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HomeMy WebLinkAbout08-1753OM & N ULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL B. MAY PLAINTIFF VS. CHARLENE L. MAY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. -3 CIVIL ACTION -LAW IN CUSTODY COMPLAINT 1. Plaintiff is Daniel B. May, who currently resides at 415 Springfield Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Charlene L. May, who currently resides at 264 Darvin Purcell Road, Glennville, Tattnall County, Georgia 30427. 3. The Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff is seeking custody of the following child: a. Sarah Lanette May, born August 15, 1990. i. The child was born in wedlock. 2 6. During the child's lifetime, she has resided primarily with her Mother in Tattnall County, Georgia, but is moving to Pennsylvania to reside with her Father. 7. The mother of the child is Charlene L. May, who currently resides at 264 Darvin Purcell Road, Glennville, Tattnall County, Georgia 30427. 8. The father of the child is Daniel B. May, who currently resides at 415 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 9. The relationship of Plaintiff to the child is that of Father. 10. The relationship of Defendant to the child is that of Mother. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. The Plaintiff does not know of a person nor 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: Mother and Father have entered into an agreement regarding the legal and physical custody of the child. (See Custody and Stipulation Agreement, attached hereto as `Exhibit A'). 14. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. 3 WHEREFORE, the Plaintiff respectfully requests This Honorable Court to grant custody pursuant to the agreement of the parties. Respectfully submitted, ABOM&KUTUTAKi4 L.L.P. DATE 0 "-0- K ara W. Haggerty Supreme Court ID 41? 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 4 VERIFICATION PURSUANT TO Pa R C P 1024(c) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: 03l IL? I06 _"MOM & Nu ULAKIS 0 Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DANIEL B. MAY PLAINTIFF VS. CHARLENE L. MAY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULA OM ND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between DANIEL B. MAY, (hereinafter referred to as "Father' and C T RLEIVEL. MAY, (hereinafter referred to as "Mother'. WHEREAS, the Parties are the natural parents of two (2) children, namely KATHRYN ELIZABETH MAY, born February 26th, 1987, and SARAH LANETTE MAY, born August 15th, 1990, (hereinafter referred to as "Children"); WHEREAS, the Parties acknowledge that the within Custody Stipulation and Agreement shall only apply to Sarah Lanette May, as she has not yet reached the age of majority; and 2 EXHIBIT A WHEREAS, the Parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Parties stipulate and agree as follows: 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health and education. Pursuant to the terms of Pa.C.S. 55309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical 3 records, birth certificates, school or educational attendance records or report cards. Additionally, Father shall provide copies of any notices which come from school with regard to school-related extracurricular activities, parent- teacher conferences, musical presentations, back-to-school nights, and the like. 2. Father shall enjoy primary physical custody of the Child. 3. Mother shall enjoy partial physical custody of the Child at such times and on such dates as the parties may agree, with Mother providing at least one week notice of such time. 4. Neither parent shall do anything which may estrange the Child from the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 5. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 6. The Parties desire that this Stipulation and Agreement be made an Order of 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. 4 7. The Parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 8. 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 any duress or undue influence. IN WITNESS WHEREOF, the Parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ?r 6 D TE gtIEL MAY CHARLENE L. MAY 5 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ZUN?erldl-? On this 1A day of , 2008, before me, the undersigned officer, personally appeared DANIEL B. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. CUL NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, Notary Pudic /? Ca?sle 9oro, Cumberland Cou* My Commission Expires Apn7 7, 2009 6jkL Member, Pennsylvania Association of Notaries COUNTY OF Ir2.1 SS. On this ? day of Ahaa , 2008, before me, the undersigned officer, personally appeared CHARLENE L. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public, Telfair CoLnt?-,degrpi. My Commission Expires Feb. 13, 2008 4r 6 CERTIFICATE OF 9ERVICE ((,,?? ?ty AND NOW, this lU day of March, 2008 I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, return receipt requested, postage prepaid addressed to the following: Charlene L. May 264 Darvin Purcell Road Glennville, GA 30427 Pro Se Defendant Respectfully submitted, ABOM&KUTULAK14 L.L.P. 41 Kara W. Haggerty, Es Attorney ID No. 8691 / 36 South Hanover Str eet Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff 5 --t OM & &U ."ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DANIEL B. MAY PLAINTIFF VS. CHARLENE L. MAY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: © Y - 17,53 C c 7?i.? CIVIL ACTION -LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between DANIEL B. MAY, (hereinafter referred to as "Father' and CIIA1;T F'NEL. MAY, (hereinafter referred to as "Mother'. WHEREAS, the Parties are the natural parents of two (2) children, namely KATHRYN ELIZABETH MAY, born February 26th, 1987, and SARAH LANETTE MAY, born August 15th, 1990, (hereinafter referred to as "Children"); WHEREAS, the Parties acknowledge that the within Custody Stipulation and Agreement shall only apply to Sarah Lanette May, as she has not yet reached the age of majority; and 2 WHEREAS, the Parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Parties stipulate and agree as follows: 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health and education. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical 3 records, birth certificates, school or educational attendance records or report cards. Additionally, Father shall provide copies of any notices which come from school with regard to school-related extracurricular activities, parent- teacher conferences, musical presentations, back-to-school nights, and the like. 2. Father shall enjoy primary physical custody of the Child. 3. Mother shall enjoy partial physical custody of the Child at such times and on such dates as the parties may agree, with Mother providing at least one week notice of such time. 4. Neither parent shall do anything which may estrange the Child from the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 5. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 6. The Parties desire that this Stipulation and Agreement be made an Order of 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. 4 7. The Parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 8. 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 any duress or undue influence. IN WITNESS WHEREOF, the Parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: 4a D TE ANIEL .MAY ?8' l? DATE CHARLENE L. MAY 5 COMMONWEALTH OF PENNSYLVANIA JJ SS. COUNTY OF L ln Y On this ?A day of 7?L?? 2008, before me, the undersigned officer, personally appeared DANIEL B. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. CC/L NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, Notary Public / Cariisle isBoro, si C)nberiand Cow* My Commission E-ires APn17 2009 Q -, C Member, Pennsylvania Association of Notaries COUNTY OF SS. LAI On this 1- day of Q , 2008, before me, the undersigned officer, personally appeared CHARLENE L. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public, Telfair Count,egQi- My Commission Expires Feb. 13, 2008 t, 6 c r cam ; ....E {'`> ; ` ZC . ' MAR 1 9 20DSptY ?. DANIEL B. MAY : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: O k- 1753 C tc? l '1,a,,- CHARLENE L. MAY : CIVIL ACTION -LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW this 2? day of , 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court yX1a.ra W. Haggerty, Esquire, For the Plainfi?f ?harlene L. May, Pro Se Defendant, 264 Darvin Purcell Road, Glennville, Tattnall County, Georgia 30427 A ?--- e? ? _ µ? }G^ ? , ta- ?? , _ _ -p.. ,. _ ?..L' '?,,.. ? d '`? G ? --? ---- yyy ?? ?4 ?^`? [.,+/ 4'