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HomeMy WebLinkAbout07-6686Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibraderman[c~thewiselawver.com Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. D7- ~G ~G Ctv~l T~.~-- v. CIVIL ACTION -LAW HARRY T. RUBLY-SHIPMAN, : IN CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Dianna Rubly-Shipman, by and through her attorney, Jay R. Braderman, Esquire and represents as follows: 1. The Plaintiff is Dianna Rubly-Shipman, an adult individual residing at 1102 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Harry T. Rubly-Shipman, an adult individual residing at 236 Vine Street, Williamstown, Dauphin County, Pennsylvania 17098. 3. Plaintiff seeks custody of the following child: Name: Harry T. Shipman, II. Residence: 1102 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070. Age: The child is six years of age, having been born on April 4, 2001. The child is presently in the custody of his Mother, Dianna Rubly-Shipman, who resides at 1102 Allen Street, New Cumberland, Cumberland County, Pennsylvania, 17070. During the last five years, the child has resided with the following persons and at the following addresses: Dianna Rubly-Shipman and Harry T. Rubly-Shipman at 874 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011, from December 28, 2001 until July 14, 2007. Dianna Rubly-Shipman, at 1102 Allen Street, New Cumberland, Cumberland County, Pennsylvania, 17070, from July 15, 2007 to present. The Mother of the child is Dianna Rubly-Shipman, currently residing at 1102 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070. She is divorced. The Father of the child is Harry T. Rubly-Shipman, currently residing at 236 Vine Street, Williamstown, Dauphin County, Pennsylvania 17098. He is divorced. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: a. Harry T. Shipman, II. 5. The relationship of Defendant to the child is that of Father. It is not known with whom Defendant currently resides. 6. 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. 2 Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other state. Plaintiff does 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary nurturing parent and caregiver to the child. 8. 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. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody and shared legal custody of the child, with Father having partial physical custody and shared legal custody of the child. Date: Respectfully submitted, r - - V y R Br r an, Esquire Atto a 0.07047 1 L ust Street . O ox 11489 Ha risburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: jbradermanCa)thewiselawyer.com Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in this pleading are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE: /D /5-47 ('") r.~ C ~ .._,, -~ ~ ~,; -~ ... J ~ ~ ~tE i tj ~; _ c ..~ .~a r r K'~ D ..T' J Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibradermanCa7thewiselawyer.com Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER AND NOW come the above-named parties, by Jay R. Braderman, Esquire, attorney for Plaintiff Dianna Rubly-Shipman, and represent the following: WHEREAS, Dianna Rubly-Shipman (hereinafter sometimes referred to as Mother) and Harry T. Rubly-Shipman (hereinafter sometimes referred to as Father),. were married on September 9, 2000; and, WHEREAS, the parties were divorced on September 27, 2007, pursuant to a divorce decree issued by Court of Common Pleas of Cumberland County; and, WHEREAS, one child was born of this marriage, Harry Taylor Shipman II, born April 4, 2001, now six years of age; and, WHEREAS, the parties have agreed as to the custodial arrangement for their son and what would be in his best interest; and, WHEREAS, the parties desire that their Agreement be entered as an Order of Court, NOW THEREFORE, the Parties hereto request the within Stipulation be entered as an Order of Court, incorporating the following Agreerrrent: 1. Primary physical custody of the minor child, Harry Taylor Shipman II, shall be with Mother, Dianna Rubly-Shipman. 2. Legal custody of the minor child, as that term is statutorily defined and as further defined hereinafter, shall be shared between Mother, Dianna Rubly-Shipman, and Father, Harry T. Rubly-Shipman. The parties agree that major decisions concerning the minor child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the minor child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the minor child from the other party. Each party shall notify the other party of any activity or circumstance concerning the minor child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, professional or authority, and to have copies of any reports given to either party as a parent, pursuant to 23 Pa.C.S. 5309. 3. Father, Harry T. Rubly-Shipman, shall have partial custody of the minor child in accordance with the following schedule: a. Alternating weekends commencing Friday after school until Sunday at 7:00 PM. b. During the summer months, when the minor child is not in school, Father shall pick up the child on alternating weekends at the child's day care center, and will do so by 5:00 PM on his Fridays. 4. The parties will alternate the following major holidays: New Year's Day, Easter, Memorial Day, Fourth of July, and Thanksgiving. The custodial period shall run from 9:00 AM to 8:00 PM. Every President's Day and President's Day weekend shall be with Father, and every Labor Day and Labor Day weekend shall be with Mother. This schedule will begin with Mother having minor child for Thanksgiving in 2007. 5. Christmas will be divided into two segments. Father will have the minor child the day before Christmas Eve at 12:00 noon (December 23~d) until 8:00 PM Christmas Eve (December 24th). Father will pick up the minor child on December 23'~ at Mother's residence and will return the minor child at 8:00 PM on December 24th at the 3 B's ice cream parking lot in Halifax, PA. Mother shall have the child from 8:00 PM Christmas Eve until 8:00 PM Christmas Day. 6. Father shall have custody on Father's Day and Mother shall have Mother's Day. 7. The holiday schedule shall take precedence over the regular custody schedule. 8. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members an/or houseguests comply with this prohibition. 9. Neither party will smoke cigarettes or tobacco products not allow others to smoke in the presence of the minor child. 10. Each party shall be entitled to reasonable telephone ore-mail contact with the minor child when he is in the custody of the other party. The parties shall provide to one another an emergency contact number, a-mail address or contact person. 11. Each party shall have two (2) non-consecutive unencumbered weeks of vacation with the minor child, which vacation week will include that party's regularly scheduled weekend. The vacation week may not include a holiday and one party shall give the other party at least thirty (30) days' written notice of the vacation weeks he or she desires. 12. Should either party have the minor child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number of the place where the minor child is spending the night. 13. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Stipulation (and Order), or if the relocation will be to a location in excess of twenty-five (25) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of the Custody Order by filing a Petition to Modify Custody. 14. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child or otherwise harass or interfere with the parties' periods of partial custody. 15. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between parties and that such mutual agreement would be in the best interests of the minor child. 16. Other than the minor child being picked up at school or at day care, as the case may be, transportation shall be shared, with the exchange of the minor child at 3 B's ice cream parking lot in Halifax, PA. 17. The parties shall organize ways for their minor child to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. It is also suggested that clothing, toys, etc. not become matters of contention. 18. The parties shall agree to refrain from encouraging the minor child to provide reports about the other party. Communication should always take place between the parties without using the minor child as an intermediary. 19. The parties shall permit and support the minor child's access to family relationships and events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other opportunities arise. fitness W' ess Date: Jays ~~fler~ian, Esquire Rubly-Shipman n N _ ~x.., ~~ r ~ E~ ' _ /f '. ~VOV 0 7 2007 ~~ Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: jbradermanCcDthewiselawver.com Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ - (plo8(~, CIVIL ACTION -LAW IN CUSTODY Civi t (errn ORDER AND NOW THIS ~~ day of N 0~[ 2007, the parties having reached an Agreement with regard to the best interests and welfare of the minor child, it is hereby ORDERED AND DECREED as follows: 1. Primary physical custody of the minor child, Harry Taylor Shipman II, shall be with Mother, Dianna Rubly-Shipman. 2. Legal custody of the minor child, as that term is statutorily defined and as further defined hereinafter, shall be shared between Mother, Dianna Rubly-Shipman, and Father, Harry T. Rubly-Shipman. The parties agree that major decisions concerning the minor child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the minor child's best interest. jJ w.i i'; tliL.r Each party agrees not to impair the other party's rights to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the minor child from the other party. Each party shall notify the other party of any activity or circumstance concerning the minor child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, professional or authority, and to have copies of any reports given to either party as a parent, pursuant to 23 Pa.C.S. 5309. 3. Father, Harry T. Rubly-Shipman, shall have partial custody of the minor child in accordance with the following schedule: a. Alternating weekends commencing Friday after school until Sunday at 7:00 PM. b. During the summer months, when the minor child is not in school, Father shall pick up the child on alternating weekends at the child's day care center, and will do so by 5:00 PM on his Fridays. 4. The parties will alternate the following major holidays: New Year's Day, Easter, Memorial Day, Fourth of July, and Thanksgiving. The custodial period shall run from 9:00 AM to 8:00 PM. Every President's Day and President's Day weekend shall be with Father, and every Labor Day and Labor Day weekend shall be with Mother. This schedule will begin with Mother having minor child for Thanksgiving in 2007. 5. Christmas will be divided into two segments. Father will have the minor child the day before Christmas Eve at 12:00 noon (December 23'x} until 8:00 PM Christmas Eve (December 24th). Father will pick up the minor child on December 23`d at Mother's residence and will return the minor child at 8:00 PM on December 24th at the 3 B's ice cream parking lot in Halifax, PA. Mother sha11 have the child from 8:00 PM Christmas Eve until 8:00 PM Christmas Day. 6. Father shall have custody on Father's Day and Mother shall have Mother's Day. 7. The holiday schedule shall take precedence over the regular custody schedule. 8. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members anlor houseguests comply with this prohibition. 9. Neither party will smoke cigarettes or tobacco products not allow others to smoke in the presence of the minor child. 10. Each party shall be entitled to reasonable telephone or a-mail contact with the minor child when he is in the custody of the other party. The parties shall provide to one another an emergency contact number, a-mail address or contact person. 11. Each party shall have two (2) non-consecutive unencumbered weeks of vacation with the minor child, which vacation week will include that party's regularly scheduled weekend. The vacation week may not include a holiday and one party shall give the other party at least thirty (30) days' written notice of the vacation weeks he or she desires. 12. Should either party have the minor child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number of the place where the minor child is spending the night. 13. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Stipulation (and Order), or if the relocation will be to a location in excess of twenty-five (25) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of the Custody Order by filing a Petition to Modify Custody. 14. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child or otherwise harass or interfere with the parties' periods of partial custody. 15. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between parties and that such mutual agreement would be in the best interests of the minor child. 16. Other than the minor child being picked up at school or at day care, as the case may be, transportation shall be shared, with the exchange of the minor child at 3 B's ice cream parking lot in Halifax, PA. 17. The parties shall organize ways for their minor child to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. It is also suggested that clothing, toys, etc. not become matters of contention. 18. The parties shall agree to refrain from encouraging the minor child to provide reports about the other party. Communication should always take place between the parties without using the minor child as an intermediary. 19. The parties shall permit and support the minor child's access to family relationships and events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other opportunities arise. BY THE COURT: ~~ J. DISTRIBUTION LIST FOR PLAINTIFF: /Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibradermanCc~thewiselawver.com FOR DEFENDANT: / Harry T. Rubly-Shipman 236 Vine Street Williamstown, PA 17098 Co ~ ~.S rn~ ~ ~~ ~t14`v7