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HomeMy WebLinkAbout02-4004Arthur R. Huntsberger, : Plaintiffs : V. : NO. O'~, - ~/~OL/ . Tiffany Huntsberger, : CIVIL ACTION - LAW Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT FOR CUSTODY 1. The Plaintiff Arthur R. Huntsberger residing at 28 North Market Street, Duncannon, Perry County, Pennsylvania, 17032. 2. The Defendant is Tiffany Huntsberger residing at 64 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: children Date of Birth Shelby Rausch July 24, 1998 The child was born out of wedlock. The child has been in the primary custody of Defendant. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATES Tiffany Huntsberger Barbara Rausch (grandmother) Arthur R. Huntsberger (Plaintiff) Shelby Rausch (child) Windy Hill Road Duncannon PA July 98 through approximately July 1999 Tiffany Huntsberger Barbara Rausch (grandmother) Shelby Rausch (child) Windy Hill Road Duncannon PA July 99 through approximately March 2001 Tiffany Huntsberger Barbara Rausch (grandmother) Shelby Rausch (child) 64 Cherry Lane Carlisle, PA March 2001 to present The mother of the child is Defendant, Tiffany Huntsberger, and she is married to Plaintiff, Arthur R. Huntsberger. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with his girlfriend, Shana Haubert and their daughter, Jade Huntsberger, born October 13, 2001. 5. The relationship of Defendant to the child is that of mother currently residing with her mother, Barbara Rausch and the parties' daughter, the subject of this proceeding. 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 interests and permanent welfare of the child will be served by granting the relief requested because after two and one-half years wherein Plaintiff was with his daughter every other weekend, approximately six months ago Defendant unilaterally usurped Plaintiff's time and has denied any and all contact by and between Plaintiff and the minor child, and further: a. Defendant has embarked upon a deliberate course of alienation; b. Defendant has used the child as a pawn in the domestic matters between the parties; c. Moreover, Plaintiff is the father and is entitled to extensive time with his child rather than that time which Defendant unilaterally determines. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. None. WHEREFORE, Plaintiff requests the court to grant the relief herein requested. Respectfully submitted, Law Offices of James A. Miller BY : J,/~ ~. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 (717) 737-6400 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. Section 4904 relating to unswom falsification to authorities. DATE: ARTHUR IL HUNTSBERGER PLAINTIFF V. TIFFANY HUNTSBERGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ._ 02-4004 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT_ AND NOW, _ Wednesday, September 04, 2002 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator, 301 Market Street, Lemoyne, PA 17043 on Monday, September 23, 2002 at 12:30 PM at 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 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: _/si Me!issa P. Gree~y. Esq. 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 ATTORNEY 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 Arthur R. Huntsberger, Plaintiffs V. Tiffany Huntsberger, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4004 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, ~/I'F"~/"~ /~l"~O/e'~~'f'' , hereby certify tha. t I h.~.ve served the Defendant,' ~ffany Huntsberg~y ~ ~.~ ~~ ~ /,'~,' .~~ ~ with a true and correct co. of the above ~ptioned Cu~oy ~omplaint on ~/~_ ~Q , 2002, at ~5/~, ~.M., at ~~~ Z~ . ~],~/~ ~. ] ~ ~ , Pennsylvania. I veri~ that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Commonwealth of Pennsylvania: SS; County of Cumberland I hereby certify that on the /~) day of ~~., ,200,~,,l:~efore~ me, the undersigned Notary Public, personally appeared known to me or satisfactorily proven to be said person, who acknowledged tr~at,ehe executed the foregoing document for the purposes therein contained. In Witness Whereof, I ~nd and Notorial Seal. Notary Publi(. My Co'mis" Expires: JAMES A. MILLER, Notary Public I~oro of Camp Hilr, Cumberland County, PA My Commiss m~ Expires A~ril 30, 2005 SEP ~ 7 2002 ARTHUR R. HUNTSBERGER, Plaintiff V. TIFFANY HUNTSBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4004 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~o ~ day of .~,~.~ ~2' ,2OO2, upon consideration of the attached Custody Conciliation Summary Aeport, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Arthur R. Huntsberger and Tiffany Huntsberger, shall have shared legal custody of the minor child, Shelby Rausch, born July 24, 1998. 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 her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Mother shall have primary physical custody. Father shall have partial physical custody which shall be arranged as follows: A. On September 28, 2002 and October 12, 2002, Father shall have partial custody for the period from Saturday at noon until 5:00 p.m., unless otherwise agreed. The parties agree to these first two (2) visits occur without an overnight to allow the child to readjust to contact with Father. B. Effective October 25, 2002, on alternate weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. C. On Wednesdays following Father's custodial weekend, Father shall have partial custody from 4:00 p.m. until 9:00 p.m. ViNV^-~NN~d O~ :q ~!d OC d3S ZO NO. 02-4004 CIVIL TERM 3. Holidays. The parties shall share and/or alternate the holidays as they shall mutually agree. BY THE COURT: Dist: Christopher J. Keller, Esquire, 2010 Market Street, Camp Hill, PA 17011 Tiffany Huntsberger, 64 Cherry Lane, Carlisle, PA 17013 ARTHUR R. HUNTSBERGER, Plaintiff V. TIFFANY HUNTSBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4004 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 child who is the subject of this litigation is as follows: NAME Shelby Rausch DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 24, 1998 Mother 2. A Custody Conciliation Conference was held on September 23, 2002 in response to Father's Complaint for Custody filed on August 22, 2002. Present for the conference were: the Father, Arthur R. Huntsberger, and his counsel, Christopher J. Keller, Esquire; the Mother, Tiffany Huntsberger. Ms Huntsberger is reportedly represented by Timothy O'Connell, Esquire, however he did not attend the Conciliation Conference. This was the parties' first Custody Conciliation Conference and first Order for custody of this child. 3. The parties reached an agreement in the form of an Order as attached. Date Esquire :163183