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HomeMy WebLinkAbout07-5700DAVID AND JOANN SCHOONOVER, Plaintiffs v. KARLA D. ARMOLT, Defendant v. RUSTY BOYER, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~ 7- 5 JcrU NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are David and Joann Schoonover, adult individuals currently residing at 709 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Karla D. Armolt, an adult individual currently residing at 253 North Carlisle Street, Southern Pines, Moore County, North Carolina, with a mailing address of 1868 Ellie Avenue, Fayetteville, Cumberland County, North Carolina. 3. The Additional Defendant is Rusty Boyer, an ,adult individual currently residing at 995 Loudon Road, Chambersburg, Franklin Coilnty, Pennsylvania. 4. The Defendants are the natural parents of orLe (1) child, namely, Gabriella Laree Schoonover, born December 7, 2004. The Plaintiffs are the maternal grandparents of the child. The child was born out of wedlock. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses fot the following periods of time: NAME David and Joann Schoonover Karla D. Armolt Brianne Stouffer, Cousin Byron Stouffer, Cousin Karla D. Armolt Brianne Stouffer, Cousin Byron Stouffer, Cousin Karla D. Armolt Safe Harbor Karla D. Armolt David and Joann Schoonover Karla D. Armolt and Rusty Boyer ADDRESS DATES 709 Mt. Rock Road July 8, 2007 to Carlisle, PA 17015 Present 1868 Ellie Avenue June 2007 to Fayetteville, NC 28314 July 8, 2007 165 Cavalier Drive Apri12007 Raeford, NC 28376 June 2007 102 West High Street January 2006 to Carlisle, PA 17013 April 2007 709 Mt. Rock road June 2005 to Carlisle, PA 17013 January 2006 350 Cherry Lane Drive Birth to Chambersburg, PA 17201 June 2005 The natural mother of the child is Karla D. Armolt, who resides as aforesaid. She is single. The natural father of the child is Rusty Boyer, who resides as aforesaid. He is single. The Plaintiffs are the maternal grandparents ~,of the child, and reside as aforesaid. 5 6 The relationship of the Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the child at issue'. The relationship of the Defendant, Karla D. Armolt, to the child is that of natural mother. The Defendant currently resides with l~lartin Vamper, a friend. 7. The relationship of the Additional Defendant, Rusty Boyer, to the child is that of natural father. Additional Defendant, Rusty Boyer, currently resides with his parents, Russell and Marcia Boyer. 8. Plaintiffs have not participated as a party or witless, or in any other capacity in other litigation, concerning custody of the child. 9. Plaintiffs have no information of any custody proceedings concerning the child pending in any Court of this Commonwealth or i~n any other state. 9. It is in the best interest and permanent welfare o~the child to grant the relief requested for the following reasons: a. The Plaintiffs can provide for the day to day needs of the child. b. The Plaintiffs can provide a stable environment for the child. c. The Plaintiffs are best able to take', care of the educational, medical, psychological, emotional, and mental upbringing of the child. 10. Plaintiffs do not know any person not a party to'~these proceedings who claims to have custody or visitation rights with respect to the child. 11. The parties have reached an agreement in this matter and ask that the Court sign the Stipulation and Agreement being filed concurrently with the Custody Complaint as an Order. ' WHEREFORE, Plaintiffs request your Honorable Court to enter the Order regarding the parties' Custody Stipulation and Agreement, which is being filed concurrently with the Custody Complaint granting the Plaintiffs primary physical custody of the child. Respectfully submitted, ~~ ~ 1 Hannah Herman-Snyder, Esq 're Attorney for Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-SSSI (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ~ ,~ F, DAVID SCHOONOVER I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE:-~a~~ ~ , J NN SCHOONOVER i.,. ~''> ~'~ c ~ ~~ ,.. ._ ; ~~ u ~ ~ ~ ~ ~ ~ '_ ~ ~, ('' _ ~ ;._.', ~ , + f ~ 'r '7'i ~-- Cis C _3 f.~ ,( ..,, "'~ ~" JOANN AND DAVID SCHOONOVER, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. KARLA D. ARMOLT, Defendant CIVIL ACTION -LAW ~} 7- 5 ~ cr-t; NO. CIVIL TERM IN CUSTODY v. 1tuS l `,' I304'i~R, f~diitional Dcrc;ndant CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between David and Joann Schoonover, (hereinafter referred to as "Grandparents"), Karla D. Armolt, (hereinafter referred to as "Mother"), and Rusty Boyer, (hereinafter referred to as "Father"). WHEREAS, Mother and Father are the natural parents of one child, namely, Gabriella Laree Schoonover, born December 7, 2004 (hereinafter referred to as "child"l; WHEREAS, the parties wish to enter into a comprehensive Stipulation and Agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Grandparents shall exercise sole legal custody of the child. Grandparents shall have sole discretion in regards to decisions regarding the child's education, medical decisions or religious upbringing. 2. Grandparents shall exercise primary physical custody of the child. 3. Any periods of p~3rtial physical custoc'.y anal/or visitation hetvreen either l~iother and Father and the child shall be agreed upon between Grandparents and said parent. 4. Mother and Father reserve the right to petition the Court for changes to the current Custody Order at any time. 5. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, by agreement of the parties, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Cumberland County, Pennsylvania, enter this as an Order of Court. 6. 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. ,~ 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. 8. 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 part<< 9. All prior Orders in this matter are hereby vacated. 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. VVITNESSETH: 1 ~ n ^ ~1 2 ~~ G~ __ ~!~~y-ray~c~y-ems Pate DAVID SCHO(%NOVER 01 ~ } .~ ' Date J NN SCHOONOVER ',~_ Date RLA D. ARMOLT ~ ~ ~~~ ~ U Date RUSTY DYER ~• -~- COMMONWEALTH OF PENNSYLVANIA: _/ SS. COUNTY OF ~~ ~~A~V On this, the ~ ,~ day of ~~~~-m.6~~ , 2007, before me the undersigned officer, personally appeared David Schoonover and Joann Schoonover, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledge that they executed the same for the purposes therein contained. II~T WITNESS WHEREOF, I hereunto set my hand and official seal. of Public ~ ~~ r, ,_ -- _.___ _. ~i .. ~ k ,,ia~ ,- STATE OF NORTH CAROLINA: '~ ~~~ J COUNTY OF mC~~~.~ _ ., _. On this, the ~ day of ~ `f, , 2007, before me the undersigned officer, personally appeared Karla D. Arm lt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otaiy Public (11~ ~_~-~-~ COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF ~~'~-"`~ ~ ~ "~ -~.I~- On this, the ~~ day of ~'~~``''~"~'~ , 2007, before me the undersigned officer, personally appeared Rusty Boyer, known to me (or satisfactorily provenl to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Waynesho~~o. ~;~ro, ~s•~~°!id;n County Notary Pub11C Poly Commis=,i~~r~ ,x,~ires ^i',:y 30, 2~J09 OCT 0 S 200), ~/ y` JOANN AND DAVID SCHOONOVER, Plaintiffs v. KARLA D. ARMOLT, Defendant v. RUSTY ROYER_, ,additional Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of , 2007, the attached Custody Stipulation and Agreement is hereby made an Order of Court. J.. cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiffs Karla D. Armolt, Pro Se Rusty Boyer, Pro Se l,._ d t`~S n2cd t !d ~~~? ~~ ~ ~~ h.~ ~~ , ~~t'i,L ..+ a ` -^., t ~