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HomeMy WebLinkAbout96-01930 ,....i , .., ". o , -.)." -"",," ~ , -' .~ ,. i-!, - ~ o r. o~ I ~ ...,...., i <~- , ~ /' if '--:> .... ...., t- 'f,> 1" ". \.-) \ - ~ '-,f d, I," ,,~, -.--) ! z ~ ct f- t: ::l! w 0( ~~~~~ u: ct f- X >-' ~ a: 1Il 0 1Il ;: lD a III ~ ~a:9~~ >-:ll Ii ct ([ ""l :J lJl if It 0( J: " ' t\ 1 ~ !;l f:: E w a l w ~ w f- . -',(' :j\ RICHARD YINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. rJt../'iJo(!I.I,J - /..'J--. WANDA BOWERMASTER and SHIRLEY MYERS, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Richard Yinger, who resides at RRl, Box 221, Lot 74A, New Bloomfield, Pennsylvania, 1706B. 2. The Defendant is Wanda Bowermaster, who resides at 2210 Ritner Highway, Apartment 1, Shippensburg, Pennsylvania, 17257. 3. The Defendant is Shirley Myers, who resides at 350 Ponderosa Road, Carlisle, Pennsylvania 17013. 4. The Plaintiff and Defendant Wanda Bowermaster were never married but are the parents of one child, Chianne Yinger, born December B, 19B1, age 14 years. 5. Plaintiff seeks partial custody of the minor child. 6. The child was born out of wedlock. 7. The child currently resides with her maternal grandmother, Shirley Myers. B. During her life, the child has resided with the following persons at the following addresses: a. From birth until 19B3, she resided with her mother and father. b. From 19B3 until an undetermined time, she resided with her maternal grandmother, Shirley Myers. c. For most of the rest of her life, she has resided at various addresses with her mother and stepfather, Alan Bowermaster. d. until March B, 1996 she resided with her mother and stepfather at 2201 Ritner Highway, Apartment 1, Shippensburg, Pennsylvania 17257. e. From March B, 1996 and presently, she resides with her maternal grandmother, Shirley Myers at 350 Ponderosa Road, Carlisle, Pennsylvania 17013. 9. The mother of the child is residing at 2201 Ritner lIighway, Pennsylvania 17257. 10. The father of the child is Richard Yinger, currently residing at RRl, Box 221, Lot 74A, New Bloomfield, Pennsylvania 1706B. 11. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with his wife, Darlene Yinger and his stepdaughter, Susanne Trayer. 12. The relationship of Defendant to the child is that of mother. The Defendant currently resides with her husband, Alan Bowermaster and their child. 13. The relationship of Defendant to the child is that of maternal grandmother. The Defendant currently resides with the child and her husband, Lee Myers. Wanda Bowermaster, currently Apartment 1, Shippensburg, 2 14. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or in any other Court. However, when the child was three, she was placed with her maternal grandmother by cumberland Counl:y Children and Youth. Plaintiff signed an agreement allowing this placement of the child. He does not know if this was pursuant to any custody action. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 16. 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. 17. The child is currently residing with her maternal grandmother, who has been named a party to this action, after she attempted suicide. lB. Plaintiff requests that both parties be awarded shared legal custody. 19. The best interest and permanent welfare of the child will be served by granting Plaintiff the relief requested. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 21. Plaintiff requests that he be awarded temporary physical custody of the child. 3 ~h c. ~~-~: .', .. IJI'.- L' ; . ()r r-< , . J. . , .. .;.:J (,)' , ' [';-1' ("" . ~ iJ r;J:. I... ._,; If,) I o. J (l.. I'. 1..1:) ~i (.j ( ~I ,J - RICHARD YINGEll, Plaint! ff v. I IN TilE COURT OF COMMON PLEAS I CUMOERLAND COUNTY, PENNSYLVANIA I )') Jo I NO. 96-1~~ CIVIL I I I CIVIL ACTION - LAW I CUSTODY WANDA BOWERMASTER nnd SIlIRLEY MYERS, Defendants ORDER AND NOW, this ~~ day of is 1996, upon consideration of the within hereby Ordered and Decrend th~t thp. nnnpxed Stipulation be I , I I .1 .1 . , made an Order of the Court. J. '- 4. The partlns wnre nevnr married but ~rn the parents of one minor child namnly: Chiannp Yinger, date of birth December B, 19B1. 5. On or about April l0, 1996, Father filed a Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvonin in which he sought tnmpor~ry physical custody of the child. 6. The parties belinve it is the minor child and are desirous establishing such times for Father. 7. Accordingly, the parties stipulate and agrne as follows in regard to the parties' minor child: a. Legal Custody. The partieR shall share legal custOdy of the minor child so that e~ch shall participate equnlly In major decisions affecting the best interest of said child, including, but not limited to, medical, religious and education~l decisions and, further, each p~rent shall have equal ~ccess to medical, dental and school recordsl b. Prim~ry Physic~l Custody. Mother shall have primary physical custody of the minor child. Ilownver, since the child is currently residing with Grandmother and it is anticipated thnt the minor child will continun to reBide with Grandmothnr for ~n indefinite period of in the beat Interests of of entering an order -2- ... timQ, Grandmother will have primary physical custody of the minor child while she resides in Grandmother's home. c. Partial Physicnl Custody. Father shall have partial physical custody of the minor child as follows: i. WeQkonds. ~lternating weekends from Friday afternoon until Sunday evening, ii. Holidays. At times that are mutually agreeable to the partiesl and iii. At all other times as mutually agreeable to the parties. B. The parties shall be allowed unlimited phone contact with the child as long as it is not burdensome and harassing. 9. Neither party shall speak ill of or malign the other party to the child. 19. The parties hereby waive the requirement of Rule 1915.7 requesting that the parties and the child be present before the Court to present this StipUlation and further intend this StipUlation to be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, subject to modification as provided by law. -)- ~ - Intending to be legally bound, the parties have signed the stipulation ~s evidenced below. _ ,I /' . ( .,- ,.. r-,( 61 -).t.....\~:(./I'I:.' -:(.( / WANDA BOWERMAS~ER WITNESS \...J..:...- WITNESS .::.c- -4- i i I \...