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Home My WebLink About03-4263SHARON L. MOYE and R. GEORGE MOYE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. STEWART and JENNIFER C. CAREY, Defendants v. NO. 2003- z/'~_.~ CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Sharon L. Moye and R. George Moye, who are adult individuals, husband and wife, and reside at 1715 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant David W. Stewart is an adult individual residing at 635 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, Jennifer C. Carey, is an adult individual residing at 44 East Penn Street, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiffs seek custody of the following child: Name Present residence Aqe Chelsea Marie Carey 1715 Sherwood Road 14 New Cumberland, PA The child's birth date is June 16, 1989. The child was born out of wedlock. The child is presently in the custody of Plaintiffs, who reside at, 1715 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons David W. Stewart Jayne Stewart Angel I.n.u. Residences 635 Colonial Road Mechanicsburg, PA Dates 1998 to present The natural mother of the child is Jennifer C. Carey, currently residing at 44 E. Penn Street, Carlisle, Cumberland County, Pennsylvania. She was never married to the natural father. She is the natural child of the Plaintiff, Sharon L Moye. The natural father of the child is David W. Stewart, currently residing at 635 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania. He was never married to the natural mother. 5. The relationship of the Plaintiffs to the child is that of maternal grandmother and maternal step-grandfather. The plaintiffs currently reside with the following persons: Names Relationship Chelsea Marie Carey grandchild 6. The relationship of the Defendants to the child is that of natural parents. The defendant David W. Stewart currently resides with the following persons: Names Jayne Stewart Angel I.n.u. Relationship Mother Mother's paramour The defendant Jennifer C. Carey currently resides with the following persons: Names Relationship Robert and Joann Goodhart Friends 7. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. 8. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiffs do 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. 10. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiffs request your Honorable Court to grant them primary physical custody of the child. Respectfully submitted, DATE: O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street CarlisLe, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlcustodylmoye.com VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: ~[ /~ ~L~~geM~oye~-'"" SHARON L. MOYE and R. GEORGE MOYE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- ~ 2,.G,.3 CIVIL TERM DAVID W. STEWART and JENNIFER C. CAREY, Defendants CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sharon L. Moye and R. George Moye (hereinafter referred to as "Grandparents") and David W. Stewart and Jennifer C. Carey (hereinafter referred to as "Parents"). WHEREAS, Sharon L. Moye is the maternal grandmother of the child, Chelsea Marie Carey, born June 16, 1989 (hereinafter referred to as "child"), and R. George Moye is the step-grandparent of the child; and, WHEREAS, David W. Stewart is the natural father of the child; and, WHEREAS, Jennifer C. Carey is the natural mother of the child; and, WHEREAS, the natural parents are separated and living in separate residences; and, WHEREAS, the parties believe it to be in the best interest of the child that the child reside primarily with Sharon L. Moye and R. George Moye; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and guardianship of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Sharon L Moye, R. George Moye, David W. Stewart and Jennifer C. Carey shall have joint legal custody of the child. Sharon L. Moye and R. George Moye shall have primary physical custody of the child. 3. Sharon L. Moye and R. George Moye shall be the legal guardians of the child and have shall have authority to access all of the child's personal information, including school, medical and governmental information; and further shall be permitted to authorize and give consent to medical treatment and medical procedures for the child. 4. David W. Stewart and Jennifer C. Carey shall have partial physical custody of the child every weekend. David W. Stewart shall have the child the first weekend this Order is in effect, and Jennifer C. Carey shall have the child the following weekend, and Stewart and Carey shall alternate the weekends thereafter. 5. The parties shall share time with the child as the parties shall, from time to time, agree, on all major holidays and the child's birthday. 6. The child shall always spend time with Jennifer C. Carey on Mother's Day regardless of the other provisions of this Agreement. 7. The child shall always spend time with David W. Stewart on Father's Day regardless of the other provisions of this Agreement. 8. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 9. The parties shall not do anything which may estrange the child from the other parties, or injury the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 10. The parties are encouraged to deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to 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 and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS VVHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. Date: Date: WITNESS: - Sharon L. MoyP /-- Date: David W. Stewart ' ( / '~,~Jenrb.]'er Ci Carey ~ mas.dirldomesticlmoyelcustody.$tp SHARON L. MOYE and R. GEORGE MOYE, Plaintiffs DAVID W. STEWART and JENNIFER C. CAREY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL ACTION-LAW IN CUSTODY CIVIL TERM ORDER OF COURT ~-/. ~J, i~'r~, AND NOW, this ~v(.~day of ~-__, 2003, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Chelsea Marie Carey, born June 16, 1989 (hereinafter referred to as "child"). 1. Sharon L. Moye, R. George Moye, David W. Stewart and Jennifer C. Carey shall have joint legal custody of the child. Sharon L. Moye and R. George Moye shall have primary physical custody of the child. 3. Sharon L. Moye and R. George Moye shall be the legal guardians of the child and have shall have authority to have access to all of the child's personal information, including school, medical and governmental information; and further shall be permitted to authorize medical treatment and medical procedures for the child. 4. David W. Stewart and Jennifer C. Carey shall have partial physical custody of the child every weekend. David W. Stewart shall have the child the first weekend this Order is in effect, and Jennifer C. Carey shall have the child the following weekend, and Stewart and Carey shall alternate the weekends thereafter. 5. The parties shall share time with the child as the parties shall, from time to time, agree, on all major holidays and the child's birthday. 6. The child shall always spend time with Jennifer C. Carey on Mother's Day regardless of the other provisions of this Agreement. 7. The child shall always spend time with David W. Stewart on Father's Day regardless of the other provisions of this Agreement 8. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 9. The parties shall not do anything which may estrange the child from the other parties, or injury the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 10. The parties are encouraged to deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION PENNSYLVANIA BOSCOV'S DEPARTMENT STORE, VS. CHRISTOPHER ANDERSON 327 HERMAN AVENUE LEMOYNE, PA 17043 Defendant INC.: ( ) Confessed Judgment : (X) Other DISTRICT JUSTICE File No. 2003-04253 Amount Due $733.52 Interest FROM 02/04/04 Atty's Comm Costs Total M & T BANK 1 W. HIGH STREET CARLISLE, PA 17013 GARNISHEE TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheriff of 'CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) ATTACH DEFENDANTS BANK ACCOUNT(S) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). DATE: (Indicate) Index this writ against Signature: ~ ~/~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4253 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s) From CHRISTOPHER ANDERSON, 327 HERMAN AVENUE, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM & T BANK, 1 W HIGH STREET, CARLISLE, PA 17013 - ATTACH DEFENDANTS BANK ACCOUNT(S) GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifpropercy of the defendant(s) not levied upon an subject to at~:achment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $733.52 Interest FROM 2/4/04 Atty's Corem % Atty Paid $37.25 Plaintiff Paid Date: FEBRUARY 5, 2004 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Cout~ ID No. 07172 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~f ~,,~ ~Bv: ~-d./?O~,'~. · - P ~'~/'~ Deputy