Blankley v. Blankley

28 Pa. D. & C.4th 561, 1993 Pa. Dist. & Cnty. Dec. LEXIS 17
CourtPennsylvania Court of Common Pleas, Fulton County
DecidedOctober 22, 1993
Docketno. 129 of 1993-C
StatusPublished
Cited by1 cases

This text of 28 Pa. D. & C.4th 561 (Blankley v. Blankley) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fulton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blankley v. Blankley, 28 Pa. D. & C.4th 561, 1993 Pa. Dist. & Cnty. Dec. LEXIS 17 (Pa. Super. Ct. 1993).

Opinion

KAYE, J.,

This custody action was initiated on April 12, 1993 with the filing of a complaint by Karen D. Blankley, plaintiff, against her husband, Steven P. Blankley, defendant. Plaintiff seeks primary physical custody of the parties’ two natural children, Steven, age 7, and Christopher, age 5. A temporary custody order was entered providing for alternating weeks of physical custody by the parties. This schedule was to commence on Sunday, April 18, 1993, with custody first being exercised by plaintiff. The defendant’s failure to abide by the temporary order resulted in the filing of a petition for contempt by plaintiff on June 2, 1993. The court subsequently entered an order on June 29, 1993 providing that plaintiff would be entitled to exercise custody for the following six weeks, with alternating weekend visitation by the defendant. The six-week custody period was ordered to compensate for the period of time during which the defendant refused to allow plaintiff to see the parties’ children. Beginning on Friday, August 6, the alternating weekly custody schedule resumed.

[562]*562A hearing was conducted in this matter before the undersigned on July 8, 1993. Plaintiff was represented by counsel at the hearing, with the defendant appearing pro se. Based on the evidence adduced at hearing and the uncontroverted pleadings of record, the court enters the following:

FINDINGS OF FACT

(1) The parties were married on April 18, 1984 and are the natural parents of Steven P. Blankley II, bom August 2,1986 and Christopher J. Blankley, bom January 8, 1988.

(2) Plaintiff was bom on January 10, 1967 and has resided at HCR 81, Box 34, Needmore, Fulton County, Pennsylvania since March 20, 1993.

(3) Defendant is 32 years of age and resides in the marital home at R.D. #1, Box 1435, Warfordsburg, Fulton County, Pennsylvania.

(4) The parties’ current residences are located approximately seven miles apart and are both within the Southern Fulton School District.

(5) Plaintiff permanently separated from her husband on March 20, 1993 and has resided with her parents since that date. She is a high school graduate and has been employed by Fleetwood Travel Trailers in Hancock, Maryland since 1991. Her work hours are from 7 a.m. to 3:30 p.m., Monday through Friday.

(6) Plaintiff currently resides with her parents in a three-bedroom rancher with a dining room, kitchen, living room, two baths and finished basement. The home is located on three acres of land with a large mowed area for outdoor activities. A volleyball net is set up in the yard. The children share one of the bedrooms in the house during plaintiff’s periods of custody.

[563]*563(7) Plaintiff plays volleyball with her sons, attends their baseball games, plays baseball, swims and reads with them. She attends religious services at the Grace Nazarene Church in Hancock, Maryland.

(8) Prior to the parties’ separation, plaintiff was the primary caretaker of the children. She picked the children up at the babysitter’s after work, made their meals, bathed them and put them to bed. Plaintiff helped Steven, who attended first grade during the 1992-93 school year, with his schoolwork on a daily basis.

(9) Plaintiff’s parents keep guns in their home, however, they are kept in a location which is secured with a lock.

(10) Plaintiff is a cigarette smoker, but does not smoke in the house or vehicle when the children are present.

(11) Plaintiff’s sister, Tammy L. Garland, babysits in her home for Steven and Christopher from 6:15 a.m. until 3:45 p.m. on weekdays during plaintiff’s exercise of custody. Ms. Garland has cared for the children since 1991 when plaintiff became employed with Fleetwood Travel Trailers. Ms. Garland has a small swimming pool, riding toys and a playhouse at her home. She is married and has a 1-year-old child.

(12) Defendant resides in a 14 by 70 foot mobile home, with a bedroom addition. The residence is located on 72 acres of land, with a large outdoor area for play. The mobile home has a living room, kitchen/dining area, all purpose room with toys, two bedrooms and two baths.

(13) Prior to their separation, the parties had resided in the previously described mobile home for approximately one year. They previously resided for eight years with defendants’ parents in a home located on the same property.

[564]*564(14) Defendant is a high school graduate and has been employed by Rayloc throughout the parties’ marriage. His work schedule is from 7:30 a.m. until 4 p.m., Monday through Friday.

(15) Prior to their separation, defendant would wake the children in the morning, get them dressed and take them to the babysitter’s home. He would also help occasionally with Steven’s schoolwork. Since the parties’ separation, defendant takes the children to another babysitter during his periods of custody. He plans to have his niece, Wanda Wagaman, babysit the children in his home if he is awarded custody.

(16) Defendant takes the children miniature golfing and has taken them to the zoo during his exercise of custody. Defendant also purchased a horse for Steven in April 1993.

(17) Defendant attends Faith Assembly Church on Saturday, Sunday and Wednesday evenings. He also attends religious revivals when they are scheduled. Defendant began attending church shortly after the parties separated.

(18) Prior to the parties’ separation, defendant kept 12 guns in the marital home within reach of the children. He now has only one gun, which is owned by his father.

(19) Defendant was hospitalized for depression during the first week of February 1993 following the parties’ initial separation on January 30, 1993. Prior to ibis voluntary hospitalization, defendant had threatened to commit suicide. Defendant was given anti-depressant medication during his hospitalization, the use of which he discontinued two weeks after his release.

(20) Defendant has an alcohol problem and has been advised to regularly attend Alcoholics Anonymous [565]*565meetings. He attended the meetings for a short time, but has not participated since March 22, 1993. His stated reason for failing to attend is that the smoking which occurs at the meetings aggravates his asthma condition. Defendant stopped drinking after the parties’ second separation on February 20, 1993.

(21) Defendant has periodically beaten plaintiff during their marriage and is currently on probation as a result of “shaking” his wife.

(22) Both parents discipline the children by withholding privileges, standing them in the comer or spanking them. Defendant tends to hit the children more severely when he is drinking and admits to having gotten “carried away” with disciplining them on occasion.

(23) Subsequent to the parties’ separation, defendant has called plaintiff “the devil” and asserted that God is on his side, within hearing range of the children.

(24) hi the year prior to January, defendant drank in front of the boys a couple of hundred times. He normally consumed a 12-pack of beer per evening and three or four cases of beer during a weekend.

(25)The court’s custody mediation officer, Eugene H. Stecher, has made the following recommendation:

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Bluebook (online)
28 Pa. D. & C.4th 561, 1993 Pa. Dist. & Cnty. Dec. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blankley-v-blankley-pactcomplfulton-1993.