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HomeMy WebLinkAbout03-4363Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHYPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff HARRY D. SHANK, JR., Plaintiff ANGELA J. SHANK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J, Es!0osito, Esquire ID. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facaitaJl¢) Counsel for Plaintiff HARRY D. SHANK, JR., Plaintiff ANGELA J. SHANK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o.~- ~ 3~ ~_L~ q-~- CiVIL ACTION - LAW 1N CUSTODY COMPLAINT FOR CUSTODY Plaintiffis HARRY D. SHANK, JR., whose current address is 128 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is ANGELA J. SHANK, whose current mailing address is P.O. Box 284, Shermansdale, Perry County, Pennsylvania. 3. Plaintiff is the Father, and Defendant is the Mother of the Child, who is the subject of this action. 4. Plaintiff seeks shared legal and primary physical custody off David Porter Shank, Date of Birth: November 24, 1991 2003. Present Residence: 128 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania The Child was bom during the parties' marriage. The parties continue to be married, but have lived separately since August 8, 6. From August 8, 2003, to the present the Child has resided with his father, the Plaintiff herein, at 128 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 7. Prior to August 8, 2003, the Child lived with both parents at the 128 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania address. 8. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. The best interests and permanent welfare of the Child will be served by the relief requested. 10. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the Child in this or another Court. 11. Plaintiff currently lives with the Child, David Porter Shank. 12. Defendant lives with her mother, Betty Owings, at P.O. Box 284, Shermansdale, Perry County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court grant the parties shared legal custody and that he be awarded primary physical custody of his son, David Porter Shank. Respectfully submitted, GO~.~B~ZMAN & SHIPMAN, P.C. Paul J. ~spqff~to Attorney I.D. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: September 3, 2003 Attorney for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworu falsification to~ Date: ~" ~'6 '19 ~ H HARRY D. SHANK, JR. : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4363 CIVIL ACTION LAW ANGELAJ. SHANK : ~ CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, October 06, 2003 at 12:30 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 defme 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 ~esent 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTHECOURT, By: /s/ Melissa P. Greevy, 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR ~IELEPHONE 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) 249-3]66 HARRy D. SHANK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff ANGELA J. SHANK, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4363 CiVIL ACTION - LAW IN CUSTODY -ACCEPTANCE OF SERVICE I, KARL ROMINGER, Esquire, hereby accept service of the Complaint for Custody filed on September 5, 2003, in behalf of ANGELA J. SHANK, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. Date: ~,2003 minger, Esquire Paul I. Esposito, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market S~'¢¢t P. O. Box 1268 Ha~sburg, pA 17108-1265 (717) 234-4161; (7~7) 234-4161 (facsimile) Counsel for Plaintiff HARRY D. SHANK, JR., Plaintiff ANGELA J. SHANK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4363 CIVIL ACTION- LAW IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, come the parties, HARRY D. SHANK, JR., Plaintiff, and ANGELA J. SHANK, Defendant, who hereby agree and stipulate as follows: 1. The parties hereto are the parents of one (1) minor child, DAVID PORTER SHANK, bom: November 24, 1991. 2. On September 5, 2003, Plaintiff filed a Complaint for Custody to the above- captioned docket number. 3. As a result of discussions between the parties, they have reached agreement with respect to custody of David. 4. The parties acknowledge and agree that it is in the best interests and welfare of David that they have shared legal custody. 5. The parties further acknowledge and agree that it is in David's best interest for Plaintiff to have primary physical custody and for Defendant to have partial physical custody, as follows: a. Defendant shall have physical custody of David on alternating weekends from Friday evening until Sunday evening, the exact times to be determined by the parties. b. Defendant shall have physical custody of David one (1) evening each week, the details of which shall be determined by the parties. c. The parties shall share the major holidays to include New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas. d. Plaintiff shall have physical custody of David on Father's Day and Defendant shall have physical custody of David on Mother's Day at times to be arranged by the parties. e. The parties shall make arrangements for each of them to have David in their respective custody for a period of time during the summer vacation to be agreed upon. f. In addition to the foregoing, Defendant shall have partial physical custody of David as the parties shall from time to time a~'ee upon and arrange. 6. The parties shall permit reasonable telephone access between David and the other parent at all times. They shall use sound discretion as to the time, frequency and duration of the phone calls. 7. Neither party shall do or say anything to estrange David from the other parent and both shall encourage his relationship with the other parent and their family members. It shall be the express duty of each party to uphold the other parent as one whom David shall respect and love. 8. The parties shall share with each other all information pertinent to all major aspects of David's life, including but not limited to his education, health, religion, social adjustment and activities. Both parties shall participate in and make all major decisions concerning David and shall cooperate to the fullest possible extent in their son's upbringing. 9. This Stipulation shall be entered as an Order of Court and, as such, shall have the same fome and effect as if this matter had been tried and decided by the Court. 10. This Stipulation and Order shall continue in full force and effect until further Order of this Court and shall replace and supersede any existing custody arrangements between the parties or any previous order entered by this or any other court. 11. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written. Witness - '~ ~NGEErA J. SH~IK, Defendant HARRY D. SHANK, JR., Plaintiff ANGELA J. SHANK, Defendant OCT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4363 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 8t' day of October, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter, FORTHE/~R~-,: ~/,/'\Me~sa P~el Greevy, Esqui 'C.U__st o d y Conciliator :219384 Paul J. Esposito, Esquire I.D #25454 GOLDBERG, KATZMAN & SH~PM AN, P.C 320 Market Steer P.O Box1268 Harrisburg, PA 17108-1268 I (717)234-4161;(717)234-4161 facsimile) Counsel [or Plaintiff HARRY D. SHANK, J intiff ANGELA J. SHANK, E AND NOW, thi: __ Stipulation, which is m; 1. It is in ti SHANK, that the Plainl 2. It is in D Defendant have partial a. efendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o3- q3t. 3 CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER ~-9'/day of Oe~o~ ,2003, upon review of the parties' de a part hereof and attached hereto, it is hereby ORDERED that: e best interest and welfare of the parties' minor child, DAVID PORTER iff and Defendant have shared legal custody of him. avid's best interest that Plaintiff have ptimary physical custody and that >hysical custody, as follows: ~efendant shall have physical custody of ])avid on altemating weekends 'om Friday evening until Sunday evening:, the exact times for which shall subject to the parties' further agreement. ffendant shall have partial physical custody of David one (1) evening ach week. 'he parties shall share the major holidays to include New Year's Day, '.aster, Memorial Day, 4th of July, Labor Day, Thanksgiving, and .'hristmas. 3. The pm parent at all times. The phone calls. 4. Neither' both shall encourage hi the express duty of eacl love. 5. The part aspects of David's life. adjustment and activit concerning David and Plaintiff shall have physical custody of David on Father's Day and Defendant shall have physical custody of]David on Mother's Day at times tO be arranged by the parties. '~he parties shall make arrangements for each of them to have David in their respective custody for a period of time during the summer vacation to e agreed upon. ~ addition to the foregoing, Defendant shall have partial physical custody f David as the parties shall from time to time agree upon and arrange. es shall permit reasonable telephone access between David and the other ~ shall use sound discretion as to the time, frequency and duration of the arty shall do or say anything to estrange David from the other parent and relationship with the other parent and their family members. It shall be party to uphold the other parent as one whom David shall respect and es shall share with each other all information pertinent to all major including but not limited to his education, health, religion, social s. Both parties shall participate in and make all major decisions hall cooperate to the fullest possible extent in their son's upbringing. 6. This Order shall continue in full force and effect until further Order of this Court and shall replace and supersede any existing custody arrangements between the parties or any previous order entered bY this or any other court. BY THE COURT: /