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HomeMy WebLinkAbout03-5111MARCIA SHOEMAKER, Plaintiff JESSE SHOEMAKER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.~3-(a~ CIVIL ACTION LAW : IN CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Marcia Shoemaker, residing at 1614 Walnut Bottom Road, Cumberland County, Carlisle,, Pennsylvania. The defendant is Jesse Shoemaker, residing at 1935 A Fryloop Avenue, Cumberland County, Carlisle, Pennsylvania. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Jessica Shoemaker 1614 Walnut Bottom Road 10/1/99 3 years Carlisle, PA Tiffany Shoemaker 1614 Walnut Bottom Road 9/9/01 23 months Carlisle, PA The children were not bom out of wedlock The children are presently in the custody of Marcia Shoemaker who resides at 1614 Walnut Bottom Road, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Jesse and Marcia Shoemaker 1614 Walnut Bottom Road Carlisle, PA Jesse and Marcia Shoemaker 108 Montsera Road Carlisle, PA Jesse and Marcia Shoemaker 224 E. Mulberry Avenue Carlisle, PA Dates 10/02-present 2/02-10/02 1/01 - 2/02 The mother of the children is Marcia Shoemaker, currently residing at 1614 Walnut Bottom Road, Carlisle, PA. She is married. The father of the children is Jesse Shoemaker, currently residing at 1935 Fryloop Avenue, Carlisle, PA. He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Narne Robert Lostraglio Jessica Shoemaker Tiffany Shoemaker Relationship Boyfriend Daughter Daughter The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Relationship Heather Trollinger Girlfriend Julie Trollinger Girlfriend's daughter Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and 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 request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiffis best able to provide the care and nurture which the children need for healthy development. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Defendant's erratic and abusive behavior poses a threat of harm to the children. Defendant frequently abuses alcohol and is therefore unreliable as custodian of the children and cannot hold a stable job or home. 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 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: Name Address Basis of Claim N/A WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Mother with visitation in the Father as agreed upon by the parties. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. MARCIA SHOEMAKER PLAINTIFF : iN THE COURT OF coMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : 03-5111 CIVIL ACTION LAW JESSE SHOEMAKER DEFENDANT : IN cUSTODY ORDER OF COURT. AND NOW, Wednes__~day~_Oetober 01, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jac~q_ueline M. V~, the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Wedne?_day,... October 22, 2003 at 10:30 AM 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 define 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 present 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 existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT~ By: /s__~/ ~[_acqueJilte M~Jerney~-atb 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 fac~ht~es 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. IF YOU DO NOT YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. }lAVE AN ATTORNEY OR cANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford S~xeet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARCIA SHO]~ PI: V. JESSE SHOEM D~ AND NO' consideration of follows: 1. TI have shared legal Shoemaker, bom exercised jointly ~ affecting the Chih regarding their he 2. Mo 3. BeE the Children on an 7:00 p.m. 4. The Thanksgiving as at 5. Fat[ Eve from 8:00 a.m 6. Eac] provided they give 7. Oth~ OCT 2003 O MAKER, Lintiff tKER, tendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-5111 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT /,this ~.~g dayof ~_.~. ,2003, upon attached Custody Conciliation Report, it is ordered and directed as Mother, Marcia Shoemaker, and the Father, Jesse Shoemaker, shall :ustody of Jessica Shoemaker, born October 1, 1999 and Tiffany eptember 9, 2001. Each parent shall have an equal fight, to be ith the other parent, to make all major non-emergency decisions ren's general well-being including, but not limited to, all decisions lth, education and religion. her shall have primary physical custody ,of the Children. inning October 24, 2003, Father shall have partial physical custody of alternating weekend basis from Fridays at 7:00 p.m. to Sundays at parties shall share or alternate physical custody of the Children on reed. er shall always have physical custody of the Children on Christmas to 5:00 p.m. t party shall be entitled to one uninterrupted week with the Children the other parent 30 days prior notice. ,r holidays shall be shared or alternated as agreed by the parties. 8. Trar sportation shall be shared such that the receiving party shall transport the Children unless otherwise agreed. 9. Ti telephone numbe 10. TI communication s 11. Ne which may estran Children as to the the Children's 1o~ 12. Th Conciliation Conl consent. In the alr cc:~l~arl E. Rominl · 4~sse Shoemak 1935 A FD Carlisle, Pi te parents shall at all times keep the other party informed of their current and address. e ,p, arti,es are. to communicate only regarding custody matters. Such ~au omy be ~0etween the parties and not third parties or the Children. ither party will do anything nor permit a third party to do anything ge the Children from the other party, or injure the opinion of the other parent or which may hamper the flee and natural development of and respect for the other parent. Order is entered pursuant to an agreement of the parties at a Custody Fence. The parties may modify the provisions of this Order by mutual sence of mutual consent, the terms of this Order shall control. BY THE COURT, ~er, Esquire, Counsel for Mother er, pro se Loop Avenue 17013 MARCIA SHO] PI V, JESSE SHOEM D~ PRIOR JUDGE: IN ACO PROCEDURE report: 1. TI this litigation is as NAME Jessica Shoemaker Tiffany Shoemake: 2. AC with the following counsel, Karl E. Rt 3. The Date ~MAKER, aintiff AKER, fendant None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : 2003-5111 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY USTODY CONCILIATION SUMMARY REPORT RDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL q 5.3-8, the undersigned Custody Conciliator submits the following pertinent information concerning the Cl~tildren who are the subject of follows: DATE OF BIRTH October 1, 1999 September 9, 2001 CURRENTLY IN CUSTODY OF Mother Mother >nciliation Conference was held in this matter on October 22, 2003, ndividuals in attendance: The Mother, IVlarcia Shoemaker, with her minger, Esquire and Father, Jesse Shoemaker, pro se. parties agreed to the entry of an Order in the form as attached. ~ficq661ine M. Vemey, Esquire Custody Conciliator