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Home My WebLink About07-3180Melissa Musser, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY William Yurchak Sr., Defendant. : NO. 07- ~ I FO CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Melissa Musser, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Melissa Musser ,residing at 319 3`d Street, Apartment 3, West Fairview, Cumberland County, Pennsylvania 17025. 2. Defendant is William Yurchak, Sr., residing at 30 Carroll Street, Pittston, Luzerne County, Pennsylvania 18640. 3. Plaintiff seeks primary custody of: Name Jonathan A. Yurchak Present Residence 319 3`d Street Apartment 3 West Fairview, PA 17025 Age 2 years The child was born out of wedlock. The child is presently in the custody of Melissa Musser, who resides at 319 3`d Street, Apartment 3, West Fairview, Cumberland County, Pennsylvania 17025. During the past five years the child has resided with the following persons at the following addresses: Persons Melissa Musser Address 319 3'd Street Apartment 3 West Fairview, PA 17025 Dates March 2006 to present Melissa Musser William Yurchak, Sr. 326 3`d Street West Fairview, PA 17025 September 2004 to March 2006 Melissa Musser 18 South Enola Drive birth to September 2004 William Yurchak, Sr. Enola, PA 17025 The mother of the child is Melissa Musser. She is single. The father of the child is William Yurchak, Sr. He is married. 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Relationship Jonathan A. Yurchak son 5. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Relationship Michelle Yurchak spouse 6. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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 been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has encouraged contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. 9. The parties have entered into a Custody Agreement which has been attached to this complaint with the intention that it made an order of the court. WHEREFORE, Plaintiff requests the court to grant her legal custody and primary physical custody of the child, with Defendant having periods of partial custody, pursuant to the attached custody agreement signed by Plaintiff and Defendant. Date: I ~ ~~ ~ ~ 007 Respectfully submitted, Holly O. aughn Certified Legal Intern _~~ THOMAS .PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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.C.S. § 4904 relating to unsworn falsification to authorities. ~~~ ~ Melissa Musser (Plaintiff) Melissa Musser, Plaintiff v. William Yurchak Sr., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO. 07- 3180 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Melissa Musser, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Holly O. aughn Certified Legal Intern ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 %, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Musser, Plaintiff v. William Yurchak, Sr., Defendant. CIVIL ACTION -LAW IN CUSTODY NO. 07-3180 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 5~day of / "-GWG~1 , 2007, between Melissa Musser (Mother) and William Yurchak, Sr. (Father) concerns the custody of their child Jonathan Yurchak, born February 28, 2004. Mother and Father desire to enter into an agreement as to the custody of Jonathan Yurchak. Mother and Father agree to the following. 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child on alternate weekends beginning on February 23, 2007. 4. On Father's alternating weekend custodial periods, he shall pick up the child at Mother's residence on Fridays between 7:00 p.m. and 7:30 p.m. and return the child to Mother on Sundays at 1:00 p.m. 5. Father shall provide Mother with two (2) weeks notice if he intends to take the child to visit Father's family during his custodial weekends. The child must be returned to Mother no later than 7:00 p.m. on the Sundays following such visits. 6. Father shall have the child for Christmas every year as follows: Father shall pick up the child at Mother's residence at 3:00 p.m. on December 25th and return him to Mother at 5:00 p.m. on December 27th. 7. Father shall have the child in even-numbered years for Easter, Thanksgiving, Memorial Day Weekend, and Labor Day Weekend as follows: a. For Easter and Thanksgiving, Father shall pick up the child at Mother's residence at 3:00 p.m. on the day of the holiday and return him to Mother at 5:00 p.m. the following day. b. Father shall have the child for Memorial and Labor Day Weekends as his work schedule permits. Father will give Mother two (2) weeks notice of his intent to have custody of the child for those weekends. If Father has provided such notice, he shall pick up the child at Mother's residence between 7:00 p.m. and 7:30 p.m. on Friday and return him to Mother at 1:00 p.m. on Sunday. Father shall call Mother if he needs to pick up the child at a later time on Friday. If the child is asleep when Father calls, Father shall pick him up at a reasonable time on Saturday. If Father wishes to take the child to visit his relatives, he will give Mother a two (2) week notice and return the child no later than 7:00 p.m. on Sunday. 8. Father shall have the child in odd-numbered years for New Year's Eve and the Fourth of July. Father shall pick up the child at Mother's residence at 3:00 p.m. on the day of the holiday and return him to Mother at 5:00 p.m. the following day. 9. Father and Mother are each entitled to have the child on their respective Fathers' and Mothers' Days. Father shall always have custody of the child on Father's Day from 9 a.m. to 6 p.m. Mother shall always have custody of the child for Mother's Day weekend. Either parent may choose to have the child on the day following their respective Mother's/Father's Day if two (2) weeks notice is provided to the other party. 10. Father shall have the child for two five-day periods during the summer so as not to interfere with the child's education or daycare. Father must provide Mother with thirty (30) days' notice before each five day period. Father will be responsible for dropping the child off at school and picking him up after school. 11. The holiday custody schedule for the holidays listed above supercedes the regular custody schedule. The parties shall return to following the regular custody schedule once the holiday custodial periods have concluded. 12. Father may telephone the child on Tuesdays, Thursdays, and Sundays between 6:00 p.m. and 7:30 p.m. Mother may telephone the child on alternating Saturdays when he is with Father. 13. Mother and Father shall provide each other with updated contact information for any location at which they stay with the child. 14. Mother and Father shall notify each other of all medical care the child receives while in their care. Mother and Father shall notify the other immediately of any medical emergencies which arise while the child is in their care. 15. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 16. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than to seek the advice of his own legal counsel. 17. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. i~~/~l~ ~i`- Melissa Musser, Plaintiff ~! , William Yurchak, Sr., Defendant Holly O. V ughn Certified Legal Intern Counsel for Plaintiff r "" ROBE RA S THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 C...~ n.a `_,: rc:~ C:~ j= ; 'r? ' - `- ..~ _ ~~ _ ~ ~, _. , - . . ~,~ .. . a , + ~ -~ f~'a J1 .- ' --C Mar a i zoo~o~ Melissa Musser, Plaintiff v. William Yurchak Sr., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY N0.07- 3180 ORDER CIVIL TERM AND NOW, this ~~ay of , 2007, the attached Custody Agreement is approved and entered as an O er of the Court. J. C ~ .o a o~/ ~~ ~~ ~c~ ~1- ~~~$~' 1Q~Z Melissa A. Musser, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN CUSTODY William Yurchak, Sr., Defendant N0.07-3180 CIVIL TERM CERTIFICATE OF SERVICE I, Holly O. Vaughn ,Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the June 4, 2007 Order of Court on William Yurchak, Sr. by depositing on this date a copy of the same in the United States mail, postage prepaid, addressed as follows: William Yurchak, Sr. 119 2°d Street Apartment 2 West Fairview, PA 17025 a'00 ~ Date Holly O. Vaughn Certified Legal Intern Anne ac onald-Fox, E Supervisi g Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r-a ~ ~ ~_ ° ~ . , ,, 4'r ' ~ , t. ' :~ -~ _ - ._ , . .. ;-t ~ 1 '~~