to work with the Tuckeys I therapist in attempting to resolve the problems which occur during the children's visits with Respondent. 9. Petitioner received a letter from Children and Youth dated August 20, 1997 stating that an investigation is underway. (See letter from Children and Youth dated August 20, 1997, attached hereto, incorporated by reference herein, and marked as Exhibit "C".) . 10. Petitioner placed the children in counseling because of the ongoing problems associated with visitation. These problems remain unresolved. When Petitioner has attempted to discuss his concerns with Respondent, he is told that the Tuckeys will continue to be uncooperative. The following are some examples of Petitioner's concerns: a, Petitioner believe. that there are nine (9) plople living in Respondent t s home and that the childun do not have adequate sleeping quarters; b. Ashley has returned from visits with Respondent with flea bites; c. Ashley has returned from visits with Respondent with ringworm/ d. Both children are returned from visits dirty, and wearing soiled clothing; e. Zachary told Petitioner th~t Hr. Tuckey lets him smoke cigarettes and drink beer; f. Ashley is frequently sick to her stomach when she returns from visits with Respondent. The child tells Petitioner that she is allowed to eat all the candy she wants; g. Ashley has had vaginal irritation from not being bathed when she visits with Respondent; h. Both children have reported seeing Respondent shoplifting when they are in stores with her; i. Zachary's language is inappropriate, and his behavior is aggressive when he returns from visits with Respondent; j . Hr. Tuckey uses foul language to, and in the presence of, the minor children, and he encourages them to do the sama. k. Both children report that Hr. Tuckey encourages tham to physically fight with each other; 1. ZaChary lost five (5) pounds when he returned from a week-long visit with Respondent this summar/ m. The children told Petitioner that they have to go to "Jam..' house" if they need to go to the bathroom during the night, and that they have to go to "Aunt Bonni.'s house" to take a bath when they visit with Respondent I n. Hr. TUckey repeatedly teases and taunts the minor children. 11. Petitioner believes that Respondent is unable or unwilling to adequately care for the minor chil.dun, and that their visits with Respondent and Hr. Tuckey are detrimental to Ashley and Zachary, both physically and emotionally. 12. Petitioner is agreeable with Dr. Hiltz' recommendation that Respondent and Mr. Tuckey attend counseling sessions and that Dr. Hiltz cooperate with their thurapist to resolve the visitation problems. In the interim, Petitioner is willing to ensure that the minor children are taken to New Passages for supervised visits requested by Respondent, and that Respondent has reasonable telephone aCCOBS to Ashley and Zachary. WHBRBFORB, Petitioner prays this Honorable Court to enter an Order directing that Respondent have only supervised visits at New Passages with the minor children; that Michael Tuckey have no contact with the minor children; and that Respondent and Hr. Tuckey attend cQunseling and follow the recommendations of"the ItINNBTII NYHIlS l II Ifl TillS COURT O/' COMMON PI,MS ' , , , , " III ant Ir f " CUMBBRLAND COUNTY, PBNNBYI,V^N I ^ J I NO. v. I J CIVil. ACTION ~ L^W III & BBBRS, J Defendant I IN CUSTODY STIPULATION POR BNfRY or CUSTODY ORDB& 'rhe parties to this action, KENNETII MYERS, (hereinafter I referred to all "PATIIIlR'~), nnd IRIS DEERS (hereinafter referred to all "MOTIIER"), desiring to amlcnbly Ilettle nnd resolve 1111 outstanding IllIlues concerning cUlltody and partial custody with respect to the minor children Involved In thill actlonl ^SIII.BY NICOLE DlmRS, born November IS, 19911 and ZAKARY KENNETH BEERS, born December S, 1992. hercby stipUlate nnd agree to the entry of an Order of Court awarding custody nnd partial custody of ASIILEY and tAKARY 66 folloW61 I. "ATHIlR shall hnve prlmnry phYlllcal and legal custody of the minor children: ASIILEY NICOLE DEERS. born November IS, 19911 and ZAKARY KENNETII DEERS, born December 5. 1992. 2. MOTHER shall have partial physical custody of the minor children on the following schedule: a) On alternate wllOkends from Prlday at 4:00 p,m. until Sunday at 7:00 p.m. I b) During the summer. MOTHER shall have two (2) nO/l" consecutive weeks of vacation time with the , , children. "huo wllCks IIhall bo taken In no mora thRn , CHII (1) week Intervals. MOTlIBR IIhall give f^'I'llIilt notice of thelle weeks by May lilt of oaeh yoar. 3. Tho following holldnYII ahnll be IIhared by the parentll, reaardlus oC the unal schedulel Memorial Day, Fourth oC July, Labor Day and Thanksgiving. MOTIIER shall have the minor children Crom 8:00 a.m. until 2:00 p.m. each oC thelle holidays. . 4. The Euter hol iday shall be shared by the paconLII. 1'N"flIIR shall have the minor children on Eallter Sunday until 2:00 p.m. If Baster fallll on MOTHER's wonkllnd, "ATIIER IIhall have the children Crom 8:00 p.m. the night bofore Easter. MOTHER IIhall have the minor children on Easter Sunday from 2:00 p.m. until 8:00 p.m. S. The Chrlstmall holiday shllll be shared by the parents. 0" Chrllltmllll Eve, MOTHER shllll have the children Crom 8:00 a.m. until 2:00 p.m. On Chrllltmas I)oy, MOTHER IIhal' have the children Crom noon until 7:00 p.m. 6. PATHER shall have the child on Father's Day, MOTHER shall have the child on Mother'lI Day, regnrdlesll of the usual schedule. The hours shall be Crom 10:00 a.m. until 6:00 p.m. 7. Both pll1'ents agree that thoy will not use, or permit anyone else to use, any Illegal substances twenty-Cour (24) hours prior to, and throughout, their periods of custody 'of the minor ,\L I S Wi. PSYCHIATRIC, PSYCHOLOGICAL IJIlI mERAPEUTIC SERVICES, PC SUlln L. Thomal.y, MD JAw..nCl L. von RISO, MD Mlrty H. B..nn.r, MS Debrl A. Doubrlvl, MS Miry Ilnl Fox, MSW Iq..lc. M. Hart, MA Nicol.. M. HllIz, PhO Lynn O. I.ooml., MUd, 111I 1\. M'l'IIhall, MS Alan C. Wenrich, OMln. ..A.....................~ l\ugustl9, 1997 Mary Ann Murphy 2201 N. 2nd Street Harrisburg, PA 17110 Dear Ma. Murphy: I am writing to you l'egarding Ashley and Zachary Myers. Mr. and Mrs. Myers brought Ashley and Zachary to this office due 10 aevel'al concern.. As you are aware, Ashley and Zachary are Ken Myers biological children. They mide with him andJena Myers, their .tepmother. They also are on a visitation schedule with Iris Tuc~y, their ~iological.mother and Mike Tuckey, their .tepfather. . -'11'1. " . " Mr. and Mr.. Mye'rs haye bee/1 concerned about the possibility of poor quality of care and Inappropriate adult behavior In the. presence of the children. For in.tance,they report that Ashley Rnd Zachary come home from visitations either dirty, .ick or infected. Ashley hM returned from severnl vl.its with a red, sore vaginal area. Poor hygiene can often lead 10 such irritations. At present, thl. seems 10 be the most likely reason for her discomfort. In addition to ba.lc heaithcare, there have been concern. regarding emotional mistreatment of the children. For example, evidence would .uggcst that the children are victim 10 8&8resalve, obscene language and gesturing occurring nol only in their preaence, bul also directed Ioward them.. 11 hM also been reported thallhey are encouraged 10 engage In phy.ical combat with one another. I have intervieWed Mr. and Mrs. Myers, and have had aeveral sessions wilh Ashley and Zachary. Ashley and Zachary have described some of Iheac incidence. and have experienced behaviornl and emotional reactions consistent with the alleged abuse. For example, Zachary USC5 obscene expressions when he talka about his stepfather and calls him offensive names" Prior to week long visitations, Zachary become. enuretic. His behavlorl ~ollowing visllAtlons, is often unu.uallY.8&8re33ive and. may lnclude:aexual connotat ons. Ashley, who is older and able to express feelings verbally, describes ~eeling angry, afraid, and sad over, occurrences during visits.. . 3300 North Third Street · Harrisburg, PA 17110 Tel. 717.234-3839 Fax 717.234-6247 Fed Id. 25-1767562 """',\/0 ~otinl '~er&iu. for Cl!ltm~reu nub 'IDUlIy ~lIup"ll1 QInul1tv "JOIIpII.:lloo&lMr,,,..,...W. S<<II/Slr/lm 110... K. Plalarcll '1I<IIO",."fHII 25 SooltlllMi_ llonllbut,.l'IIwrlwllllllI7101'2021 rlloplloMl (117) 25'.2170 'Ill (117) 217-1'14 Commlllloncn Sally s: Klein, Chlllrman RuueU L. Shearrer AIIlbony M. Pelnl~cl J...... Eo HlbkI.. M.P.A. Mllllnls/m/or IIU\lUlt ~O, 1997 H~. Kenneth Hye~1 458 Woodwa~d D~lve IUen, I'A 17319 1111 ~'hl,y Hy,n Dea~ H~. Kenneth Hye~ll We a~e \llvlng you thll lette~ 10 that you wlll have lmportant lnfo~matlon ln w~lHng U yo II are a Iubject of the ~eport. A repo~t of uUlpected child abuae o~ aerious ne\llect about the above mentioned chlld hal been made to ou~ Agency and the Pennlylvanla Depa~tmlnt Of Public Welfa~e. Unde~ the Child Protection Se~vlces Law, our Agency mUlt t~y to find out if the ~eport of suspected abuse or neglect is cor~ect. Allo by law, we must report certain types of injurie. and share info~maHon with the pollce. The purpose of the Child Protection Service. Law is to I 1) encourage more complete repo~ting of lu.pect.d abuse, ~) to eltablilh a county chlld p~otection se~vice division capable of investigating such reports in a timely and profesalonal manner, 3) to provide p~otection for children from further abuse, 4) to provide ~ehalliHtaHon services for children snd parents, and 5) to preserve and stabUile famlly life wherever appropriate. All Agency"services, self-help group .ervices, and multi-dilciplinary team reviews-are available to children and famillal recelving child p~otective services from this "gency. You, as the parent and/or the alleged abuser of the child, have the right to receive, upon your written request, a copy of the report. InformaHon that would identlfy the reporter or anyone who cooperated in the investigation will be deleted, al the law requires. lifter inveltigation, if the report is not substantiated (termed "Unfounded" by law), then the report and all other information related to the report are expun\led (deltroyed) within 120 days. If tho report i. substantiated (termed "Indicated" o~ "Founded" by law), then it is kept on fUe untU the chUd(rln) ~..ch.. hil/her 23~d birthday, and in certain cases, tho name of a perpetrator ls retainsd indefinitely. Exhibit "e"