The URL can be used to link to this page

Home My WebLink About96-02409 " ," ,\ , I ~ I : I ; I I I I ... I " " ~ I , , ! J , , , I , , i I " " !' " "\. , \ I 'I , 'i, ~/ ~' ~ J 0.- ~ ~ , ..) ~ . ~ , . JOHII J. WIlAVlR, I IN THI COURT OF COMMON PLIAS I CUMBIRIJUfD COUNTY, PIIINSYLVANIA Plaintiff I I Y. I 110. 96- "J 'I v 'J CIVIL TlRM I CHIRYL IUOI WIlAVBR, I CIVIL ACTION - LAN I Defendant I CUSTODY ACTIOII CUSTODY COMPLAINT TO THI HONORAlLI JUDOIS OF SAID CO~RTI 1. The Plaintiff is John J. Weaver who resides at 112-C West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011- 2. The Defendant is Cheryl Ann Weaver, who currently resides at 109S-C Superior Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 3. plaintiff seeks legal and primary physical custody of the following child: IfAIm PRESINT RISIDENCI John Stephen Weaver 112-C West vine Street Dml SfZ1/84 Shiremanstown, PA 17011 The child was not born out of wedlock. The child is presently in the physical custody of John J. Weaver at 112-C West Vine Street, Shiremanstown, PA 17011. .' Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the child throughout his life. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. D. Plaintiff has been the primary caretaker of the , , " child since the partios separated in 1994. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. ~RJ:rORJ:, Plaintiff requests this Honorable Court to confirm the current custody arrangement by granting him shared legal and primary physical custody of his child during the school year while granting Defendant liberal periods of partial physical custody during the school year and primary physical custody of the child during the his school summer break while granting Plaintiff liberal periods of partial physical custody during the child's summer. Respectfully submitted, -;J;1fl'>1C,/) D, ~)".t<l.l Thomas D. Gould, Esquire ID #36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 3 ',o( I'! I~ CO') >- N lc: .. :~ .::t :c f!.' C>... .'~ C tj,: l..") }~ I i~ .~! ~ " ,', ", ~ ,f) a a' --)~ 'i141-<"M tit/tit ,.A!d<(,J- , , , " JOHN J. WEAVIR, I IN THE COURT OF COMMON PLEAS PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I V. I No. 96-2409 CIVIL TERM I CHERYL ANN WEAVER, . . DEFENDANT I CIVIL ACTION-LAW CUSTODY AGREEMENT :-rt... THIS AGREEMENT, made this ~ day of ~__n' 1996, by and between John J. Weaver, hereinafter ref~ather, and Cheryl Ann Weaver, hereinafter referred to as Father. WITNESSETH: WHEREAS, Mother and Father are the parents of John Stephen Weaver, born May 27, 1984; and WHEREAS, Father filed a Cu~tody Complaint on May 2, 1996; and WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of their child; NOW THEREFORE, it is agreed by the parties that: 1. Mother and Father shall share legal. custody of the child, which means that each party is to have equal access to the child's personal, school and medical records and each party is to inform tile other of significant events that occur in the child's lives. 2. The parties shall share physical custody of the child. a. Father shall have primary physical custody of John during the school year subject to Mother's periods of temporary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p,m. b. During the summer, which shall commence on thE! first Saturday following the close of the school year and shall end two weeks prior to the resumption of the school year in the Fall, the Mother shall have primary physical custody of John subject to Father's periods of tempol'ary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. c. Mother and Father agree to continue to work out a mutually acceptable holiday and vacation schedule. f N ?; - N "'i~ .) :c J<f. u.. ,'~ ft' . ~,. .3 ":'i u- I Vi ?'; I" 0 "j =, ;:,) l>. ~ () u - " ... ','<).. Qo. , j;:; ('I t: ~1 ., N '~ ...... h ~ ,.. ... .."J '... - ~!t: I, 4) .;'~ ;1:: (., ~i. '\ , ~~, .... I.";.:_i .... ~" -'1" . ~ (, 1- . -J~7~ N ',.1.1' ,c::'~' ::-. I"Z ,;,)1.<1 ,I, C) \II~~ . I" :r: " 't. (T\ [5 1 ~ 0 (T\ ~ .' . 'I . ' . r. 'I'" "I 1~l!jg 0- the child's personal, school and medical records and each party is to inform the other of significant events that occur in the child's life. 2. The parties shall share physical custody of the child. a. Mother shall have primary physical custody of John subject to Father's periods of temporary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. b. During the Summer, which shall commence on the first Saturday following the close of the school year and shall end two weeks prior to the resumption of the school year in the Fall, Father shall have physical custody of John at such times as can be agreed by the parties. c. Mother and Father agree to continue to work out a mutually acceptable holiday and vacation schedule. d. Mother arid Father agree to consider the wishes of the child regarding his individual desires as to physical custody, however, the final decision shall be made by mutual agreement of Mother and F~ther. 3. Both parents understand the need to provide a loving and stable environment for their child. 4. The primary physical custodial parent agrees to encourage contact between the child and the other party. 5. Mother and Father agree to place their personal differences aside and work for the best interests of the child. -2- \ CERTIFICATE OF SERVICE I', i'" I" " I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: TIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 ~t~, Esquire SNELBAKER & BRENNEMAN, P. C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Cheryl Ann spencer (Formerly Cheryl Ann Weaver) Date: November/t, 1999 I , b ~w lU'I'lt:Il.'i SNIU.aAIU:I~. BRENNf.M"N 1.\ Sp"nF;