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HomeMy WebLinkAbout03-5652HEATHER MARIE SHUNK, Plaintiff v$ o JASON ALLEN CROMER, Defendant CIVIL ACTION - LAW CUSTODY : # CIVIL TERM IN THE COUI~T OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA COMPLAINT FOR JOINT AND SF~RED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff is, Heather Marie Shunk, hereafter referred to as the natural mother, residing at 231 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania, 17013. The Defendant is Jason Allen Cromer, hereafter referred to as the natural father, residing at 124 B Street, Carlisle, Cumberland County. Plaintiff seeks legal custody of the following child: a. Name Present Residence Age Chaya Marie Cromer 231 N. Bedford Street 1 Carlisle, PA 17013 The child was born on July 21, 2002. The child is presently in the custody of the natural mother, who resides at 231 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Heather Shunk Heather Shunk Jason Cromer Address Dates 231 N. Bedford St. Carlisle, PA 17013 124 B. Street Carlisle, PA 17013 10. 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 child 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 or claims to have custody or visitation rights with respect to the child. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody to her. The mother requests physical custody of the child in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. Plaintiff mother prays for an Order awarding legal custody of the minor child, Chaya Marie Cromer, born July 21, 2002, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. WHEREFORE, Plaintiff mother prays for an Order awarding legal custody of the minor child, Chaya Marie Cromer, to the mother, with actual physical custody to the mother, Respectfully submitted, Date: Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU~4BEELA~ID Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. Sworn to and sub~,c~r~ed to before me this ¢~' ' day of · , 200'6 . N~tary Public ORDER OF COURT AND NOW, this ,2g~-- day of ~ ,2003, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT, HEATHER MARIE SHLrNK, Plaintiff JASON ALLAN COMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and beV. veen Heather Marie Shunk, hereinafter referred to as "Mother" and Jason Allan Cromer, hereinafter referred to as "Father". WHEREAS, Mother is an adult individual currently residing at 231 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013; and WHEREAS, Father an adult individual currently residing at 124 B Street, Carlisle, Cumberland, County, Pennsylvania 17013; and WHEREAS, the parties are the natural parents of Chaya M~ Cromer, born July 21, 2002; and WHEREAS, the parties wish to enter into an agreement relative to custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of partial physical custody belonging to the Father such that Father shall enjoy periods of partial physical custody of the child as follows: ~~5~ a..)*~t~rna?ng~we~l~en0s;~from'6:~'p:rrl?,Fi'iday throi~gh 9:00 'a~:m? Sunday; - ' ' '~,~:,*~'~:~:~. ~:..'_.,, ... ' - :'."?~.~':L' : '": - ~, .'. - ~..~.;::-¢~:.?..'¢~2~;~ -~; b.) every Wednesday evening from 4:00 p.m. through 8:00 v.m. In the event that ~g~¥~;E[,~'~.~ith~n'parent's schedule changes that prevents this Wednesday custody from 0~.,~.~ ........,~... · -. .... - ............ '~:?~,'}'.,,," '" .' I~.; ; ~",'.."! .. gl;Mother and Father, w~ll.:make every effort to arrange for an ;.Week'day cori~istent with both of'their schedules. .=. e~joy; custody, Of th~ child on:Father s Day, and Mother shall enjoy [ on Mother's Day. 4. Mother shall have the child until 1:00 p.m and Father shall have the child from 1:00 p.m. through 7:00 p.m. on the following holidays: New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. 5. Mother shall have the child until 1:00 p.m. and Father shall have the child from 1:00 p.m. through 7:00 p.m. on the child's birthday. 6.Neither party may remove the child from Cumberland County. 7. The parties shall keep each other advised of any doctor's appointments concerning the child. The parties ~hall further keep each other advised immediately in.the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affectior~ for the other party. ........ P~- ....... Th-E'~-~i:hes may~k~-~fi~lS'~l~m~k-~rgangements re of the child so long as they may mutually agree. However, if the parties cannot agreement, the terms of this Stipulation and Order shall control. ~ -, 10. The parties desire that this Stipulation and Agreement be made an Order of the 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 in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 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 duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms he'reof set forth their signatures the day and year herein mentioned. Plaintiff/Moth'er of the child Jas~ All--an Com~ Defendant/Father of the child MargaretEVl. Simok Attorney for the Plaintiff Date Date 4 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the /d~J~day of March, 2003, before, the undersigned ~ed JASON ALLAN COMER, known to me (or satisfactorily proven) to be the sam~:~:erson rome is' ' ' subscribed to the within instrument and acknowledged that he executed thi'i~'~g~ent for tl~e ' purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARtAL GEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle B0{0. Cumberland County i My Commission Expire.s April 4, 2005 'Notary Public. 2OMMONWEALTH OF PENNSYLVANIA SS: Prablic' 7 HEATHER MARIE sHUNK PLAINTIFF JASON ALLEN CROMER DEFENDANT AND NOW T~I it is hereby directed that parties at_ 4th Floor, Cumberl.~and 12 for a Pre-Hearing Custody Con if this cannot be accomplished, order. All children a~e five or provide grounds for entry of a The court hereby dire Special Relief orders, and Ct IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA : 03-5652 CIVIL ACTION LAW : : 1N CUSTODY oRDER OF COURT · sd~gj, October 30, 2003 , upon consideration of the attached Complaint, nd their respective counsel appear before Hubert X. Gilroy, Es . , the concili mty_Courthouse, Carlisle on Thursday, November 13, 2003 at 'erence. At such conf~cmce, an effort will be made to resolve the issues in dispute} to define and narrow the issues to be heard by the court, and to enter into a tempor, )lder may also be present at the conference. Failure to appear at the conference ma emporary or permanent order. :ts the parties to furnish any and all existing Protection from Abuse orders, stody orders to the conciliator 48 hours lnrior to scheduled hearing. FOR THE COURT, M or The Court of C with Disabilites Act of 1' available to disabled in& must be made at least 72 conference or hearing. YOU SHOUI- HAVE AN ATFORNE3 FORTH BELOW TO Fl By: /s(~Hubert~LoGilro~sq. Custody Conciliator mon Pleas of Cumberland County is required by law to comply with the Americ ~0. For information about accessible famht~es and reasonable accommodations · ls havin business before the court, please contact our office. All a,~,ange,me,n wdua g . . _ ~Ac~ the court You must attend me scneo~ hours prior to any hearing or ousmes~ u~kut~ ,.. . D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 4I) OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 24%3166 ms tied HEATHER MARIE SHUNK, Plaintiff V JASON ALLEN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 5652 CIVIL : IN CUSTODY COURT ORDER AND NOW, this C(~ day of December, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilr~ Custody C~t'iliator