Loading...
HomeMy WebLinkAbout03-6528 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs LISA MICHELLE MILLER and KEVIN RUSSELL, Defendants CIVIL ACTION- LAW No. 2003- (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition to Modify Custody and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA NOTICIA Le han demando a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFON© A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Slreet Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS, SHUFF, FLOWER & L1NDSAY ~tn~/say Ging~,~/fi Ma~]ay, Esquire /~"' [ ~/Attomey I.D. No. 87954 C/ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs LISA MICHELLE MILLER and KEVIN RUSSELL, Defendants COMPLAINT (lin Custody) FOR CUSTODY CIVIL ACTION - LAW No. 2003 - 6A'~ AND NOW, this I/~ day of December, 2003, come Plaintiffs, Wilbur Pennsylvania. 3. Chamberlin and Janice Chamberlin, by and through their attorneys, Saidis, ShufL Flower & Lindsay, and file the following Complaint for Custody and in support thereof aver as follows: 1. Plaintiffs, Wilbur Chambeflin and jarrice Chamberlin, adult individuals, are the natural maternal grandparents of one minor child, namely, Logan Tr6 Chamberlin- Russell (hereinafter referred to as "Logan"), whose date of birth is August 14, 1996. Plaintiffs currently reside with Logan at 75 Dead End Lane, Shippensburg, Defendant, Lisa M. Miller, an adult individual, is the natural mother of Logan, who currently resides at 1581 Path Valley Road, Fort Lauden, Pennsylvania. 4. Defendant, Kevin Russell, an adult indiividual, is the natural father of Logan, who currently resides at 1213 Pineview Drive, Apartment 8, Morgantown, West Virginia. 5. The child was horn out of wedlock. 6. Plaintiffs have, for the most part, exercised primary physical custody of Logan since his birth, including providing for his daily needs, support and care. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA b) c) d) child since his birth; e) 7. Plaintiffs have no information of any other custody proceeding conceming the child pending in any court of this Commonwealth. 8. Plaintiff does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the child. 10. The best interests and permanent welfiare of the child will be best served by granting the relief requested because: a) The Plaintiffs, for the most part, have exercised primary physical custody of the child since the child's birth; The child has bonded with the Plaintiffs; The child is well-settled in school in the Plaintiffs' school district; The Plaintiffs have provided monetary and emotional support for the The Defendants agree that it is in the child's best interest to remain in the physical custody of the Plaintiffs as evidenced by the executed Stipulation and Agreement for Custody, which was filed simultaneously with this Complaint, at the same term and number. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREFORE, Plaintiffs respectfully requests this Honorable Court execute the Order in the form attached to the Stipulation and Agreement for Custody, which is filed at the above-referenced docket number. By: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY tAn/itsay Gin~i~thMa~lay, Esquire t-~Attomey I.I~o. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner VERIFICATION We verify that the statements made in this Complaint for Custody are tree and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Wilbur Chamberlin Date: /~// q/,~..~ Ja~ce Chamberlin SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs LISA MICItELLE MILLER and KEVIN RUSSELL, Defendants No. 2003 - .. : : (In Custody) STIPULATION AND AGREEMENT ]FOR CUSTODY CIVIL ACTION - LAW THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this day of [~.t~l.~ff ,2003, by and between Wilbur and Janice Chamberlin (hereinafter referred to as "Grandparents") and Lisa. M. Miller (hereinafter referred to as "Natural Mother") and Kevin Russell (hereinafter referred to as "Natural Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the maternal grandparents of one minor child, namely, Logan Tr6 Chambeflin (hereinafter referred to as "Logan"), whose date of birth is August 14, 1996; and WHEREAS, Lisa M. Miller, the Natural Mother of the Child, is currently housed in the Cumberland County Prison; and WHEREAS, Kevin Russell, the Natural Father of the Child currently resides in West Virginia; and WHEREAS, for the most part, the Child has been in the custody of the Grandparents since his birth; and WHEREAS, the Child has developed a strong bond with the Grandparents; and WHEREAS, the Natural Mother is unable to care for the Child while incarcerated: and SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA WHEREAS, the Natural Father does not wish to uproot the Child from his familiar surroundings; and WHEREAS, the parties now wish to enter into a Stipulation and Agreement for temporary custody of the Child. NOW, THEREFORE, the parties hereby agree: as follows: 1) The Grandparents shall have sole legal custody of the Child. Legal custody means the right of parents (in this case, grandparents) to control decisions of importance in the life of the Child, including educational, medical, and religious decisions. However, the Grandparents will ensure that both Natural Parents are provided with equal access to the Child's school, medical, dental, and other important records. As soon as practical after the receipt by the Grandparents, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the Natural Parents. The Grandparents shall notify the Natural Parents of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the Natural Parents can attend, if he or she so chooses. All non-major decisions involving the Child's day-to-day living shall be made by the Grandparents, consistent with the other provisions of this Stipulation. 2) Physical custody of the Child, as that term is defined in the Custody Act, shall be primarily with the Grandparents, however, it .,;hall be subject to the Natural Parents' periods of partial custody/visitation as agreed to by the parties hereto. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 3) All parties are expected to use commc,n sense in scheduling telephone calls to talk to the Child. All parties and/or their spouses are hereby directed to refrain from preventing the Natural Parent/Grandparent who may be calling, from talking to the Child, or preventing the Child from calling the Natural Parent/Grandparent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the then-custodial parties period of custody. 4) Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parties. No party shall do, nor shall any party permit any third person to do or say anything which may estrange the Child from the Natural Parents/Grandparents, their spouse or relatives, or injure the Child's opinion of any party or which may hamper the free and natural development of the Child's love, affection and respect for the Natural Parent/Grandparent. The parties shall not use the Child to convey verbal messages to the Natural Parents/Grandparents about the custody situation or changes in the custody schedule. 5) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by any party hereto. 6) Emergency decisions regarding the Child shall be made by the Natural Parent/Grandparent(s) then having custody. Howew~r, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party/ies by telephone or any other means practical, informing the other party/les of the nature of the illness or emergency. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 7) The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. All parties are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8) The parties are free to orally modify the terms of this Stipulation, but in order to do so, all parties must be in complete agreement to any new terms. 9) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with the other parties ]hereto. 10) Any major, long-term modifications of this Stipulation need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by all parties. In the event that any party is not in agreement with a proposed change, this Stipulation will control the custodial arrangement tmtil such time as the parties are able to agree. 11) The parties agree that this Stipulation and Agreement shall be evidenced by Order of Court. 12) The parties further agree that this C, ourt shall retain jurisdiction in this matter. 13) The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Grandparents are represented by Saidis, Shuff, Flower and Lindsay and the Natural Parents been advised that he/she may be SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA represented by counsel of choice. The Natural Parents have each, respectively, waived this right. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice mad with such knowledge as each has sought from counsel, if any, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attomey for all legal services rendered or to be rendered on his or her behalf. 1N WITNESS WHEREOF, the parties and their respective witnesses have their hands and seals this L)~ dayof ~_~?WI~/ ,2003. WITNESSES: ~i~say Ging~ch/Macl~y, Esquire Attorney for Plaintiffs '. L. ind~ay Gin~h Ma~lay, Esquire '-~Attorney for Plaintiffs Wilbur Chamberlin, Grandfather &J~mice Chamberlin, Grandmother Lls~a'M.'Miller, Natural Mother .;~~""~" ..~'~'.' . Kewn'~'gJfissell, Natural Father DEC 0 ! 21D03 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs Vo LISA MICHELLE MILLER and KEVIN RUSSELL, Defendants CIVIL ACTION - LAW .. No. 2003- ~, ,5~..~ ~ : (In Custody) ORDER AND NOW, this ~ day of ~'~ f t~ ( _~{,~ ~:_/ , 2003, upon presentation and consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Stipulation is made on Order of Court. BY THE COURT, ,J. DEC 0 1 ZOO3 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs LISA MICHELLE MILLER and KEVIN RUSSELL, Defendants CIVIL ACTION - LAW No. 2003 - 6528 (In Custody) AMENDED STIPULATION AND AGREEMENT FOR THIS AMENDED STIPULATION CUSTODY/GUARDIANSHIP is entered into this _ CUSTODY/GUARDIANSHIP AND AGREEMENT FOR 2004, by and between Wilbur and Janice Chamberlin (hereinafter referred to as "Grandparents") and Lisa M. Miller (hereinafter referred to as "Natural Mother") and Kevin Russell (hereinafter referred to as "Natural Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the maternal grandparents of one minor child, namely, Logan Tr6 Chambedin (hereinafter referred to as '%ogan"), whose date of birth is August 14, 1996; and WHEREAS, Lisa M. Miller, the Natural Mother of the Child, currently resides in Chambersburg, Pennsylvania; and WHEREAS, Kevin Russell, the Natural Father of the Child currently resides in West Virginia; and WHEREAS, for the most part, the Child has been in the custody of the Grandparents since his birth; and WHEREAS, the Child has developed a strong bond with the Grandparents; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREAS, the Natural Mother is currently ratable to care for the Child; and WHEREAS, the Natural Father does not wish to uproot the Child from his familiar surroundings; and WHEREAS, the Grandparents are currently the Child's sole means of financial support; and WHEREAS, the parties now wish to enter into an Amended Stipulation and Agreement for Custody/Guardianship of the Child. NOW, THEREFORE, the parties hereby agree as follows: 1) The Grandparents shall have sole legal custody of the Child. Legal custody means the right of parents (in this case, grandparents) to control decisions of importance in the life of the Child, including educational, medical, and religious decisions. However, the Grandparents will ensure that both Natural Parents are provided with equal access to the Child's school, medical, dental, and other important records. As soon as practical after the receipt by the Grandparents, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the Natural Parents. The Grandparents shall notify the Natural Parents of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the Natural Parents can attend, if he or she so chooses. All non-major decisions involving the Child's day-to-day living shall be made by the Grandparents, consistent with the other provisions of this Amended Stipulation. 2) Physical custody of the Child, as that term is defined in the Custody Act, shall be primarily with the Grandparents, however, it shall be subject to the Natural Parents' periods of partial custody/visitation as agreed to by the parties hereto. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 3) As the Grandparents are providing sole monetary and emotional support for the Child, the Natural Parents desire that the Grandparents be appointed legal guardian of the Child. 4) All parties are expected to use common sense in scheduling telephone calls to talk to the Child. All parties and/or their spouses are hereby directed to refrain from preventing the Natural Parent/Grandparent who may be calling, from talking to the Child, or preventing the Child from calling the Natural Parent/Grandparent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the then-custodial parties period of custody. 5) Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parties. No party shall do, nor shall any party permit any third person to do or say anything which may estrange the Child from the Natural parents/Grandparents, their spouse or relatives, or injure the Child's opinion of any party or which may hamper the free and natural development of the Child's love, affi:ction and respect for the Natural parent/Grandparent. The parties shall not use the Child to cc,nvey verbal messages to the Natural Parents/Grandparents about the custody situation or changes in the custody schedule. 6) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by any party hereto. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7) Emergency decisions regarding the Child shall be made by the Natural parent/Grandparent(s) then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party/ies by telephone or any other means practical, informing the other party/les of the nature of the illness or emergency. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 8) The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Amended Stipulation. All parties are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9) The parties are free to orally modify the terms of this Amended Stipulation, but in order to do so, all parties must be in complete agreement to any new terms. 10) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with the other parties hereto. 11) Any major, long-term modifications of this Amended Stipulation need to be in writing, agreed to by both parties, and executed with the same formalities as this Amended Stipulation. Minor, short-term changes can be made orally, if agreed upon by all parties. In the event that any party is not in agreement with a proposed change, this Amended Stipulation will control the custodial arrangement until such time as the parties are able to agree. 12) The parties agree that this Amended Stipulation and Agreement shall be evidenced by Order of Court. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA matter. 13) The parties further agree that this Court shall retain jurisdiction in this 14) The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Grandparents are represented by Saidis, Shuff, Flower and Lindsay and the Natural Parents been advised that he/she may be represented by counsel of choice. The Natural Parents have each, respectively, waived this right. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, if any, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. 1N WITNESS WHEREOF, the parties and their respective witnesses have their ,2004. Wilbur Chamberlin, Grandfather Ja~ice Chamberlin, Grandmother SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR CHAMBERLIN and JANICE CHAMBERLIN, Plaintiffs LISA MICHELLE MILLER and KEVIN RUSSELL, Defendants CIVIL ACTION - LAW No. 2003 - 6528 (lin Custody) ORDER AND NOW, this _~ day of [~ 9~r_~ ,2004, upon presentation and consideration of the attached Amended Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Amended Stipulation and Agreement for Custody/Guardianship is made on Order of Court. BY THE COURT, ,J.