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HomeMy WebLinkAbout08-1528 STEPHANIE KING, Plaintiff vs. ROBERT F. MYERS, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OF • Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Stephanie King, who currently resides at 1311 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Robert F. Myers, Jr., whose current address is 1311 Ritner Highway, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Sereena M. Guinther 9/18/96 (11) 1311 Ritner Highway Carlisle, Pa. 17013 Mother currently has primary physical custody of the child. Natural Father, Joseph E. Guinther, is currently incarcerated and is serving a life sentence. During the past five years, the child has resided with the following persons and at the following addresses: NAME Stephanie King Robert F. Myers, Jr. Sereena M. Guinther Stephanie King Pam (sister) Sereena M. Guinther Sereena M. Guinther ADDRESSES 1311 Ritner Highway Carlisle, Pa. 17013 Massachusetts Milton Hershey School Hershey, Pa. DATES 2/21/08 - present Oct. '07 - 2/21/08 Fall 2005 - Sept. 2007 The mother of the child is Stephanie King. She currently resides at 1311 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. She is not married. The father the child is Joseph E. Guinther. He is currently incarcerated and is serving a life sentence. He is not married. The proposed Caretaker is Robert F. Myers, Jr. He currently lives at 1311 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. He has known Stephanie King and Sereena M. Guinther for a period of ten years. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with Caretaker and the child. 5. The relationship of defendant to the child is that of Caretaker. The defendant currently lives with the Mother and the child. 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. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: _ Mother has plans to enter the Army and attend basic trainin with in a roximatel thi 30 da s. She is livin in Carlisle with a friend she has known for man ears. Father is current) incarcerated. Mother and Caretaker have entered a custody stipulation under which Caretaker would have primary physical custody of the child and the parties would share legal custody of the child while Mother is away. Mother feels that this would be in the best interest of the child because it would not disrupt the child's schooling. and she has known Caretaker for a period of years and she feels he is best suited to provide daily care for the child at this time. 8. 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 parties to this action except as follows: Father is currently incarcerated and serving a life sentence He was unable to be contacted before entry of proposed sti ulation. Mother has attempted to contact Father through his counselor and believes that a copy of the stipulation could be sent to Father in prison Also Mother is not requesting Father's rights be limited by entry of this stipulation ?y WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: 3 9/9 Respectfully submitted, ne Adams, Esquire D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 4anicete King, Plain V 14E &-,flf d' X 'b c o r ?? ,_ ? s- ?": ? . xs. =?? ? r.. C j 1 ? l ? _ ? w o?, tt7 -C d STEPHANIE KING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 6S- /5a 8 Civil Term ROBERT F. MYERS, JR. ACTION IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 4 day of ?", , 2008, by and between STEPHANIE KING, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and ROBERT F. MYERS, JR., (Hereinafter referred to as "Caretaker"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother is the natural parent of one child, namely, Sereena M. Guinther, born September 18, 1996; WHEREAS, Mother and Caretaker have reached an agreement relative to the future care, custody, and visitation of her child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Caretaker desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Caretaker shall share legal custody of the child, Sereena M. Guinther. Joint legal custody means both parties may share in making of decisions of importance in the life of the child, including educational, medical, and religious decisions. Both parties shall be entitled to access to the child's school, medical, dental, and other important records. Notwithstanding that both parties shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the party then having physical custody, consistent with the other provisions of this Agreement. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Caretaker, Robert F. Myers, Jr. Natural Mother is joining the Army, and anticipates starting basic training within thirty (30) days. Natural Father, Joseph E. Guinther, is currently incarcerated and serving a life sentence. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial party for a certain period of time. Mother shall have liberal periods of partial custody as she requests. 4. Illness of the Child. Emergency decisions regarding a child shall be made by the party then having physical custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other party or parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a 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. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 5. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 6. Other parent. This stipulation is an agreement between Mother and Caretaker. Due to Father's long-term incarceration and unavailability, he was not a party to this agreement. This stipulation and subsequent Order does not limit Father's rights or prevent Father from filing a petition regarding this matter to request a modification of the custody Order. 7. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 10. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Au? M Wi ess _qtl A g 117,44Uje__-., , 4 Steph ie King, Mother Date: ' l y JZDO g a(r,4 Robert F. Myers, cCaaretak Date/Jc/err d d tr ? .: 3 `; c MAR 1 0 zoo?? } STEPHANIE KING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. d 9 /Sl S' Civil Term ROBERT F. MYERS, JR. ACTION IN CUSTODY Defendant ORDER AND NOW, this 4 day of h W L. , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on March 4, 2008, shall be entered as an Order of Court. cc: .44obert F. Myers, Jr., caretaker ,,?ne Adams, Esquire, for mott V ?lw ;iNj 4 ,4 1 "t^oo 0C :Z Wd 11 8vw goon RC#I Gig i1 3HI JO