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HomeMy WebLinkAbout94-06878 1 t>1 ~ 3 .j ~ --- J f ~ j I . I I 00 " 00 ~ . WANDA KAY HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-(" 8?8' CIVIL TERM v. CUSTODY DAVID ARTHUR WALTERS, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Wanda Hurley, residing at 681 Conodoguinet Avenue, Carlisle, Cumberland County, pennsylvania 17013. 2. The defendant is David Arthur Walters, residing at 280 Linton Hill Road, Duncannon, Perry County, Pennsylvania 17020. 3. Plaintiff seeks custody of the following children: ~ Present Residence ~ Sara L. Walters 681 conodoguinet Ave. Carlisle, PA 681 conodoguinet Ave. Carlisle, PA The children were born out of wedlock. 12 yrs. Lynnette M. Walters 3 yrs. The children are presently in the custody of Wanda Kay Hurley, who resides at 681 conodoguinet Avenue, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: ~ Address ~ plaintiff & Duncannon, PA 1989 - 2/91 defendant plaintiff & Mt. Holly, PA 2/91 - 5/91 defendant 8. 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. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The mother has been the primary caretaker of both children. b. The mother can best provide for the needs of her children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff, shared legal custody by the parties, and partial custody in the defendant every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and any other times which are mutually agreed upon by the parties. Respectfully submitted, ~'J~ ,'/Joan carey Attorney for Plai iff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .,:, .'} .::. n tiEl: , 'I O~ " '9\1 J " t:~ ,;,,' ;\'11 :'to, j~ U II I, ; 11_. .1)' I,', " ; (I aJ..t ~. -._~'-~-_.,",","" 'J , . .$I ~-, _ @ ,,-_.~......"~'- -- ",;.. .," . . . '~ ., .,., ;-i'" j,_. , 1 . t~ (' WANDA KAY HURLEY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- c"R?K CIVlL TERM v. CUSTODY DAVID ARTHUR WALTERS, Defendant '" CUSTODY ORDER AND NOW, this ~ day of December, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, LYNNETTE MICHELE WALTERS and SARA LYNNE WALTERS. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical custody of the children. 2. The parties will share legal custody of the children. 3. The defendant, hereinafter referred to as the father, will have partial custody of the children every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 4. The father and mother will alternate Christmas Eve and Christmas Day each year, with one parent having the children on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the children from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. 5. The parties will alternate the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving. 6. The father will have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. on christmas Eve until Christmas Day at 10:00 a,m, and the other parent having the children from Christmas Day at 10:00 a,m. until Christmas Day at 8:00 p,m. 5. The mother and father will alternate the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day and Thanksgiving, 6. The father wi 11 have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7. The father will have the right to have the children for one week vacation each summer. The father will give the mother two weeks notice as to when his period of summer vacation will take place. The mother also has the right to take the children on a summer vacation including a maximum of two weekends. 8. The mother and father, by mutual agreement, may vary from the custody schedule at any time, 9, The mother and father will notify each other of medical emergencies which arise while the children are in that parent's care. 10. The father will obtain and keep current medical insurance for the children, unless otherwise agreed upon by the parties. 11. The parties will notify each other at least one week before taking the children outside the state of Pennsylvania during their custody period and provide each other with an address and phone number where the children can be reached. '>- tI' ("I ,'- (.~J 7"'4 ".: " II; , " , , ' " ":4 1- .I:", -"I ,-' I C' .. :'! .\' .,. Ili .;... " ., ~, 1'.1 , ) ') (j , . " :!( ~ .ri 0 ': :: ~ ~ ~ ~ '"' = 8 i 1- ;l; ~ I: ~ 0 ~ -: ,: i ~ 0 .-: ~ .. :--::;"': I: 0; - ~ . 1'. - 0- ~ ~ ~ :.: ~:.:'-:r. od.~ .-: x ~ ~ ::: ~ ~ '":.: ~n~ :3 ~ ~ ~ , ~ .J :.: ~ ~ - e- . ;:; ~ -: ~ O. I 'NI'H II '1(. ()'( 'c l:-; :-;OH \ 'I ,.~, I II: ..... I . , \ 'I' I... \\ .110,-, 111.llliLT'I'\'....11l Ill. Ill) \11 1'\\11'1111.1., I'L_''''~\'I.\'.\'J.\ l';'Oll.7;.!O~ 'l'I-;I.I;I'IIII'1:1717.';':17-;7lill MAR I ~ IUUi') " (b) The child is also afraid that the step-father will beat the child with a belt ifher grades do not meet the step-father's standards, as he did with his own child, (e) The stepfather has told the ehild that he eould get the natural father and his wife (ired from their job, if the child would want to live with them, (d) The stepfather has told the ehild that, if the child went to live with the Ilaturul father and his wife and the child's sister, he would not help the child if he found her lying alongside the road. (e) The stepfather has led the child to believe that he as committed assault against other persons, (I) The step-father's two children, who are 13 and II years old, are abusive to Sara, (c) The child is left alone with the stepfather's two children, without adult supervision, from the time that school ends at approximately 3 :30 until 6:30 p,m, (d) The child is extremely unhappy in the present living arrangement and desires to live with the father and her sister, II. Each party whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting primary physical custody of the minor child, Sara L. Walters, to the father. . F, Each party shall have the right of up to three (3) weeks of summer vacation. Any questions upon which the parties cannot agree with regard to whether Father's vacation shall be three (3) consecutive weeks shall be guided by the child's needs and with the Input of the child's therapist. 3, The parents will notify each other of all medical emergencies which arise while the child is In that parent's care, 4, Neither party shall do or say anything which may estrange the child from the other parent, Injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody, 5. In the event that either party plans to take the child out of Central Pennsylvania for more than forty-eight (48) hours, that parent will provide the other parent with the telephone and address where they can be located while away, 6, The child wlil participate In outpatient psychotherapy with the parents participating as the therapist would direct. The parents will mutually agree upon a therapist within two (2) weeks of the date of the Conciliation Conference, Counsel for the parties will send a referral letter to the Identified therapist. Unreimbursed costs of the therapy In excess of $250,00 per year shall be born by the parties In the prorated amount In accordance with the most recent support order wherein Father pays fifty-two (52%) percent and Mother pays forty-eight (48%) of unreimbursed costs, The appropriate consent to release confidential information shall be executed by one or both parents, as needed, to allow the school guidance counselor to share Information with the Identified therapist with regard to the child, 7. The parties wiil not participate in discussions with regard to changes of the custodial plan that have not yet been determined, The parties will direct the child to address this to the therapist. 8, This Order Is temporary In nature, If within ninety (90) days of the date of this Order an additional Conference Is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened, BY THE COURT: George-Fe -;r, We ~ 1L' 1 Dlsl: Diane G. Radcliff, Esquire, 3448 Trlndle Road, Camp HIli, PA 17011 G, Patrick O'Connor, Esquire, 3105 Old Gellysburg Road, Camp HIli. PA 17011 t~'" n,,<i..t..<L !i /tI 0 :J.. ' ...!..~.