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Home My WebLink About03-1234 HEATHER MARIE SHUNK, Plaintiff Vo JASON ALLAN COMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' : NO. 2003-/523,q~ CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Heather Marie Shunk, residing at 231 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Jason Allan Comer, residing at 124 B Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The plaintiff seeks custody of the following child: Name Permanent Residence Chaya M. Comer 231 N Bedford Street Carlisle, PA 17103 The child was born out of wedlock. The child is presently in the custody of the Plaintiff. Age 8 months During the child's lifetime, she has resided with the following persons and at the Address Date 124 B Street 7/02 to 3/03 Carlisle, PA 17013 231 N. Bedford Street 3/03 Carlisle, PA 17013 following addresses: Name Heather Marie Shunk Jason Allan Comer Heather Marie Shunk Penny Shunk The mother of the child is Heather Marie Shunk, whose residence is currently 231 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania.. She is single. The father of the child is Jason Allan Comer, currently residing at 124 B Street, Carlisle, Cumberland, Pennsylvania, 17013. He is single. 4. The relationship of plaintiff to the child is that of mother The plaintiff currently resides with her mother. 5. The relationship of defendant to the child is that of father. The defendant currently resides with his father. 6. The child currently resides with the mother. 7. The 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 any other court. 8.The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10.The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to, the following: a). The mother has been active in the care and nurturing of the child since birth b.) The mother is the parent best able to facilitate contact with the other parent. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the children to the plaintiff with partial custody in the defendant. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Margart/t M. Simok Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Margaret M. Simok, attorney at MidPenn Legal Services, verify that the statements contained in the above Complaint are true and correct to the best of my knowledge. The information is based on telephone conversations with Heather Marie Shunk, the plaintiff. This verification is made pursuant to Rule 1024 (c) (2) of the Pennsylvania Rules of Court, since Plaintiff is unavailable and her verification cannot be obtained in a timely manner. I understand that any false statements made are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 3~15 -0.2} Margare(~vl. Simok Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243-9400 HEATHER MARIE SHUNK, Plaintiff Vo JASON ALLAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003-/o2.~ fi' CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heather Marie Shunk, Plaintiff, to proceed in forma pauperis. I, Margaret M. Simok, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Margaffet M. Simok Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 6 HEATHER MARIE SHUNK, Plaintiff JASON ALLAN COMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- /~.3 ¥ CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on th~~ day and year hereinafter set forth, by and between Heather Marie Shunk, hereinafter referred to as "Mother" and Jason Allan Cromer, hereinafter referred to as "Father". WHEREAS, Mother is an adult individual currently residing at 231 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013; and WHEREAS, Father an adult individual currently residing at 124 B Street, Carlisle, Cumberland, County, Pennsylvania 17013; and WHEREAS, the parties are the natural parents of Chaya M. Cromer, born July 21, 2002; and WHEREAS, the parties wish to enter into an agreement relative to custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of partial physical custody belonging to the Father such that Father shall enjoy periods of partial physical custody of the child as follows: 2 a.) alternating weekends, from 6:00 p.m. Friday through 9:00 a.m. Sunday; b.) every Wednesday evening from 4:00 p.m. through 8:00 p.m. In the event that either parent's schedule changes that prevents this Wednesday custody from occurring, Mother and Father will make every effort to arrange for an alternate weekday consistent with both of their schedules. 3. Father shall enjoy custody of the child on Father's Day, and Mother shall enjoy custody of the child on Mother's Day. 4. Mother shall have the child until 1:00 p.m. and Father shall have the child from 1:00 p.m. through 7:00 p.m. on the following holidays: New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. 5. Mother shall have the child until 1:00 p.m. and Father shall have the child from 1:00 p.m. through 7:00 p.m. on the child's birthday. 6.Neither party may remove the child from Cumberland County. 7. The parties shall keep each other advised of any doctor's appointments concerning the child. The parties shall further keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 3 9. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 10. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. Heather Marie §hunk Plaintiff/Mother of the child Jasdn Allan Comer Defendant/Father of the child Margaret~M. Simok v Attorney for the Plaintiff Date Da~e Date 4 COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, thc [ ~'~day of March, 2003, before, the undersigned officer, appeared JASON ALLAN COMER, known to me (or satisfactorily proven) to be thc same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL iCLAtJDIA A. BREWBAKER, NOTARY PUBLIC Car!isle Bore, Cumberland County My Commission Expires April 4, 2005 Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the [g~ ~ay of March, 2003, before, the undersigned officer, appeared HEATHER MARIE SI-IUNK, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ....... NOTARIAL SEAL CLAUDIA k. BREWBAKER, NOTARY PUBLIC Bore, Cumberland County MyCarliSleCommissi°n Ex, res April 4, 2005 l~6'{ary }~blic 7 HEATHER MARIE SHUNK, Plaintiff Vo JASON ALLAN COMER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- /oQ3qt CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY ORDER OF COURT AND NOW, this Z q' day of rOa~e.~ _, 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT,