HomeMy WebLinkAbout03-5720JERRY F. STAMY a SUSAN J. STAMY,
Plaintiff
KIMBERLY J. STAMY
Defendant
CIVIL ACTION - LAW
C sTonY
# CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COMPLAINT FOR JOINT AND SPARED CUSTODY
TO THE HONORABLE, THE JUDGES OF SAID COD-RT:
The Plaintiffs are, Jerry F. Stamy & Susan J. Stamy, hereafter referred to
as the maternal grandparent, residing at 76 West Main Street, Newville,
Cumberland County, Pennsylvania, 17241.
The Defendant is Kimberly J. Stamy, hereafter referred to as the natural
mother, residing at 23 W. North Street, Carlisle, Cumberland County,
Pennsylvania.
Plaintiff seeks shared legal custody of the following children:
a. Name Present Residence Aqe
James Michael Stamy 76 W. Main Street 2 years
Newville, PA 17241
b. The child was born on September 4, 2001.
c. The child is presently in the custody of the maternal grandparent,
who reside at 76 West Main Street, Newville, Cumberland County,
Pennsylvania, 17241.
d. The child has resided with the following persons and at the
following addresses for the past 16 months:
Persons
Kimberly Stamy &
Michael Placek
Kimberly Stamy &
Michael Pisek
Ki~erly Stamy &
Michael Pisek
Address
142 S. Hanover St.
Carlisle, PA 17013
Pike Motel
Carlisle, PA 17013
152 W. Louther St.
Carlisle, PA 17013
Dates
birth to Jan. 2003
Jan. 2003 - Feb. 2003
Feb. 2003 ~ Sept. 2003
10.
Jerry Stamy 76 W. Main Street Sept. 2003 - present
Susan Stamy Newville, PA 17241
Plaintiff has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the children 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 children or claims to have custody or visitation
rights with respect to the children.
Each parent whose parental rights to the child has not been terminated and
the person who has physical custody of the children 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 children, 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 maternal
grandparents requests this Court to grant an award of shared legal custody
to maternal grandparents.
The maternal grandparents requests physical custody of the child be with
the maternal grandparents.
The best interests and permanent welfare of the child and his physical,
spiritual, emotional and moral well-being will be served by granting the
relief requested of legal custody of the child with the maternal
grandparents, and primary physical custody with the maternal grandparents,
and the mother being allowed supervised visits and the father having
visitation with the child.
Plaintiff maternal grandparents pray for an Order awarding shared legal
custody of the minor child, James Michael Stamy, born September 4, 2001 ,
to the maternal grandparents and physical custody with the maternal
grandparents and with supervised visits awarded the mother and partial
custody awarded to father as the parties and the petitioners agree.
W~EREFORE, Plaintiff maternal grandparents pray for an Order awarding
shared legal custody of the minor child, James Michael Stamy, born September 4,
2003 , to the maternal grandparents and the father, and physical custody with the
maternal grandparents and with supervised visits awarded the mother and partial
custody awarded to father as the petitioners and the father agree.
Date:
Respectfully submitted,
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 243-1294
COMMONWEALTH OF PENNSYLVANIA :
COUNTY 0F CUMBERLAND :
ss
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 subscr_~bed to
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOTARIAL SEAL
CAROL A M0r~RO~ N~"-
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.
Susan J. Stam~
Sworn to and subsc~ed to
bef~e_Ne this ~ day
of , .
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiff
V8 ·
KIMBERLY J. STA/~Y
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
CIVIL TERM
AFFIDAVIT
I, Michael Placek, hereby join in the attached Complaint to have the maternal grandparents
granted legal and physical custody of the said child with periods of supervised visitation with the
mother, and acknowledge this is satisfactory to me and is what I wish to have occur.
Swom and subscri~b~d to
before me this ~ day
of Ou~~ ,
Notary Public
JERRY F. STAMY & SUSAN J. STAMY
PLAINTIFF
KIMBERLY J. STAMY
DEFENDANT
IN 'II-IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
03-5720 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, November 05, 2003 , upon cortsideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 02, 2003 at 1:30 PM
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/ facqueline M. Vemey. Esq.
Custody Concihator
he 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 facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 b. ours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
IIAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR ~IELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiff
KIMBERLY J. STAMY
Defendant
CIVIL ACTION - LAW
CUSTODY
# CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R.C.P. 1920.4 (a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss
I, RUBY D. WEEKS, ESQUIRE, Attorney for Jerry F. Stamy & Susan J. Stamy,
being duly sworn according to law, depose and say that a true and correct copy
of a Custody Complaint, was served on Kimberly J. Stamy, at 23 West North Street,
Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to her by
certified mail, restricted delivery,
31,2003. Service was not accepted.
Complaint, was served on Kimberly
No. 7002 0860 0000 1074 5176, on October
A true and correct copy of the Custody
J. Stamy, at 14 Swartz Road, Newburg,
Cumberland County, Pennsylvania, 17240, by mailing the same to her by certified
mail, restricted delivery, NO. 7002 0860 0000 1074 5169 and by regular first
class mail postage prepaid, on November 7, 2003. Se~ice was accepted on November
8, 2003.
Sworn and subscrib~ to
before me thi~ ~ day
of / m 2 0dZll_ .
Notary Public I --
Ruby D. Weeks, Esquire
CARLISLE MPO
CARLISLE. Pennsylvania
170132935
11/07/2003 (800)275-8777 09:52:04 AN
'roduct Sale Unl Final
lescrlptlon Oty Price Price
~IEWBURG PA 17240 60.60
:grst-Class
Restricted Delivery $3.50
Return Receipt $1,75
Certified $2.30
Label Serial #: 70020860000010745169
Issue PVI: $B,15
rotal: $8.15
!~sid by:
Cash $10.00
Change Due: -$1.85
Bill#: 1000700608432
Clark: 06
Refunds only per DMM PO14
-- Thank you for your business
r,,~+nmer Copy
JERRY F.. STAMY & SUSAN J. STAMY,
Plaintiffs
KIMBERLY J. STAMY,
Defendant
IN THE COURX OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION'
IN CUSTODY
DOCKET NO. 03-5720
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the Family Law Clinic on behalf of the Defendant,
Kimberly J. Stamy, in the above-captioned matter.
Date:
Gk~7o~giaqL. Reed '
Certified Legal Intern
TI-tOne. VI. PLACE ~
ROBERq' E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Civil Action - Law Custody
KIMBERLY J. STAMY :
Defendant : #03-5720 Civil Term
PRELIMINARY OBJECTIONS OF DEFENDANT KIMBERLY J. STAMY TO TH~,;
CUSTODY COMPLAINT PURSUANT TO Pa.R.C.P. § § 1028(5)
AND NOW, this day of November, 2003, comes the Defendant, Kimberly J. Stamy,
in the above-captioned case, pursuant to Pa.R.C.P. § § 1028(5) and 1915.15, and files these
preliminary objections to the Custody Complaint and avers in support as follows:
COUNT 1
1. On November 5, 2003, Plaintiffs filed a Custody Complaint seeking primary physical
custody of their grandchild, James Michael Stamy (hereinafter "the Child") and shared legal
custody of the child between Plaintiffs and the child's biological father. A true and correct copy
of the complaint is attached hereto as Exhibit 1.
2. Defendant Kimberly J. Stamy (hereinafter "Mother") is the mother of the Child.
3. Michael Placek (hereinafter "Father") is the biological father of the child, although he
is not named as a party to this action.
4. Pursuant to Pa.R.C.P. 1915.3(e), a grandparent seeking physical and/or legal custody
of a grandchild pursuant to 23 Pa.C.S. § 5313(b) must plead facts establishing the elements ora
cause of action under §§ 5313(b)(1), (2), and (3). Here, the Complaint does not allege facts
establishing the elements of a cause of action under 23 Pa.C.S. ~i5313(b).
5. Pursuant to 23 Pa.C.S. § 5313(b), a court may award ]physical and legal custody to a
grandparent when the grandparent has assumed the role and responsibilities of the child's parent
for 12 months. Here, Grandparents' Custody Complaint avers that the child resided with them
for a period of less than 12 months, from September 2003 until the present time. Complaint,
paragraph 2.
6. Pursuant to 23 Pa.C.S §5313(b), a court may award physical and legal custody to a
grandparent when the grandparent assumes the responsibility for a child who has been
determined to be dependant. Here, the child has not been determined to be dependant and
Grandparents' Complaint does not so allege.
7. Pursuant to 23 Pa.C.S.§5313(b), a court may award physical and legal custody to a
grandparent who assumes or deems it necessary to assume responsibility for a child who is
substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. Here,
the child is not at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness and
Grandparents' Complaint does not so allege.
WHEREFORE, because the Complaint fails to set forth grounds upon which a
grandparent may be awarded primary physical and legal custody of a grandchild, the Complaint
should be dismissed.
COUNT 2
8. A parent with legal custody of her child has the basic: and fundamental right to raise
her child as she sees fit, without unwarranted government intrusion or interference from third
parties. Ken R. v. Arthur Z., 546 Pa. 49, 682 A.2d 1267 (1996).
9. In Troxel v. Granville, 530 U.S. 57 (2000), the Supreme Court affirmed the
Washington State Supreme Court by declaring Washington's nc,n-parental visitation statute
unconstitutional as applied to a claim by grandparents seeking to visit their deceased son's
children.
10. The plurality in Troxel noted that the state should not be able to interfere with the
private realm of the family when the parent is fit and acts in the best interest of the child. Id_~. at
68-69. The plurality explained at the Due Process Clause does not permit a state to infringe
th "
on the fundamental right of parents to make childrearing decisions simply because a state judge
believes a 'better'decision could be made" Id.._~. at 72-73.
12. In R.M.v. Baxter, 777 A.2d 446 (Pa. 2001), the Supreme Court of Pennsylvania
held that 23 Pa. C.S. §5313 confers automatic standing upon a grandparent to seek physical and
legal custody ora grandchild. However, the Baxter case did not address the constitutional right
of parents to raise their children free from unwarranted interference.
13. If the Grandparents' Visitation Act, 23 Pa.C.S. §§5311-5313 is interpreted to give
standing to Plaintiffs to bring this action, then on its face and as applied, the Act violates the
Constitutions of Pennsylvania and the United States by compromising the fundamental right of a
parent to raise his or her child without unwarranted interference from third parties.
14. Defendant Kimberly J. Stamy is giving notice of this pleading to the Attorney
General of Pennsylvania in accordance with Pa. R.C.P. 235 by serving it and a copy of the
complaint upon him by registered mail.
WHEREFORE, Defendant Kimberly J. Stamy respectfully requests this Court:
1) Rule that the Grandparents, Visitation Act by confering standing on Plaintiffs,
violates on its face and as applied both the United States Constitution and the
Pennsylvania Constitution, and
3) Dismiss this action with prejudice.
COUNT 3
15. Pursuant to 23 Pa. §5350, Grandparents must declare under oath whether they know
of any person not a party to the proceedings who claims to have custody or visitation rights with
respect to the child.
16. Pa.R.C.P. 1915.6 requires that a parent whose paternal rights who have not been
previously terminated shail be joined as a party to the custody action.
17. The biological father of the child is Michael Placek. His parental rights have not
been terminated.
18. Grandparents' Complaint alleges that each parent whose parental rights to the child
have not been terminated has been named as a party to this action. However, Father has not been
named as a party to the custody action. Complaint, paragraph 6.
WHEREFORE, the Defendant Kimberly J. Stamy respectfully requests this Court to
dismiss Plaintiffs' Complaint for failure to name the Father of the child as a party to the action.
Respectfully Submitted,
GEORGIA L. REED
Certified Legal Intern
THOMAS PLACE
ANNE MACDONALD-FOX
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
Family LAW CLINIC
45 North Pitt Street
Carlisle, Per,sylvania 17013
(717) 243-3696
of any person not a party to the proceedings who claims to have custody or visitation rights with
respect to the child.
16. Pa.R.C.P. 1915.6 requires that a parent whose paternal rights who have not been
previously terminated shall be joined as a party to the custody action.
17. The biological father of the child is Michael Placek. His parental rights have not
been terminated.
18. Grandparents' Complaint alleges that each parent whose parental rights to the child
have not been terminated has been named as a party to this action. However, Father has not been
named as a party to the custody action. Complaint, paragraph 6.
WHEREFORE, the Defendant Kimberly J. Stamy respectfully requests this Court to
dismiss Plaintiffs' Complaint for failure to name the Father of the child as a party to the action.
Respectfully Submitted,
G~(Sk~fA L. ~ED
Ce~ified Leg~ Intern
THOM~/S PLACE
ANNE MACDONALD-FOX
ROBERT E, RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
Family LAg/CLINIC
45 North Pit~: Street
Carlisle, Pennsylvania 17013
(717) 243-36;96
Fax: (717) 243-3639
EXHIBIT 1
JERRY F. STAh~ & SUSAN J. STAGY, :
Plaintiff :
KIMBERLY J. STAMY :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CU~$ERLA1FD COUNTy, PE~SYLVANIA
CIVIL ACTION - LAW
CUSTODY
# CIVIL TER~
The child is presently in the custody of the maternal grandparent,
COMPLAINT FOR JOINT ~ SS~RED CUSTODY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Plaintiffs are, Jerry. F. Stamy & Susan
as the maternal grandparent, residin~ at 76 West Main Street, Neville,
Cu~erland County, Pennsylvania, 17241.
2. The Defendant is Ki~erly J. Stamy, hereafter referred to as the natural
mother, residin~ at 23 W. North Stree'~, Carlisle, Cu~erland County,
Pennsylvania.
3. Plaintiff seeks shared legal custody of the followin~ children:
James Michael Stamy 76 W. Main Street 2 years
Neville, PA 17241
b. The child was born on Septe~er 4, 2001.
who reside at 76 West Main Street, Newville, Cu~oerland County,
Pennsylvania, 17241.
d. The child has resided with the following persons and at the
following addresses for the past 16 months:
Persons
Kimberly Stamy &
Michael Placek
Kimberly Stamy &
Michael Pisek
Kimberly Stamy &
Michael Pisek
Address Dates
142 S. Hanover St.
Carlisle, PA 17013
Pike Motel
Carlisle, PA 17013
152 W. Louthez~
Carlisle, PA 17013
birth to Jan. 2003
Jan. 2003 - Feb. 2003
Feb. 2003 - Sept. 2003
Jerry Stamy 76 W. Main Street Sept. 2003 - present
Susan Stamy Newville, PA 17241
3. Plaintiff has not participated as a party or witness, or in another
capacity, in other litigation concernin~i the custody of the children in
this or another Court.
4. Plaintiff has no information of a custody proceeding concerning the
children pending in a Court of this Commonwealth.
5. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to· have custody or visitation
rights with respect to the children.
6. Each parent whose parental rights to the child has not been terminated and
the person who has physical custody of the childrer, 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 children, so none will be
given notice of the pendency of this action and the right to intervene.
7. Pursuant to the Custody and Grandparents Visitation Act, the maternal
grandparents requests this Court to grant an award of shared legal custody
to maternal grandparents.
8. The maternal grandparents requests physical custody of the child be with
the maternal grandparents.
9. The best interests and permanent wei~are of the child and his physical,
spiritual, emotional and moral well-bein~i will be served by granting the
relief requested of legal custody of the child with the maternal
grandparents, and primary physical custody with the maternal grandparents,
and the mother being allowed supervised· visits and the father having
visitation with the child.
10. Plaintiff maternal grandparents pray for an Order awarding shared legal
custody of the minor child, James Michael Stamy, born September 4, 2001 ,
to the maters~ grandparents and physiual custody with r]~e maternal
grandparents and with supervised visits awarded the mother and partial
custody awarded to father as the parties: and the petitioners agree.
WI{EREFORE, Plaintiff maternal grandparents pray for an Order awarding
shared legal custody of the minor child, James Michael Stamy, born September 4,
2003 , to the maternal grandparents and the fat~[er, and physical custody with the
maternal grandparents and with supervised visits awarded the mother and partial
custody awarded to father as the petitioners and the father agree.
Date:
Respectfully submitted,
Ruby D.~~
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 243-1294
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
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 subscribed to
before ~e ~jnis ~l~i4- day
COMMONWEALTH OF pENNSYLVANIA :
:
COUNTY OF CLr~BERLAND :
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 subscribed to
before /~ ~hi~ ~ day~
of ' - , 20~__~.
JERRY F. STA/4Y & SUSAN J. STAlkY, :
Plaintiff :
KIMBERLY J. STAMY :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CT/M~,ERLA~D COTTNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
# CIVIL TERM
AFFIDAVIT
I, Michael Placek, hereby join in the attached Complaint to have the maternal grandparents
granted legal and physical custody of the said child with periods of supervised visitation with the
mother, and acknowledge this is satisfactory to me and is what I wish to have occur.
Michael Placck, father
Sworn and subscribed to
before, rne .thi~, ~ day
,2q)3
Notary Public
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiffs
KIMBERLY J. STAMY
Defendant
AND NOW, this __
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNS~/~VANIA
Civil Action - Law Custody
#03-5720 Civil Term
ORDER OF COURT
day of
,2003, upon consideration of Defendant
KIMBERLY J. STAMY's Preliminary Objections filed in this matter, the Court directs that:
1. Kimberly J. Stamy shall file a brief in support ,of her Preliminary Objections on or
before
2. Plaintiffs Jerry F. Stamy and Susan J. Stamy shall file a brief in opposition to the
Preliminary Objections on or before
3. Argument shall be before the undersigned on ., at , in
Courtroom no.
By the Court,
JERRY F.. STAMY & SUSAN J. STAMY,
Plaintiffs
KIMBERLY J. STAMY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLATND COUNTY, PENNSYLVANIA
CIVIL ACTION
: IN CUSTODY
:
: DOCKET NO. 03-5720
CERTIFICATE OF SERVICE
I, Georgia L. Reed, hereby certify that I am serving a tree and correct copy of Defendant's
Preliminary Objections on the following person, counsel for plaintiffs, by depositing a copy of
the same in the United States mail, postage prepaid, this 25th day of.November, 2003.
Ruby D. Weeks, Esq.
10 West High Street
Carlisle, PA 17013
Georgia L. Reed
Certified Legal Intern
Family ]Law Clinic
45 North Pitt Street
Carlisle, PA 17013
(717)2413-2968
Fax: (717)243-3639
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiffs
KIMBERLY J. STAMY
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Civil Action - Law Custody
#03-5720 Civil Term
PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS;
TO THE PROTHONOTARY:
The Family Law Clinic filed Preliminary Objections on behalf of the defendant on
November 26, 2003. The Family Law Clinic requests that the Preliminary Objections be
withdrawn.
Date: _ ~/5'/~9 6/
Certified Legal Intern
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
JERRY F. STAMY & SUSAN J. STAMY,
Plaintiff
KIMBERLY J. STAMY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL ACTION ~ LAW
CUSTODY
#03-5720 CIVIL TERM 2003
PARENTAL AGREEMENT AND STIPULATION FOR CUSTODY AND PARENTING
NOW comes the plaintiffs, Jerry F. and Susan J. Stamy,joined by the natural father, Michael
~--AA~/eby attorney, Ruby D. Weeks, Esquire, and the Defendant, Kimberly J. Stamy, by her
their
attorney The Family Law Clinic, who agree and stipulate, representing as follows:
1. The plaintiffs, Jerry F. and Susan J. Stamy, are an adult individuals residing at 76
West Main Street, Neville, Cumberland County, Pennsylvania 17241. They are the
maternal grandparents of the child. They are joined by the natural father, Michael
Pi~'~k~, an adult individual who resides at the Molly Pitcher Hotel, Carlisle, Pa.
17013.
2. The defendant mother, Kimberly J. Stamy, is an adult individual residing at 23 West
North Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the natural parents and maternal grandparents of a minor child,
namely James Michael Stamy (born September ,1, 2001, age 2 years).
4. The parties shall have joint and shared legal custody of the child.
5. The grandparents, Jerry F. and Susan J. Stamy, shall have primary physical custody
of the child.
6. The parents shall have the following periods of partial custody;
(A)
(1) It is further agreed that the mother shall lmve visitation at the grandparent's
residence until such time as she has successfully completed drug and alcohol
treatment, with three months of negative drug testing. The mother must provide
written proof of such testing results and the tests must be consecutive. At such time
as the mother has successfully completed drug and alcohol treatment, had three
consecutive months of negative drug testing and obtained her own residence, the
mother shall then have unsupervised periods of partial custody every other weekend
at times to be agreed to by the parties.
(2) The mother shall have partial custody of the child every Friday and Saturday
at times to be arranged between the mother, father, and grandparents.
(3) The father shall have partial custody of the child at times to be arranged between
the mother, father, and grandparents.
B. The mother and father shall have periods of partial custody to be arranged by
each of them with the grandparents on holidays, including: Christmas Day,
New Year's Day, Easter Sunday, Memorial Day, July 4, Labor Day, and
Thanksgiving, as well as some time with the child on the child's birthday.
The mother shall have partial custody on Mother's Day; the father on Father's
Day.
C. The parties agree that they may between themselves modify this arrangement,
without the need to return to Court, by their mutual agreement so that the
parents may have such additional periods of time with the child or substitute
times as necessary from time to time as all parties may agree.
7. The parties agree the parents shall have reasonable telephone contact with the child
while the child is in the other's custody.
8. The parties shall keep each other advised immediately relative to any emergencies
conceming the child and shall further take any necessary steps to insure theat the
health, welfare and well being of the child is protected.
9. The parties shall notify each other in a timely fashion if it is necessary due to an
emergency or unforeseen circumstance for him or her to be delayed at any of the
times set out herein.
10. The parties shall do nothing that may estrange the child from any other party or hinder
the natural development of the child's love or affection for the other party.
11. Any modification or waiver of any of the provisions of the agreement of the parties
shall be effective only if made in writing and only if executed with the same
formality of the agreement of the parties.
12. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unthir dealing on the part of the other.
13. Parties acknowledge that it is in the best interests of the child to have reasonable and
liberal contact with both parents so as to maintain a normal parent-child relationship
with both parents.
14. The parties desire that this agreement be made art order of Court through the Court
of Common Pleas of Cumberland County without the necessity for a hearing or other
proceeding thereon, and further acknowledge that the Court of Common Pleas of
Cumberland County has jurisdiction over these issues and shall retain such
jurisdiction should circumstances change, the parties do not agree that the mother's
housing is suitable, or if any party desires further or requires further modification of
said Order.
WHEREFORE, the parties respectfully request that the court enter an order providing for
the legal and physical custody of the child as aforesaid.
Date: ,,~ -13 -o ~
f'-J]erry FJ StamP, matemall grandfather
-Kimberly ~. St~y, natur~mother
Susan J. Stamy, n~mal grandmothe~
Ruby D.qYeeks, Esquire, for Plaintiffs
Georgia~ L. Reed, Certified Legal
Intern, Family Law Clinic
co -<
JERRY F. STAMY & SUSAN J. STAMY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: CUSTODY
KIMBERLY J. STAMY :
Defendant : %03-5720 CIVIL TERM 2003
ORDER OF COURT
AND NOW, this ~day of ~--~ 200_~4, upon consideration of
the attached Stipulation and Parenting Agreement, it is hereby directed
based upon the agreement of the parties that the attached Custody
Stipulation and Agreement is made an Order ·
FEB ~ 5 ~004 ~
JERRY F. STAMY & SUSAN
A. STAMY,
Plaintiff
KIMBERLY J. STAMY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003-5720 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
ND NOW, this 25 day of February, 2004, the Conciliator being advised that
the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in
this matter.
FOR THECOURT,
~mey, Esquire, Cu~(tgdy Conciliator
,(U¥iOhiOHiO~ ~['li