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HomeMy WebLinkAbout03-3326JESSE PALMER, SR., Plaintiff V. CHRISTAL PALMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT FOR CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jesse Palmer, Sr., who resides at 11 Robyn Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Christal Palmer who resides at 70 Leno Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) minor children being Shelby Palmer and Jesse Palmer, Jr. 4. Plaintiff seeks majority custody of the following children: NAME PRESENT RESIDENCE AGE Shelby Palmer 11 Robyn Drive, Newville, PA 17241 7 (d.o.b. 7/7/96) Jesse Palmer, Jr. 11 Robyn Drive, Newville, PA 17241 4 (d.o.b. 10/9/98) 5. Plaintiff desires primary physical custody of the minor children, Shelby Palmer and Jesse Palmer, Jr., and partial physical custody with periods of visitation to the Defendant, Christal Palmer, as can be mutually arranged between the parties. 6. The best interest and permanent welfare of the minor children requires that the Court grant the Plaintiff's request as set forth above. 7. The parties hereto have reached an Agreement relative to Custody and where by requests that this Honorable Court enter an Order consistent with the parties Agreement WHEREFORE, Plaintiff, Jesse Palmer, Sr., requests the Court to grant him primary physical custody and partial physical custody of the children with reasonable visitation rights to Defendant, Christal Palmer. Respectfully submitted, Steven U. Courtney, Esquire I.D. No. 74669 2215 Forest Hills Drive, Suite 36 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Plaintiff VERIFICATION I, Steven C. Courmey, verify that the statements made in this Complaint are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Steven C. Courtney CERTIFICATE OF SERVICE I, Steven C. Courtney, Esquire, of the law firm of GODFREY & COURTNEY, P.C., hereby certify that I served a tree and exact copy of Complaint for Custody with reference to the foregoing action by First Class Mail, postage prepaid, this/(-f day of~ 2003 on the following: Christal Palmer GODFREY & COURTNEY, P.C. Steven C. Courtney, Esquire JESSE PALMER, SR., Plaintiff V. CHRISTAL PALMER, Defendant CUSTODY AGREEMENT WHEREAS, Christal Palmer of 70 Leno Road, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY © c:~- o Carlisle, Cumbefl~,~d CountYi~O Pennsylvania, 17013, hereinafter referred to as "MOTHER" and Jesse Palmer, S~ ~f 11 ][~ob~ ~ ~ -- _. Drive, Newville, Cumberland County, Pennsylvania, 17241, hereinafter refe~ed as "FATHER" are the natural parents of two (2) minor children, Shelby Palmer (D.O.B. 7/7/96) and Jesse Palmer, Jr., (D.O.B. 10/9/98); and WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and visitation of said children; and WHEREAS, both parties have been advised by counsel or have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement; NOW, THEREFORE, it is hereby stipulated and agreed as follows: l. MOTHER and FATHER shall have shared legal custody of the minor children and shall consult with one another with respect to major decisions affecting the child, including medical, educational, and religious matters. 2. FATHER shall have primary physical custody of Shelby Palmer and Jesse Palmer, Jr. 3. MOTHER shall have partial physical custody of the minor children during the following times: (a) Every other weekend from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. with MOTHER commencing on the weekend of July 11, 2003. (b) Every Tuesday commencing at 5:00 p.m. through Thursday morning at 7:00 a.m. MOTHER shall drop off the minor children at the daycare center on Thursday morning no later than 7:30 a.m. (c) FATHER shall have the children on Father's Day and MOTHER shall have the children on Mother's Day. This visitation shall be from 8:00 a.m. until 8:00 p.m. unless otherwise agreed by the parties. (d) The parties will alternate the following holidays from year to year: New Year's Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In odd numbered years, FATHER shall have New Year's Day, Memorial Day, and Labor Day, and MOTHER shall have Easter Sunday, Fourth of July, and Thanksgiving. In even numbered years, MOTHER shall have New Year's Day, Memorial Day, and Labor Day, and FATHER shall have Easter Sunday, Fourth of July, and Thanksgiving. The visitation on the designated holidays shall run from 8:00 a.m. to 8:00 p.m. unless otherwise agreed by the parties. (e) The Christmas holiday will be divided into two (2) segments. Segment A shall be from 12:00 p.m. (noon) on December 24 through 12:00 p.m. (noon) on December25. Segment B shall be from 12:00 p.m. (noon) on December 25 -2- through 12:00 p.m. (noon) on December 26. In odd numbered years, MOTHER shall have Segment A and FATHER shall have Segment B. In even numbered years, FATHER shall have Segment A and MOTHER shall have Segment B. 4. MOTHER shall have two (2) continuous, but non-consecutive weeks with the children each year. It is anticipated that one of these weeks will be during the summer vacation and the other week shall be at such time during the year as the parties shall agree. Unless agreed to the contrary, the weeks shall begin and end on Friday at 6:00 p.m. MOTHER shall provide FATHER with at least sixty (60) days advance notice of his intention to exercise her weeks of custody pursuant to this paragraph. 5. FATHER shall have two (2) continuous, but non-consecutive weeks with the child each year. FATHER shall provide MOTHER with at least sixty (60) days advance notice of his intention to exercise these weeks. This paragraph shall supersede the provisions of paragraphs 3(a) and (b) of this Agreement. 6. It is agreed that the minor children shall not be removed from the State of Pennsylvania without agreement of the parties. 7. Both parties agreed to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the children. The parties agree that there shall be such modification to this Agreement or such other partial custody/visitation as shall be agreed upon by the parties. 8. During any period of custody or visitation, the parties to this Agreement shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point -3- of intoxication. The parties shall likewise assure, to the extem possible, that other household members and/or house guests comply with this prohibition. 9. The holiday schedule set forth herein shall supersede other provisions of this Agreement whenever a conflict exists. 10. Both parties agree to afford the other the first right of refusal in the evem childcare is needed at any particular time and it is reasonable to do so. 11. This Agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court approval. Date Christal Palmer -4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are true and correct to the best of her knowledge, information, and belief. Sworn to and sub, s~c4~ed before me this 7 day of ...~ ,~. ,2003. COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF : Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are tree and correct to the best of his knowledge, information, and belief. Swom to and subscobed before me this r/~r~'day of -~I ~ ,2003 Stacey k. Oflrnes, No~a~ Public ~ Twp., Cumberland County My Commission Expires Feb. 25, 2006 JUL 1 4 ~003 ¢ JESSE PALMER, SR., CHRISTAL PALMER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. - C, ,l, (. W'eo% CIVIL ACTION - LAW 1N CUSTODY ORDER AND NOW, this /g~'day of c'/o-t, ,2003, upon review and consideration / / of the Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged, and incorporated herein as the Order of this Court. BY THE COURT: CC: Steven C. Courtney, Esquire P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Christal Palmer, Defendant 70 Lebo Road Carlisle, PA 17013 81:g I!~ 91iif'80