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HomeMy WebLinkAbout08-0767 JESSICA M. STAMPER, Plaintiff V. SHANE ESLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. ?$ - M C Ivi I Terrn? CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Jessica M. Stamper, residing at 459 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Shane Eslinger, residing at 751 Hidden Valley Rd., Loysville, Perry County, Pennsylvania 17047. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Kaela Stamper 459 Garden Drive 6 months 7/22/07 Mechanicsburg, PA 17055 The child was born out of wedlock. The child is presently in the custody of Plaintiff/Mother, who resides at 459 Garden Drive, Mechanicsburg, PA 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME Jessica M. Stamper RESIDENCE 459 Garden Drive Mechanicsburg, PA 17055 DATE birth to present The mother of the child is Plaintiff, Jessica M. Stamper, currently residing at 459 Garden Drive, Mechanicsburg, PA 17055. She is single. The father of the child is Defendant, Shane Eslinger, currently residing at 751 Hidden Valley Rd., Loysville, PA 17047. He is single. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME Tracy Eslinger Leslie Eslinger Lindsey Eslinger Casey Eslinger RELATIONSHIP Father Step-mother Half-sister Half-sister 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or 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 the parties, after due consideration, have executed an agreement for custody, partial custody and visitation of the minor child and do believe that the terms contained therein are in the best interest and permanent welfare of 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody, partial custody and visitation of the child, as per the terms of the agreement between the parties. Respectfully submitted, Dat s 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 Attorney for Plaintiff FRIEDMAN & KING, P.C. VERIFICATION I, Jessica M. Stamper, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J sica M. Stamper Dated: ? ? (31 ? w a D 'b C- N 7) 5? t w' :? CJ ;- rv 0 rn ° 5t ! .v N ? FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 E-mail: friedmanandking0 hotmail. com Attorney for Plaintiff JESSICA M. STAMPER, Plaintiff V. SHANE ESLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. OF - 9& 7 e;,,d e CIVIL ACTION - LAW CUSTODY/VISITATION AGREEMENT FOR CUSTODY, _PARTIAL CUSTODY AND VISITATION TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, come the Plaintiff, Jessica M. Stamper, hereinafter referred to as "Mother", and Defendant, Shane Eslinger, hereinafter referred to as "Father", who agreeing to be legally bound do hereby stipulate and agree to the following: 1. The parties are the natural parents of Kaela Stamper, born July 22, 2007, hereinafter referred to as "child". 2. LWAL CUSTODY The parties shall have joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the child's best interests. Each party has a right to be kept informed of the child's educational and medical development and shall have a right of access to the child's educational and medical records. Each party shall be entitled to complete and full information concerning the child from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the child at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regafding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. Each party shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other party. 3. PHYSICAL CUSTODY Mother shall have primary physical custody of the child. Mother contemplates relocating with the child to the Wichita, Kansas area, and Father consents to the relocation of Mother and child. Mother shall provide to Father at least fourteen (14) days notice of the exact date of the relocation. Until said relocation, Father shall enjoy partial physical custody for purposes of visitation each weekend from Saturday at 9:00 a.m. until 8:00 p.m., and on Sunday from 9:00 a.m. until 8:00 p.m. For the weekend visitation, the parent who is acquiring the child shall be responsible for the pick up of the child, which pick up shall take place at the residence of the other parent. After the aforementioned relocation of Mother and minor child, Father shall enjoy partial custody for purposes of visitation on the following schedule: A. Even numbered years: December 23 through December 30; ii. Three (3) consecutive weeks in summer, except for calendar year 2008, in which Father's period of summer visitation shall be two (2) consecutive weeks. Summer visitation in even numbered years shall commence on the Sunday following the child's birth date (July 22). B. Odd numbered years: i. Thanksgiving holiday, to commence on the first full day of the school break and end on the last full day of the school break; ii. Spring break, to begin on the first full day of the school spring break. The Spring break visit shall end on the last full day of the school spring break, or on the 7 b full day of the school spring break, whichever occurs first; Two (2) consecutive weeks in summer. Summer visitation in odd numbered years shall commence on the Sunday preceding the child's birth date (July 22). C. All references to school breaks and also the parties' determination of summer shall be made utilizing the school calendar for the school district in which Mother and child reside. D. During Father's periods of physical custody, if Mother has informed Father that she is remaining in the area of Father's residence, Father shall inform Mother of any instances in which he intends to utilize child care and/or babysitting services by an unrelated third party, and Father shall allow Mother the opportunity to provide said services, rather than being provided by an unrelated third party. 4. TRANSPORTATION After the aforementioned relocation of Mother and child, all transportation shall be by flight. The child must be accompanied in each flight by the parent who then has custody of the child. Mother shall bear the financial responsibility for the child's and her transportation to Pennsylvania for the start of the Thanksgiving, Christmas and summer visits. Mother shall also have financial responsibility for Mother's travel cost at the start of the spring break visits. Father shall bear the financial responsibility for the child's and his transportation to Kansas at the end of the Thanksgiving, Christmas, summer and spring break visits. Father shall also have financial responsibility for reimbursing Mother for the child's travel cost at the start of the spring break visits. 5. FLIGHT NOTICE In order for Father to exercise any of his periods of visitation after the aforementioned relocation of Mother and child, Father must provide to Mother written proof of the purchase of airline tickets, with itinerary, for himself and the child, which proof must be provided no later than sixty (60) days prior to the commencement of each visitation period. Mother must then provide to Father written proof of the purchase of tickets for herself and the child, with itinerary, no later than thirty (30) days prior to the commencement of the said visitation period. 6. EXCHANGES The non-traveling parent shall be responsible for meeting the traveling parent and child at the airport for exchange of the child. Each party shall be required, when making flight travel arrangements, to utilize the arrival airport in closest proximity to the other parents residence, unless otherwise agreed to in writing between Mother and Father. The parties shall keep each other informed of cell phone or other emergency telephone contact numbers to allow for communication in case of travel delays or the like. 7. Each party shall have reasonable telephone and mail access to the child when in the custody of the other parent. Neither party shall impair the party's right to custody or interfere with the other parent's custody when the child is with that parent. 9. Neither party shall disparage the other party in front of the child, attempt to alienate the affections of the child from the other party, or allow third parties to attempt to alienate the affections of the child from the other party. 10. The parties shall not involve the child in any of the disputes concerning the child, including, but not ;limited to, financial matters. 11. Each party shall keep the other currently informed of their residence addresses and phone numbers. 12. A car seat installed, in the middle of the rear seat of the vehicle, shall be required for transportation of the minor child so long as she is within the recommended ages and size for said car seat usage. Each party agrees to educate themselves regarding the proper method of car seat installation. Each party further agrees to allow the other to visually inspect the car seat in the other's vehicle upon request. 13. Each party agrees not to utilize corporal punishment in the discipline of the child, nor to allow others to do so. 14. 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. i 1 The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 15. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 16. 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 child. 17. The parties agree that the child shall not be subjected to any body piercings without the consultation and agreement of the other party. 18. The parties recognize and agree that it is desirable for there to be regular, ongoing communication between them regarding the child, and that the parties may, in the future, mutually agree to revise, from time-to-time, the terms contained herein. The parties further recognize and agree that if at any time there is a lack of agreement between them, the terms contained in this Agreement shall dictate their actions. 19. It is the parties' desire and the parties to further agree that the terms contained herein shall be entered as an Order of Court. WITNESS: Jq'i caM. Stamper •° `J "ZZ Shane Esli ger r I COMMONWEALTH OF PENNSYLVANIA COUNTY OF C" Mbio-k.(*1a- SS: On this, thed9viday of 9a? , 2008, before me a Notary Public, the undersigned officer, personally appeared Jessica M. Stamper, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Cp W OF PENNSYLVANIA NOTARIAL SEAL BARBARA E. PALMER, Notary Public City of Harrisburg, Dauphin Cou* My Ca w*" E*w May 23, 20001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF D0,1a 1 SS: On this, the W day of upu- , 2008, before me a Notary Public, the undersigned officer, personally appeared have Eslinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SYLV 0NWf--AL1J-i Of 1,N1 uotanai Seal Rosemarie'' fiaker, Notary Pubiicc lower Paxtor ''? Osuphin Cow. My Commisslo, Expires May 17, r of nnavlvaptp Astnnlat- of Notafts JFK/bp N J I-To \„ `rd lye.. • w? JESSICA M. STAMPER, Plaintiff V. SHANE ESLINGER, Defendant FM 628r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. D$-'7(p7 Ctvi ( Texm CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this 7' day of fvf r, !t7 - , 2008, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties, are adopted as an Order of Court. BY THE COURT: DISTRIBUTION: `John F. King, Esq., 3820 Market Street, Camp Hill, PA 17011, (717) 236-8000 e-mail: friedmanandkingghotmail.com t, Shane Eslinger, 751 Hidden Valley Rd., Loysville, PA 17047 - (717) 856-1222 C" M.-a t LCL a/7?og Z£ .Z J L- 933 80JZ ?, ` ; rvC!' 'd?- ry3HI ?Q