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HomeMy WebLinkAbout95-05549 t/~~f)- '17 ::;:J:iJ,fJ'/~v - - - ,., .,. ~...(+- ~ tt1ry /+, rrrr/k Ir -- m;: (}M~;"'r1~(HL ur! '~J c - - ;J. M r tv Th F iif? t(){ ;;;L.~ 'iJ!lL_'\ __ IL)'u"Jt __.~___.___.._._..vv... ... lYflLA J5(~~~~~1-\r.. _._u . .. t>~--v. _ ;f;L CYUr. I'J-'../ .7--; ,~(".f.. t\. .11. -~~ c Ilk"'Jr. ~l III -+- llil( u.... if -' & lL; "t,-"}l -k J-1f'1M /~L, Int...u 1/-1 "'-V .1 j . /, j / {I II !.. I. .;rt<.( ,1i/1 {l'Cd ;l-,{' (Lll..- , j!.C'~} it.- \....:J -4LL t( , , ' ._-:5))l(I-d II It 1/ ,lh' tfl'{~.t-//I ~ ..lii lnl..I'Lit" t.Un. l,.tl - --- - - 7;)((1' h/Jl; N.. ft 7<-n;;L- ,.. .,.~ ;4 Ilr i . Iii r' f}lt1 i( ~ {{(I{ I Ili [{Lr'.-I.r....e.... ) "t '1 ~.......--, - I . /'.' ,J./J.1 -. . t.,....L ~ - . . I . '- . i ; ..,7!~.~- , " ( '}) ~/ .-'l/' fl./ , ./; '1Jl :d 7}t! /-Ir.:-:, -I/ c:...... .,J.fu . II/.i < I:~< C,",lt(~'" >( , ') f-' . A f . ( I L /1 > . tJ(t ~(.L l \....(.1" J- C\..( ,.j it ~ JLI ,,' ., r--- , / . 1.....,. ~U 1( .l i i.. -~, /. ".:, (' .. },j. ( /.""'):1. / ,Ii . t . I . i . ' ., '-4lt., '. ."_~/ .....1- .J,J ~I Ci-', t_,I~ ,f .JIJ"!~i-:{-'t l . ,. , -:' .' - I' -r -7 I . . . , -, I ....; , I. I . '/," j "J( ,A r' ,,. ~..-Lt'.I"'I_" (I"" ,/-ft..-{ ((\ l.", 1./4' .'1 ..:I~. ,(,,(.. /4 .... ~ .1 .....~, ,..~~/..,... 11/92 to 11/94 - 171 E, Old York Rood, Carli5le, JlA with their mol her and her husband, David Hardy. 11/94 - 8/95 - IS W, Springville Rood, Boiling Springs. PA with their mother, her husband David Hardy and their half-brother, Michaell)olitzer-Hardy, 08-95 - to 5/96 - IS. W, Springville Rood, Boiling Springs, PA with their mother and their half- brother, Michael Politzer-Hardy, 5/96 - present - current address with half-brother. Michael Politzer-Hardy, From 11/90 to present the children lived with their father approximately 50% of lhe time at the following addresses: 11/90 to 11/92 - 222 Lafayette Street, Harrisburg. PA, I 1/92 to 10/93 - 2223 B Earl Avenue, Harrisburg, PA, 10/93 to 10/94 - 925 C Bosler Avenue, Lemoyne, PA, 10/94 - present - 3514 Beech Run Lane, Mechanicsburg, I)A. With lheir father, his wife, Marilyn Murphy and her son, Paul Sitko, 5. The mother of the children is Geneva Politzer, currently residing at 104 E Springville Road, Apt. A,. Boiling Springs, Cumberland County. Pennsylvania 17007. Her marital status is separated from husband. David Hardy, 6. The lather ol'the chilllren is Benjamin 1', Ahles. currently residing at 3514 Beech Run Lone, Mechanicsburg, Cumberland County. Pennsylvania 17055, His martial status is married to Marilyn Murphy, 7, The relationship of the Jlltlinlill'to the children is thot of father, Plaintin' currenlly resides with the tollowing persons: NAME RELATIONSHIP Marilyn J. Murphy Wife Paul D, Sitko Step-son Stephen J, Pulitzer-Ahles Son David A. Politzer-Ahles Son 8. The relRlionship of thc Defendant to the children is that of mother. Defendan1 currently resides with the following persons: NAME RELATlONSIIlP Stephen J. Politzer-Ahles Son David A, Polilzer-Ahles Son Michael Politzer-Hardy Son 9. A custody conciliation was held Michael L. Bangs, Esquire on November 9, 1995, at which time the panics were unable to resolve their differences with regard to custody, 10, An Order of coun was signed by the Honorable Edgar B. Bayley on November 16, 1995, directed that the panles shall submit lhemselves to an indepcndent evaluation with Arnold Sheinvold, Ph ,D. A copy of that Order is attached as Exhibit "A", 11, The parties IUlve allempted to reslo\'e thclr custody dispUleS throughtthe help of Dr. Arnold Shienvold. 12, The best interest and pennanent weltllre of the children will be served by granting the relief requested bccause: a. The mother does not provide thc childrcn with a stable home cnvironment. She has placed the children at risk through various en\'ironmentul factors b. The children have health, educational ond emotional needs 1hal have not been appropriately addrcssed by thcir mother. c, The children have b~'CnmonipuIRled by their mother to rcsistthe structure and discipline their father provides. d, The children have suficrcd due to mol her's arbitrary decisions and changes to an agreed upon custody schedule, e, The children have sulTercd bccouse mother is unable or unwilling to cooperale with father on legal custody issues, 13. Each parcnt whose parental rights of the children have nol bcentemlinaled and the person who has physical custody of the children have been named as parties in lhis aC1ion, There are no other persons who arc known to havc a claim or right 10 custody or visitation in this mailer. WHEREFORE, PlaintilT requests this Honorable Court 10 grant primary physical and legal custody of the children to the PlaintilT, Benjamin p, Ahles, By: Respeclfully submitted, ~/ ,/~ I ..'1 /,,' , -A/llIl/I.' ?. r-' Ka~lIcen Carey Do ey, Esqllit Allorney No. 30078 ( 1029 Scenery Drive Ilarrisburg, P A 17109 (717) 657-4795 Allorney for PlalIllUl' . , * &, n J r""'ln (J, f) h 1":'Plaintiff : IN TIlE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAf-l . . * :NO. ,,<;'". r'j"/'1 CIVIL 19 Gt')('\('uu /1.1,\"(""'- Defendant : CUSTODY/VISITATION ORDER OF COUHl' o d I I.,..., /'/'U . AND NOW, this (date) , upon consideration of the att~ched comp~aint, it is hereby directed that thq p~rties,~nd the~r respect~ve counsel appear before \1. I,,,, { l. L,,'l"~ (,y< the conciliator, at c. - h'. ({'fI-' ' . Ii on the -.9 1-1, day of Vv m " , 191.J' , at . fV, H., for a Prehearing 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~y the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , FOR THE COURT: By: 111It'k".[J d J!J(W,'i:P {~I Custody Conc~liator ~~( YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOr - HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL IlELP. OFFICE OF TilE COURT ADMINISTRATOR COURTJlOUSE, FOURTIl FLOOR CARLISLE PA J 7013 (717) 240-6200 . . BENJAMIN P. AHLES, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. I 'l'~ ~j f iff (f 1'11; l' ,...J1 I NO. ' l""~- ~ GENEVA POLITZER, I Defendant I CUSTODY/VISITATION ORDER OF COURT YOU, Geneva Politzer, Defendant, have been sued in court to obtain custody, partial custody or visitation of the childrenl SteDhen J. Politzer-Ahles and David A. Politzer-Ahles. You are ordered to appear in person at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, on , at .m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 BENJAMIN P. AHLES, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. I I CUSTODY/VISITATION v. GENEVA POLITZER, Defendant PETITION FOR CUSTODY 1. The Plaintiff is Benjamin P. Ahles, an adult individual who re.ides at 3514 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Geneva politzer, an adult individual who re.ide. at 15 W. springville Road, Boiling springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff seeks primary physical and shared legal cu.tody of the following children I IiW DATE OF BIRTH 12/ 16/85 05/05/87 Mil 9 yr.. stephen J. Politzer-Ahles David A. Politzer-Ahles 8 yr.. The children are presently in the shared physical custody of their mother, Geneva Politzer, who resides at the addre.. above and their father, the Plaintiff herein. The children were born in wedlock. 4. During the past five years the children have lived with the following persons at the following addresses I From 8/89 to 11/90 the children lived with their mother and father at 7700 Farmdale Lane, Harrisburg, PA. From 11/90 to present the children lived with their mother SO, of the time at the following addresses: 11/91 to 11/92 - 223 B Earl Avenue, Harrisburg, PA. 11/92 to 11/94 - 171 E. Old York Road, Carlisle, PA with their mother and her husband, David Hardy. 11/94 - 08/95 - 15 W. Springville Road, Boiling springs, PA with their mother, her husband, David Hardy and their half-brother, Michael Politzer-Hardy. 08-95 - to present - 15 W. Springville Road, Boiling springs, PA with their mother and their half-brother, Michael Politzer-Hardy. From 11/90 to present- the children lived with their father SO, of the time at the following addresses: 11/90 to 11/91 - 222 Lafayette Street, Apt. 3, Harrisburg, PA. 11/91 to 11/92 - 222 Lafayette Street, Apt. 2, Har~isburg, PA. 11/92 to 10/93 - 223 B Earl Avenue, Harrisburg, PA. 10/93 to 10/94 - 925 C Bosler Avenue, Lemoyne, PA. 10/94 - present - 3514 Beech Run Lane, Mechanicsburg, PA. with their father, his wife, Marilyn Murphy and her son, Paul sitko. 5. The mother of the children is Geneva Politzer, currently residing at 15 W. Springville Road, Boiling Springs, cumberland County, Pennsylvania 17007. Her marital statue is married but separated. 6. The father of the children ie Benjamin P. Ahles, ourrently residing at 3514 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. His marital status ie married. 7. The relationship of the Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: UAtm RELATIONSHIP Marilyn J. Murphy Wife Paul D. Sitko Step-son Stephen J. Politzer-Ahles Son David A. Politzer-Ahles Son B. The relationship of the Defendant to the children is that of mother. Defendant currently resides with the following persons I li6tm RELATIONSHIP Stephen J. Politzer-Ahles Son David A. Politzer-Ahles Son Michael Politzer-Hardy Son 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 the custody proceedings of the childrsn pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical cu~tody of the children or claims to have custody or visitation rights with the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because I a. The parties have enjoyed a shared physical and legal custody arrangement since February of 1995. This arrangement has called for the children to reside on alternating weeks with their 3 mother and father. The partieB had been able to make arrangementB for the children's school and extra-curricular activities under thiB arrangement. b. The mother of these children has recently undergone a martial separation and is not able to provide for the emotional and phYBical needs of the children in a consistent manner. This change of circumstances has necessitated a change of custody. c. Issues with regard to shared legal custody have arisen during thiB time wherein the Plaintiff has not had input in the deciBion-making process with regard to the children's needB. d. The children have a close and warm relationship with their father and it is in their best intereBt for him to have the children at this time. 10. Each parent whose parental rights of the children have not been terminated and the person who has phYBical custody of the children have been named aB parties to this action. There are no other personB who are known to have a claim or right to custody or visitation in this matter. 4 WHBRBFORE, Plaintiff requests ths Court to grant primary phyaical and shared legal custody of the children to the Plaintiff, Benjamin P. Ahles, and the Defendant, Geneva politzer. BYI Attorney for Plaintiff 5 d. 11/94 to 8/95 - 15 W. Springvillc Road, Boiling Springs, Pennsylvaniu with their mother, her husbund, David Hunly ullllthcir hulf-brother, Michuell'olltzcr-Hurdy. c. 8/95 to prescnt - 15 W. Springvllle Roud, Boiling Springs, I>ennsylvanlu wllh their mothcr und their hulf-brother, Mlchucll'olitzer-Hurdy. From May 1995 until approxlrnately Septcmber, 1995 thc parties ugreed on a trial busis to share physical custody of the chlldrcn. 11le mother, Gencvu l'olit7.er, hus previously cxprcssed her dissatisfaction over thc shared physical custody arrungcmcnt us well us her concem regarding thc children's academic perfonnance sincc this urrungcment wus commenccd. 5. Admittcd. 6. Admlttcd. 7. Admlttcd in purt, the Dcfendunt wishes to clurlfy that us she stlll has primury physical custody of the parties' children, that thcy only residc with thc father during his periods of partial physical custody. 8. Admlttcd. 9. Denied. a. Admitted In purt, denied In part. It Is udmllted thutlhe parties through anlufonnal ugrcemelll began u period of trial sharcd physical custody In MIlY of 1995. 11lls uITImgcmelll was cancelled by the mother duc to her concems ubout the children's stublllty und ucudemlc wcll being. b. Dcnicd. Whllc the mother udmlts thul shc hus sepuruted from her currcnt husband, shc speclt1cully denlcs thut thllt sepurutllln prevents her from providing for thc emotionulund physical necds of the chlldrcn In II consistcnt IIlllllncr. c. Dcnlcd. 11le Dcfcndunt welcomcs Ihc I'lulnllfrs Input with regllrd to those Issues that utc uddrcsscd by thc Pllrtles' shurcd Icglll custody of the chlldrcn. d. Admitted In part, denied In part. It Is udmitted that the children shure a close und warm relationship with their father und it Is In their beb1 Intereb1s for them to continue to pursue the relatioushlp with the father. By wuy of further unswer, the children ulso have u close and wunn relationship with their mother, the children's primury physlcul custodlulI fur the past five yeurs, und the children wish to continue to pursue this rcIutlonshlp with the mother. l11e children have speclficully requested their mother to put an end to the shured physicul custody U1Tl1ngementu~ it hus disrupted their lives. TIle children have expressed to the mother their desire to continue to live primarily with her, but wish to ll1uintain their close contact with their father as well through II regular schedule of visits with him. 10. Admitted. WHEREFORE, Defendant requeb1s this Honomble Court to dismiss the Plaintiffs Petition for CUb10dy and grant her primary physical cUb10dy and share legal custody of the children. Respectfully submitted, KA YER & BROWN By: 1:-- i. s J. yer squire S eme t. 1. . #50838 rty ft 4 Eus1 Liberty A venue Curllsle, PA 17013 (717) 243-7922 Attomey for Defendunt Date:J.J / '1 / 1 ~ '. 4. Issues yet to be resolved: Custody. 6. The Plaintiff's position on custody Is es follows: The Plaintiff believes that he should be entitled to primary physical custody of the two minor children. This Is es e result of what he perceives es his ex-wife changing her position on custody repeetedly such thet he has been denied access. He says that from February of 1995 until Septembar of 1995, they agreed to a week on, week off basis. There was soma disruption In that agreement, but essentially thoy shared the time equally with the children. Once he flied the custody complaint, he believes thet she then restricted his access. He Is willing to agree to the week on, week off basis provided that he can have the children picked up at 4:30 p.m. by his current spouse on the weeks that he has the children. Initially, the children were In daycare after school during the weeks that he had custody but he was willing to agree at the conciliation conference that the children go to their mother's house rather than a daycare provider provided he could pick them up by 4:30 p.m. 6. The Defendent's position on custody Is as follows: The Defendant says that she only started the week on, week oft besls beginning In May of 1996 as an experiment. She believes that the experiment did not work because Father took the children to daycare after school rather than have the children be with her from after school at 3:00 p.m. until approxlmataly 4:30 p.m. She also believed that It wes Inappropriete for Father to enroll the children In activities that were away from her 2 home. Therefore, she bellevss that the schedule should remain such that she has primary custody with every other weekend visitation with Father as well as two other days on the ofl wesks. 7. Need for ssparate counsel to represent children: Neither party requested. 8. Need for Independent psychological evaluation or counseling: Father requasted that the parties submit themselves to a psychological evaluation with Arnold Shelnvold, Ph.D. Father agrees to pay for the psychological evaluation. 9. A hearing In this matter is expected to take one day. 10. Other matters and comments: The parties were very close to reaching an agreement in this case. Mother was willing to go back to the week on, week off basis provided that the Father not have the children in daycere belore school end after school. Father was willing to accommodate Mother's request since Mother lives near the school and it made more sense for the children to be with her rather than be in daycare. Father wanted to pick up the children at 4:30 p.m. Mother was insistent that she have some time with the children after school and that they not be picked up until 6:30 p.m. Once the parties could not agree upon the time of the plok up, the entire agreement fell through. The parties are having an extramely 3 difficult time communicating with one another and cennot seem to accept each other's parenting philosophy. Date: 16 Novamber 1996 /1 ,/ Michael L. Bangs Custody Conciliator 4 D. Fathar shall have the children on alternating weekends. The pick-up time on Father's alternate weekends shall be such that on one weekend, he shall pick up the children at 6:00 p.m. on Friday, and the other weekend he shall pick the children up at 9:00 p.m. on Friday. This pick up schedule shall rotate In line with Father's alternating weekend schedule. 3. The parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. This alternating schedule shell commence with Father having the Fourth of July in 1997, and shall elternate thereafter. 4. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. 6. The Christmas holiday shall be split into two segments. Segment A shall be from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon; Segment B shall be from Christmas Day at 12:00 noon until December 26th at 12:00 noon. Mother shall have Segment A In 1 997 and ail odd-numbered years theraafter and Father shall have Segment B in 1997 and ail odd-numbered years thereafter. Mother shall have Segment B in 1998 and all even-numbered years thereafter