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HomeMy WebLinkAbout03-1749IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. CULLINGS, ) Plaintiff ) ) v. ) ) RONALD L. ABERS, ) Defendant ) NO. - 1' 4'q CIVIL ACTION - LAW CUSTODY COMPLAINT TO CONFIRM MAJORITY PHYSICAL CUSTODY AND NOW, PlaintiffKaren S. Cullings, by and through her attorney, Howett, Kissinger & Conley, P.C., files a Complaint to Confirm Majority Physical Custody against Defendant, Ronald L. Abers, and in support thereof, avers the following: 1. Plaintiff is Karen S. Cullings ("Mother"), who currently resides at 824 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Ronald L. Abers ("Father"), who currently resides at 1231 North Third Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff seeks to confirm majority physical custody of the following child: Name Present Address Date of Birth Anthea C. Abers 824 Second Street 12/29/93 New Cumberland, PA 17070 The child was not bom out of wedlock. The child is presently in the custody of Mother who currently resides at 824 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070. During the past five years, the child resided with the following persons and at the following addresses: Persons Mother Addresses 364 North 24th Street Camp Hill, PA 17011 Mother 824 Second Street 8/98 New Cumberland, PA 17070 to present Dates 1/97 - 8/98 The mother of the child is Karen S. Cullings, who currently resides at 824 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070. She is divorced. The father of the child is Ronald L. Abers, who cun'ently resides at 1231 North Third Street, Harrisburg, Dauphin County, Pennsylvania, 17102. He is divorced. 4. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the following person: Name Anthea C. Abers Relationship Daughter 5. The relationship of Defendant to the child is that of natural father. Defendant cun'ently resides with the following persons: N/A 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court. The parties entered into a Marriage Settlement Agreement which included a custody provision and which was incorporated but not merged into their Divorce Decree of July 1, 1998 and docketed at 98-1496 Civil in the Cumberland County 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 who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the children will be served by granting the relief requested. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, PlaintiffKaren S. Cullings, respectfully requests that this Honorable Court enter an Order confirming majority physical custody of the child to her. Date: Respectfully submitted, ~n~TT~? Y~Ner~7~ O~EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Karen S. Cullings VERIFICATION I, Karen S. Cullings, hereby swear and affirm that the facts contained in the foregoing Cca,~o~ ~i nt to Confirm Majority Physical Custody are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: April 16, 2003 aren S. (~ullings KAREN S. CULLINGS PLAINTIFF V. RONALD L. ABERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1'/49 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 21, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. CULLINGS, ) Plaintiff ) ) v. ) ) RONALD L. ABERS, ) Defendant ) NO. 03-1749 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACCEPTANCE OF SERVICE I, Bruce D. Foreman, Esquire, accept service of the Complaint to Confirm Majority Physical Custody filed in the Court of Common Pleas of Cumberland County on April 16, 2003 on behalf ofRonald L. Abers, Defendant in the above-captioned action, and certify that I am authorized to do so. FOREMAN & FOREMAN 4409 North Front Street Harrisburg, PA 17110 Telephone: (717) 236-9391 Counsel for Defendant Ronald L. Abers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. CULLINGS, ) Plaintiff ) ) v. ) NO. 03-1749 RONALD L. ABERS, ) ) CIVIL ACTION - LAW Defendant ) CUSTODY PENDING FURTHER AGREEMENT OF THE PARTIES CONCILIATION AND/OR HEARING THIS STIPULATION, made this ~ day of~~L~~ 2003, by and between Karen S. Cullings (hereinafter referred to as "Mother") and Ronald L. Abets (hereinafter referred to as "Father"). WHEREAS, the parties, formerly husband and wife, are the Parents of one child namely Anthea C. Abers (hereinafter referred to as "Anthea"), born December 29, 1993; WHEREAS, on or about April 16, 2003, Mother filed a Complaint to Confirm Majority Physical Custody in which Mother will request an order restructuring the time each party spends with Anthea to afford each party with full weekends of custody; WHEREAS, pending further agreement of the parties, conciliation and/or heating, the parties are desirous of entering into interim custody arrangements; NOW, THEREFORE, with the foregoing recitals being hereafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, the parties mutually stipulate and agree that pending further agreement of the parties, conciliation and/or hearing, the custody arrangements between them shall be as follows: 1. ~. Legal custody of Anthea as that term is defined by 23 Pa.C.S.A. §5302 shall be shared by the parties. of Anthea. Mother shall have majority physical custody Anthea in every two week block as follows: Father shall have partial physical custody of (a) Week One. From after school on Thursday to Saturday morning between 12:00 and 12:30 p.m. and from between 12:00 and 12:30 p.m. on Sunday through the commencement of school on Monday. (b) Week Two. From after school on Thursday through the commencement of school on Friday and from between 12:00 and 12:30 p.m. on Saturday through the commencement of school on Monday. 4. ~. Holidays shall be shared between the parties as agreed to by the parties in a manner that permits Anthea to spend time with each Parent's family. 5. ~. The parties shall, to the extent possible, agree to switch physical custody days to accommodate the other's business travel, evening work obligations or other business obligations. 6. ~ Father shall provide transportation in excercising his physical custody rights. 7. Prohibitions. Neither party shall consume alcohol, utilize illegal drugs, or leave Anthea unattended while Anthea is in his/her custody. Moreover, Father shall not retain physical custody of Anthea overnight at his current residence, 1231 North Third Street, Harrisburg, Pennsylvania, 17102 and instead shall return Anthea to Mother's residence by 7:30 p.m. on the evening of each scheduled visit. Father may recommence overnight physical custody periods with Anthea at his residence, once he has relocated to a new suitable residence. Pending his relocation, and upon agreement of the parties, Father shall be entitled to exercise his overnight physical custody Periods with Anthea if he is staying with family members at a residence other than his current residence or if he is on vacation away from his residence, and in that case Father shall provide Mother with the telephone number and address of where Anthea will be in advance of the custody transfer. 8. ~. The parties agree that the terms and provisions of this Stipulation shall, at the request of either counsel, be entered as an Interim Order of Court. IN WITNESS WItEREOF, the parties hereto set their hands and seals the day and year first written above. COMMONWEfl2_,TH OF PENNSYLVANIA BEFORE ME, the undersigned authority, on this day personally appeared Karen S. Cullings, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed.  UNDER MY HAND AND SEAL OF OFFICE this/_~ day of ,2003. Typed or printed e' u Jlallle OtNotary- My commission expires: I ,OTAmAL SEAL ' I Dt'm~A M. StuMP. mOT,,,.m'PUeUC ! ~ OF HARRISBURg. DAUPHIN COUNTY LMY COMM~ON EXPIRES AUG. 29, 2005 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~ ) ) BEFORE ME, the undersigned authority, on this day personally appeared Ronald L. Abers, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of _, 2003. Notary Publ/c -n~~( Commonwealth of Pennsylvania Typed or Printed name of Notary: My commission expires: -- NOTARIAL SEAL MICHEL/A. RENEKER, Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. CULLINGS, ) Plaintiff ) ) v. ) ) RONALD L. ABERS, ) Defendant ) NO. 03-1749 CIVIL ACTION - LAW CUSTODY INTERIM CUSTODY ORDER AND NOW, this ~~_ day of ~, 2003, it is hereby ORDERED and DECREED that the terms and conditions of the Stipulation for Entry of Agreed Upon Interim Custody Order Pending Further Agreement of the Parties, Conciliation and/or Hearing attached hereto are incorporated herein by reference and made an Interim Order of this Court. B Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. CULLINGS, ) Plaintiff ) ) v. ) ) RONALD L. ABERS, ) Defendant ) NO. 3-1749 CIVIL ACTION - LAW CUSTODY STIPULATION FOR ENTRY OF AGREED UPON FINAL CUSTODY ORDER This Stipulation, made this [tge~ day of /Titter_ ,2003, by and between KAREN S. CULLINGS (hereinafter referred to as "Mother") and RONALD L. ABERS (hereinafter referred to as "Father"). WHEREAS, the parties, formerly husband and wife, are the parents of one minor child namely Anthea C. Abers (hereinafter referred to as "Anthea), bom December 29, 1993; WHEREAS, on or about April 16, 2003, Mother filed a Complaint to Confirm Majority Physical Custody in which Mother requested an order restructuring the time each party spends with Anthea to afford each party with full weekends of custody; WHEREAS, on or about April 17, 2003, the parties entered into a Stipulation for Entry of Agreed Upon Interim Custody Order Pending Further Agreement of the Parties, Conciliation and/or Heating which was incorporated into an interim custody order dated May 6, 2003; and WHEREAS, the parties are desirous of entering into a final custody order without the necessity for any further court proceedings. NOW, THEREFORE, with the foregoing recitals being hereafter incorporated by reference herein and deemed an essential part hereof and intending to be legally bound hereby, the parties mutually stipulate and agree as follows: 1. Le_gg_~ Custody. Legal custody of Anthea as that term is defined by 23 Pa.C.S.A.§5302 shall be shared by the parties. 2. Ma|ority Physical Custody. Mother shall have majority physical custody o f Anthea. 3. Partial Physical Custody prior to Father's Relocation. Until such time as Father has relocated from his current residence at 1231 North 3rd Street, Harrisburg, Pennsylvania, 17102 he shall have physical custody of Anthea every Thursday from after school until 7:30 p.m., every Friday from after school until 9:00 p.m. and every Saturday from 12:00 p.m. until 6:00 p.m. In addition, upon agreement of the parties, Father shall be entitled to maintain physical custody of Anthea for an occasional overnight to be spent at Father's brother's home. 4. Partial Physical Custody Subsequent to Relocation. As soon as Father has relocated to a new suitable residence, he shall be entitled to partial physical custody of Anthea in every two week block as follows: (a) Week One. During the school year, Father shall have physical custody of Anthea from after school on Thursday through commencement of school on Monday. During the summer vacation from school beginning in 2004, Father shall have physical custody of Anthea from 3:30 p.m. on Thursday through the commencement of summer daycare on Tuesday. (b) Week Two. During the school year, Father shall have physical custody of Anthea from after school on Thursday through the commencement of school on Friday. During the summer vacation from school, Father shall have physical custody of Anthea from 3:30 p.m. on Thursday through the commencement of summer daycare. 5. Christmas/Thanksgiving/Easter Holidays. Easter/Thanksgiving/ Christmas shall be shared between the parties as agreed to by the parties in a manner that permits Anthea to spend time with each parent's family on each holiday. 6. Other Holidays. The remaining holidays, New Year's Day, Labor Day, Memorial Day, 4th of July, shall be alternated between the parties. Mother shall always have physical custody on Mother's Day and Father shall always have physical custody on Father's Day. Times for exchanges on such holidays shall be as agreed between the parties. 7. Other School Holidays. For all other school holidays which are not work holidays for the parties, Mother shall be responsible for Anthea's care for sixty (60%) percent of said holidays and Father shall be responsible for Anthea's care for forty (40%) percent of said holidays. As soon as Anthea's school calendar is published and disseminated, the parties shall attempt to reach an agreement in regard to the exact holidays and dates for which each will be responsible. If unable to agree then Mother will have first choice of her sixty (60%) percent of said holidays in school years commencing in an even number and Father shall have first choice of his forty (40%) percent of said holidays in school years commencing in an odd number. 8. Anthea's Birthday. The custodial parent on Anthea's birthday shall ensure and permit the non-custodial parent to have Anthea for approximately four (4) hours on her birthday with the exact time to be agreed to by the parties. 9. Summer Vacation_. Each party shall be entitled to one uninterrupted week (a seven day period) of physical custody of Anthea during the traditional summer school vacation upon thirty (30) days advance written notice to the other party. 10. ~. Father shall provide the transportation in exercising his physical custody rights hereunder. 11. C°°oerati°n/Make-Up/Right of First Refusa . The parties shall, to the extent possible, agree to switch physical custody days to accommodate the other party's business travel, evening work obligations or other business obligations. The party requesting a change of the schedule due to a business or other commitment shall provide the other party with as much advance notice as possible ora requested change. In the event the requesting party's schedule cannot be accommodated by the other party, the requesting party shall be responsible for obtaining appropriate child care for Anthea while he/she is away. In that event, the name, address, and telephone number of the child care provider shall be provided to the other party. Likewise, in the event that either parent has to be away from Anthea for more than a four (4) hour period during his/her custodial period, he/she shall provide the other party with the right of first refusal to provide child care during that period. However, in the event the non-custodial parent does not exercise his/her right of first refusal, then the custodial parent shall be responsible for ensuring appropriate child care for Anthea while that parent is away. 12. Prohibitions. Neither party shall consume alcohol, utilize illegal drugs, or leave Anthea unattended while Anthea is in his/her custody. Moreover, each party shall ensure that any firearms in his/her possession will be kept in a gun safe or other appropriate locked compartment and ammunition will be kept at another location. Until such time as Father has relocated to a suitable new residence, Anthea shall not be permitted to visit his current residence for any reason whatsoever. 13. Vacation of May 6, 2003 Ordei-. The May 6, 2003 order is vacated in its entirety. 14. Entry of Court Order. The terms and provisions of this stipulation shall, at the request of either party, be entered as a final order of court. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and dates of their acknowledgments. CVLLrN6S COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF c~l)~, ,' ~ ) BEFORE ME, the undersigned authority, on this day personally appeared RONALD L. ABERS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - ,2003. day of Notary Public in for ' -~ / Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL DONNA J. KNISELY, NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY .. IVIY COMMISSION EXPIRES FEB. 16, 2004 COUNTY OF [-'~6;tL&~9~^f ) BEFORE ME, the undersigned authority, on this day personally appeared KAREN S. CULLINGS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and. considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l ~4'1~'~ day of ¢'~ ~I 2003. / Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL DONNA J. KNISELY, NOTARY PUBLIC HARRISBURG, DAUPHIN COl..iNlY MY COMMISSION EXPIRES FEB. 16, 20(14_J © -< PlAY 2 3 2003 KAREN S. CULLINGS VS. RONALD L. ABERS Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1749 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 20TM day of May~ 2003 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 21, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator