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HomeMy WebLinkAbout07-4406 OM CSC LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JULIE TRITT SCHELL PLAINTIFF vs. CHRISTIAN J. SCHELL DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ~7- y~'ld(o CIVIL ACTION -LAW IN CUSTODY ('OMPLAINT 1. Plaintiff is Julie Tritt Schell, who currently resides at 1404 Chatham Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Christian J. Schell, who currently resides at 2004 Hampton Court, Morgantown, Pennsylvania 19543. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I -CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff is seeking custody of the following child: a. Lauren Elizabeth Schell, born June 3, 2002. i. The child was born in wedlock. 2 6 During the child's lifetime, she has resided with the following persons and at the following addresses: Address 1404 Chatham Road, Camp Hill, Pennsylvania 1404 Chatham Road, Camp Hill, Pennsylvania Date Birth to July 2006 Name Julie Tritt Schell and Christian Schell Julie Tritt Schell 7 8. 9 10 11 12. 13 July 2006 to Present The mother of the child is Julie Tritt Schell, who currently resides at 1404 Chatham Road, Camp Hill, Pennsylvania. The father of the child is Christian J. Schell, who currently resides at 2004 Hampton Court, Morgantown, Pennsylvania. The relationship of Plaintiff to the child is that of Mother. Mother is currently married, but separated from the Defendant. The relationship of Defendant to the child is that of Father. Father is currently married, but separated from the Plaintiff. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The Plaintiff does not know of a person nor 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. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: Mother and Father have entered into an agreement regarding the legal and physical custody of the child. (See Custody and Stipulation Agreement, attached hereto as `Exhibit A'). 3 14. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff respectfully requests This Honorable Court to grant custody pursuant to the agreement of the parties. D ~~ ~ Z5 Respectfully submitted, ABOM $' KUTULAKIS, L.L.P. Kara W. Haggerty Supreme Court ID 869 4 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint 4 OM ~' LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JULIE TRITT SCHELL PLAINTIFF vs. CHRISTIAN J. SCHELL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION -LAW IN DIVORCE THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JULIE TRITT SCHELL, (hereinafter referred to as "Mother's and CHRISTIAIVJOSEPHSCHELL, (hereinafter referred to as "Father"). WHEREAS, the Parties are the natural parents of one child, namely LAUREN ELIZABETH SCHELL, born June 3, 2002, (hereinafter referred to as "Child"); and WHEREAS, the Parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Parties stipulate and agree as follows: 2 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health and education. Pursuant to the terms of Pa.C.S. X5309, each parent shall be entitled to all records and information pertaining to the Child includuig, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to copies of any notices which come from school with regard to school-related extracurricular activities, parent-teacher conferences, musical presentations, back-to-school nights, and the like. 3 2. Mother shall enjoy primary physical custody of the Child. 3. Father shall enjoy partial physical custody of the Child as follows: a. On alternating weekends from Friday at 6:00 p.rn. through Sunday at 6:00 p.m., or as agreed upon by both Parties. b. One weekday evening on alternating weeks, subject to prior coordination with Mother, during hours agreed upon by both Parties. c. Two non-consecutive weeks per year, subject to prior coordination with Mother, to be exercised during the Child's scheduled summer vacation from school, or as agreed to by both Parties. Father shall generally provide notice to Mother at least 60 days in advance of the requested week, unless agreed otherwise by both Parties. A week shall be defined as a seven (7) day time period, and the vacation week shall be scheduled to encompass Father's regularly scheduled weekend. d. At any other times as the Parties may agree. 4. The Child shall be transported from and to her home by Father, unless alternative arrangements are agreed to in advance by Mother. 5. The Parties agree that the Child's education and extracurricular activities, both educational and social, shall be incorporated into the custody schedule. The Party exercising physical custody shall ensure the Child's attendance at such activities, unless otherwise agreed to by both Parties. 4 6. Mother shall have custody of the Child for Christmas Eve and Christmas Day, until such time that Father will exercise custody on Christmas Day as agreed upon by the Parties. 7. Neither parent shall do anything which may estrange the Child from the other Party, or which may hamper the free and natural development of the Child's love and affection for the other Party. 8. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 9. The Parties desire that this Stipulation and Agreement be made an Order of Court of 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 of the Parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 10. The Parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other Party. 11. The Parties acknowledge that they have read and understand the provisions of this Agreement. Each Party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 5 IN WITNESS WHEREOF, the Paxties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: DATE DATE RITT SCHELL CHRISTIAN J SEPH SCHELL 6 ('ERTIFICATE OF SERVI F AND NOW, this ~ ' day of July 2007 I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, return receipt requested, postage prepaid addressed to the following: Christian J. Schell 2004 Hampton Court Morgantown, PA 19543 Pro Se Defendant Respectfully submitted, Kara W. Haggerty, Es Attorney ID No. 869 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaint 5 Aao~rt~ Kuruz.~xts, L.L.P. 'v ~: '~ s. n (') (r ~• c a 0 ~~ (J ~ ~ err. ~ ~; 3'" ,- .;? ~ s ~ `t7 ~::; ~-~ a 4 ~" a JUL ~01D07 JULIE TRITT SCHELL IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO: ~7- yy0 ~ CHRISTIAN J. SCHELL :CIVIL ACTION -LAW DEFENDANT IN CUSTODY f~'~ AND NOW this /`~ day of , 2007, the attached Custody Stipulation and Agreement is hereby made an Order of Court. J~ . Haggerty, Esquire, For the Plainti~' ristian J. Schell, Pro Se Defendant 2004 Hampton Court, Morgantown, PA 19543 1~t~tt~ll~r,SP~t~!~c~ ~.l.Nfl~r,-3 ;,~,r~,~Ffu-~,Wt1~ ~~~ ~OM ~' LITLILAKIS Kara W. Haggerty, Esquire Attorney LD. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JULIE TRITT SCHELL PLAINTIFF vs. CHRISTIAN J. SCHELL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE THIS AMENDMENT TO THE CUSTODY STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JULIE TRITT SCHELL, (hereinafter referred to as "Mother") and CHRISTIAN JOSEPH SCHELL, (hereinafter referred to as "Father"). WHEREAS, the Parties are the natural parents of one child, namely LAUREN ELIZABETH SCHELL, born June 3, 2002, (hereinafter referred to as "Child"); and WHEREAS, the Parties have previously agreed-to and signed the Custody and Stipulation Agreement; and WHEREAS, the Mother has primary physical custody of the Child; and WHEREAS, the Father has partial physical custody of the Child. 2 NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Parties stipulate and agree to amend the Custody and Stipulation Agreement as follows: 1. Both Parties agree that should the Mother decease prior to the Child's 16th birthday, the Father shall have the choice of one of the two options. a. Father shall gain primary physical of the Child and agrees to move to a location that will enable the Child to continue to attend the school that she is attending at that time. The Maternal Grandparents of the Child will be granted partial physical custody of the Child as granted to the Father in the original Custody and Stipulation Agreement. In the Custody and Stipulation Agreement, all original references to the Mother shall become references to the Father, all original references to the Father shall become references to the Maternal Grandparents, and all original references to Parent or Parties shall include Maternal Grandparents and Father in lieu of Father and Mother. b. Maternal Grandparents of the Child shall gain primary physical custody of the Child. The Father shall continue to enjoy partial physical custody of the Child as described in the original Custody and Stipulation Agreement. All original references to the Mother shall become references to the Maternal Grandparents and all references to Parent or Parties shall include Maternal Grandparents in lieu of the Mother. 3 2. Both Parties agree that should the Father decease before the Child's 16t'' birthday, the Paternal Grandparents shall be granted partial physical custody of the Child as provided to the Father in the original Custody and Stipulation Agreement. 3. Both Parties agree that should the Mother decease on or after the Child's 16~' birthday, the Child shall have the choice whether to live with the Father or the Maternal Grandparents. 4. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 5. The Parties desire that this Stipulation and Agreement be made an Order of Court of 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 of the Parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 6. The Parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other Party. 4 ~, '1~ T' ~ ,'~.~~ ~,, pY L-' v~ ( F ` ~ _ T'~: ~ `- .`. ~ f a ~ '~"'' f 'a 1 ~~M ~~ ~ ~~~ w '~ ~~~~ ~~~~~ ~~ 7. The Parties acknowledge that they have read and understand the provisions of this Agreement. Each Party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the Parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~~ 515' A E J L RITT SCHELL DATE -~ CHRISTIAN JOSEPH SCHELL 5 JUN 2 2 2009 ~ ? JULIE TRITT SCHELL IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 07-4406 CHRISTIAN J. SCHELL :CIVIL ACTION -LAW DEFENDANT IN CUSTODY AND NOW this ~/' ~d day of w~n~ 2009 the attached Custody Stipulation and Agreement is hereby made an Order of Court. J~ Kara W. Haggerty, Esquire, For the Plainti~ Christian J. Schell, Pro Se Defendant ,~ ~~, ~ ~ , .z y• oq 2004 Hampton Court, Morgantown, PA 19543