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HomeMy WebLinkAbout94-06526 ~I d ::t . -7 (... ~ a.. a ;r:. J J I I , i .:J <0 i to ~ i i , j -::r J 0-/ I 01 "Z f . -:r --- ~ ~ - en r-.l o.L,_ ~ <:r- ~ r a .- .. 0 t"- ...j,} "\ ~') 1."-.,..- ::)- 6Q '" 1;,.vC.w, .;r ... .7~" .. -..9 9 :~ ::~ e.. 0 ~ :\\ "r e, :';.J" <:> u:> . . . . ~J ~I.r) u) J. ".1',) ~:I :j- - "'<;.' ~ c::> c' Q; = SALL\' .1. WINUEtt Auo"uty tI' Law 1111 E. I\illg Slrcel ShiPJ1(II~hurll, Pr\ In~7 ~ , ROBERT G. HARPER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintif1: CIVIL ACTION. LAW -vs- NUMBER: 94-_ Civil Tenn BARBARA A. HARPER IN CUSTODY Defendant, COMPJ..AINT FOR CUSTODY COMES NOW, the Plaintif1: ROBERT G, HARPER, by and through his counsel, ., Sally J, Winder, Esquire. and does represent as follows: 1. The PlaintilYis ROBERT G, HARPER, residing at 404 E, King Street, Shippensburg, Cumberland County, Pennsylvania. 2, The DefendlUlt is BARBARA A. HARPER, residing at 1148 Scotland Avenue, Chambersburg, Franklin County, Pennsylvania, 3, PlaintilYseeks Custody of the following children: Jennifer L, Harper, born I : I September 8, 1975; Kimberly S, Harper, born June II, 1977; Wendy R, Harper, born January 19, !! 1979; Robert G, Harper, Jr., born December 23, 1980; Angela M. Harper, born November 26, i: 1988. These children were not born out of wedlock. Kimberly S, Harper and Robert G. Harper, Ii Jr" are presently in the cllstody of their father, Robert G. Harper, Sr., who resides at the address :1 " listed above, Jennifer L, Harper is eighteen (18) years of age, has graduated from high school, , and is engaged to be married although presently living at her mother's address and seeking a separate living arrangement. Wendy R. Harper and Angela M. Harper are presently residing with their mother, Barbara A. Harper, During the past five years the children resided with their siblings and both parents at 1148 Scotland Avenue, PlaintilYand Defendant were sepamted on April 29, 1994. Kimberly S, Harper came to live with her father on or about May 20, 1994, when her mother forced her to leave the residence because she wanted to see her father. Robert G, Harper, Jr., was physically abused and locked out of the house June I, 1994. and is presently Iivinll with his father, Plaintiff, is the father of all of the children of this action and Defendant is the mother of all of the children of this action. Plaintiff and Defendant are currently separated, and no divorce action was filed. 4. The relationship of Plaint ill' to the children is that of natural father, The Plaintiff currently resides with the followinll persons: Judy CIUllh and her children. 5, The relationship of Defendant to the children is that of natural mother, The Defendant currently resides with the two children: Wendy R, Harper and Angela M, Harper and no one else. 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 any other custody proceeding concerning the , child filed in a Court of this Commonwealth. ,I , Plaintiff does not know of a person not a party to the proceeding who has physical :' custody of the child or claims to have custody or visitation rights with respect to the child. , I' 7, The best interests and permallent welfare of the child, will be served by granting the relief requested because mother has physically and mentally abused the children and has demonstrated that physical abuse by her behavior towards Kimberly S. Harper and Robert G. Harper, Jr., mother will not allow father to visit with or maintain any relationship with his daughter Angela M. Harper. Mother has effectively alienated the affections of Wendy R, Harper, Mother demonstrates irrational behavior. By way of example, she cut up Kimberly S. Harper's clothes and gave them to her in that condition when clothes were requested. Mother has refused to allow Kimberly S, Harper to have other personal belongings. Mother physically attacked Robert G. Harper, Jr,. and literally pushed him out and locked him out of the house. Mother will not allow father to see or speak with Angela M. Harper, 4. The two other children in question, Kimberly S. Harper and Robert G. Harper, Jr. resided continuously and without interruption with Bar- bara Harper and Robert Harper, Sr. in Franklin County, Pennsylvania for the past five years until April 3, 1994 when Robert G. Harper, Sr. left the marital home and moved to CUmberland County. 5. Robert G. Harper, Jr., born December 23, 1980, one of the chil- dren in question has only resided with Robert G. Harper, Sr. since June 14, 1994 and was always a resident of Franklin County up until June 14r 1994; all of his schooling and activities were in Franklin County, Pennsylvania. 6. One of the children in question, Kimberly S. Harper, born June 11, 1977, was a resident of Franklin County , Pennsylvania up to May 26, 1994 when she moved to CUmberland County to live with her father, Robert G. Harper, Sr. She continues to live in CUmberland County but is no longer living with the Plaintiff, Robert G. Harper, Sr., since November 27, 1994 when she left his household. 7. On or about December 2, 1994 Defendant was served with a Com- plaint For CUstody in the above-captioned matter. 8. Defendant believes, and therefore avers, that said Complaint was not brought in the proper forum for the following reasons: A. Pursuant to Pennsylvania Rules of civil Procedure 1028(a)(1),(3)r(4),(6), Plaintiff has failed to state a cause of ac- tion upon which relief can be granted in that the aforementioned Com- plaint seeks to have custody determined in CUmberland county when the Plaintiff concedes in his Complaint that the home state of two of the children at the time of the conunencement of the proceeding is Franklin County, and that Franklin County has been the legitimate, legal home state of all of the children up to May and/or June, 1994. B. Plaintiff has correctly failed to allege that it is in the best interest of these children that the Court of Conunon Pleas of CUm- berland County assume jurisdiction because there is available in that County substantial evidence concerning the present or future care, protection, training and personal relationships of the children since two of the children have always resided and continue to reside in Franklin County and two of the other children, whom are both teenagers, have resided in Franklin County r Pennsylvania all of their lives up until May and/or June of 1994 and one of those two no longer resides with the Plaintiff since November 27, 1994. C. The Plaintiff has correctly failed to allege that it is in the best interest of these children that the Court of Conunon Pleas of CUmberland County assume jurisdiction because the children and their parents, or the children and at least one party have a significant connection with the County in that two of the children have never resided in Cumberland County and two of the children, both of whom are teenagers, have only resided in CUmberland County since May and/or June of 1994 and all of their schooling and contacts previous to those dates were in Franklin County. D. The Defendant would assert that due to the fact that all of these children were raised in Franklin county, two of them continue to live in Franklin county, and two have only been out of Franklin county since May and/or June, 1994, that the most convenient forum for a custody proceeding would be Franklin county, Pennsylvania. It should be noted that the Plaintiff has already submitted himself to the jurisdiction of Franklin county in support actions and has failed to contest that juriSdiction for those support actions for the same chil- dren. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order granting the Preliminary Objections, diemissing the Complaint, or, in the alternative, directing counsel to list said Preliminary Objections for oral argument before the Court andr pending same, that any pre-hearing custody conference scheduled in this matter before Hubert X. Gilroy, Esquire on February 9r 1995 at 10:30 a.m. be continued generally. Respectfully submittedr BY:~~UO aiJ~Ulyj~jA - J ce M. flaw , Esqu re - Attorney for Defendant I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifica- tion to authorities. Date: I~ - I ~~ - '; 'I L',1I ' ~{i~;u,.t~</c n ce M. H~ b er, Esqu re 'q;. ~. .........., r<) - "f;) I ~ ~ ~ ~ . ,- ~ " . SAU.\' J. WINnEtt .-1110"/0' at lAm' 7~1..}\1lIt'~IH'(1 Shlppl'n,llUI)I. 1'1\ 17:!~7 ,,'- " I~AR 7 199~y;,\ . ~ ROBERT G. HARPER, SR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, : CIVIL ACTION - LAW -vs- : NUMBER: 94-6526- Civil Tenn BARBARA A. HARPER IN CUSTODY Defendant, STJPUJ..A TION AND AGREEMENT FOR CUSTODY COMES NOWthe Plaintiff, ROBERT G. HARPER, SR, by and through his counsel, Sally 1. Winder, Esquire, and Defendant, BARBARA A. HARPER, by and through her counsel Janice Hawbaker, Esquire, and do represent as follows: I. The parties are the natural parents of JENNIFER L, HARPER, not a minor child, KIMBERLY S. HARPER, born June II, 1977; WENDY R HARPER, born January 19,1979; ROBERT G, HARPER, JR., born December 23, 1980; and ANGELA M, HARPER, born November 26, 1988. 2, Kimberly S, Harper and Robert G. Harper, Jr., are presently in the custody of their : father, ROBERT G. HARPER, SR.. Wendy R. Harper and Angela M. Harper are presently residing with their mother, BARBARA A. HARPER. (Jennifer L. Harper, as a person over the age of eighteen (18) years, is not a minor child subject to a custody order.) 3. It is the agreement and understanding of the parties that father shall have primary residential custody of Kimberly S, Harper and Robert G. Harper, Jr" subject to reasonable rights of partial custody in their mother, BARBARA A. HARPER 4, It is the further understanding and agreement of the parties that mother, BARBARA A. HARPER, shall have primary residential custody of Wendy R. Harper and Angela M, Harper, subject to reasonable rights of partial custody in father, ROBERT G, HARPER, SR. , .".' oJ / . S. 11 is the specific agreement of the parties that father shall exercise his rights of partial custody with Angela M, Harper for weekend visitation from Friday evening at 7:00 p,m, until Sunday at 7:00 p.m, upon forty-eight (48) hours notice to mother. Such weekend visitation not to exceed the number of weekends the father would be entitled to visitation with Angela M, Harper if the schedule were based upon alternating weekends in the calendar month, 6, Additionally, mother will permit and encourage telephone contact between Angela M. Harper and her father, ROBERT G, HARPER, SR, 7. Neither of the parties shall in any manner do or fail to do any action which would tend to alienate the affections of any of their children toward the other parent. 8. The parties further stipulate and agree that no alcoholic beverages will be consumed by father or any adult members of his household while he has partial custody of Angela M. Harper. Further, neither party shall offer or provide any alcoholic beverages to any of their minor children or to any minors during the exercise of partial custody or visitation provided in this agreement and stipulation, 9. Father shall provide transportation when exercising partial custody and visitation pursuant to this agreement and shall supervise Angela at all times that she is in his care. 10. It is the specific stipulation and agreement of the parties that none of the parties minor children will be taken into clubs or bars where alcoholic beverages are served while those children are in the care custody and control of either party. 11. Father shall not administer or allow to be administered any physical discipline to Angela while she is in the care and custody of her father. 12, Father shall not take Angela M, Harper out of the Commonwealth of Pennsylvania unless he has previously notified mother of his intentions and the purpose of such. 13, The parties agree that they shall keep each other informed of their residential addresses and phone numbers so that they as well as the children may maintain and continue contact between tiunily members, .' ..... " .. .' 14, It is the stipulation and agreement of the parties that father shall not allow Angela M. Harper to cut her hair or pierce ears while she is in his care, custody and control unless mother has previously agreed and approved any such action. 15, It is the agreement of the parties that this stipulation and agreement shall be signed in duplicate and counter parts and shall be entered as a stipulation and order of court in both Cumberland County and Franklin Counties and that the provisions of this stipulation and agreement shall be equally enforceable in both counties. 16. With respect to the children other than Angela M. Harper, the parties shall encourage contact between the children themselves and shall further encourage contact between the children and the parent with whom they do not currently reside, Neither parent shall interfere , with any efforts by the other parent or by the children to arrange for reasonable contact and visitation between children and parents, WHEREFORE, the parties request that the Court enter an Order setting forth the agreement and stipulation between the parties hereto, As dated the 7;:; day of fPl?('lu).vO ,1995. " " c,<;::~~~~ Robert G. arper, Sr, ' Plaintiff ------J i L ~~{,-- Sally 1. inder, Esquire Attorney for Plaintiff Janice Hawbaker, Esquire Attorney for Defendant ~{tI\'f\."t:'I.. \\ .~\\?~\, ') Barbara A. Harper Defendant