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HomeMy WebLinkAbout07-1157 ERIN E. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07 -I ,~ CIVIL TERM IN CUSTODY VERNON L. McCLURE, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Erin E. Wagner, residing at 20 Marilyn Drive, Cumberland County, Carlisle, Pennsylvania 17013. 2. The defendant is Vernon L. McClure, who is incarcerated at FCI Schuylkill, P.O. Box 759, Minersville, Pennsylvania 17954. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Aae Adrian Wagner 20 Marilyn Drive 3/11/2000 6 years Carlisle, PA Sydney Wagner 20 Marilyn Drive 11/19/04 2 years Carlisle, PA The children were born out of wedlock The children are presently in the custody of Erin E. Wagner who resides at 20 Marilyn Drive, Cumberland County, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: All Persons All Addresses Dates Erin E. Wagner 7 Pine Road, Apt. 106 Mt. Holly Springs, PA 21 County Club Road Carlisle, PA 3/11/00-6/1/04 Erin E. Wagner 6/1/04-10/31/04 Erin E. Wagner 118 Lakeview Drive Carlisle, PA 10/31/04-2/1/05 Erin E. Wagner 218 E. North St. Carlisle, PA 2/1/05-8/15/05 Erin E. Wagner 20 Marilyn Drive Carlisle, PA 8/15/05-present 4. The mother of the children is Erin E. Wagner residing at 20 Marilyn Drive, Cumberland County, Carlisle, Pennsylvania. She is not married. The father of the children is Vernon L. McClure, currently incarcerated at FCI Schuylkill, P.O. Box 759, Minersville, Pennsylvania. He is not married. 5. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons. Name(s) Adrian and Sydney Wagner Relationship Children 6. The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons. Name Relationship Incarcerated n/a 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Plaintiff continues to maintain the same family household for the children that has been maintained since birth. The Defendant is constantly in and out of jail and has no permanent address and therefore cannot provide stability to the children. WHEREFORE, Plaintiff requests this Honorable Court grant Plaintiff primary physical custody subject to structured visitation in Defendant as agreed upon by the parties. Respectfully submitted, Date: Mvm t, u>>I- Michael O. Palermo, Jr., Es 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 10 # 93334 Attorney for Plaintiff 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. ERIN E. WAGNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. VERNON L. McCLURE, Defendant No. 07 - 1/:=>/ CIVIL TERM IN CUSTODY STIPULATION AGREEMENT AS TO CUSTODY The plaintiff, Erin E. Wagner, hereinafter referenced as "Mother," and Defendant, Vernon L. McClure, hereinafter referenced as "Father," hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Adrian Wagner, born 3/11/2000, and Sydney Wagner, born 11/19/04, hereinafter referenced as "Children": 1. The parties hereto agree that the best interest and continuing welfare of the Children would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. 95302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. 95309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Children. (d) Father shall have periods of visitation as agreed upon by the parties. 2. Each party shall have reasonable telephone and e-mail access to the Children. 3. The parties shall keep each other advised immediately relative to any emergencies . . concerning the Children and shall further take any necessary steps to ensure that the health, welfare and well being of the Children are protected. The parties shall do nothing that may estrange the Children from the other party or hinder the natural development of the Children's love or affection for the other party. 4. Each party shall not make any disp~raging remarks or allow others to make any disparaging remarks concerning th~ Children's parents in front of the Children. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. consenlJ~ (07 ~/~7 Dae () ItLljOI DAte z/f;0? Dafu Witness for Vernon L. McClure '. () ,...., r- <=> 0 ~ '-- ,,~ ~ --.J -n ~ ~ ::it -{ ~ ):.Joo :c" :;;0 nl- r- ~ ~ p , -om N ;i~~ ......... - C> :::,6 ~ --..1 -0 ~;~ ~q C :x ~ ~ ~ (sm ~ --; ~ ......) ,_....1 ~ -< - -.I -< 't '< ~ " ~ ~ , . ^y MAR 0'1 2007 ~I ERIN E. WAGNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA v. No. 07 - 1/S7 CIVIL TERM IN CUSTODY VERNON L. McCLURE, Defendant ORDER OF COURT AND NOW, this I ~ay of tvl-u L L , 2007 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: 1. The parties hereto agree that the best interest and continuing welfare of the Children would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Children as defined in 2~ Pa. C.S.A. ~5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. ~~~oQ(a). each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Children. (d) Father shall have periods of visitation as agreed upon by the parties. 2. Each party shall have reasonable telephone and e-mail access to the Children. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Children and shall further take any necessary steps to ensure that the health, welfare and well being of the Children are protected. The parties shall lu,~~r;c-'~'~- ; r,S :z t.ld 81 tl\t~4 [ODl ^bVl(),\J./;'.,~CJd 3H1 :10 :I~;I:l:rC)'-Cl:;11L1 emergencies concerning the Children and shall further take any necessary steps to ensure that the health, welfare and well being of the Children are protected. The parties shall do nothing that may estrange the Children from the other party or hinder the natural development of the Children's love or affection for the other party. 4. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. /JJ~" J.