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HomeMy WebLinkAbout08-2019.T 'AB __U OM & Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 LINDA AND FRED LANGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. ANGELA. FINLEY, CIVIL ACTION - LAW Defendant IN CUSTODY 1. Plaintiffs are Linda and Fred Langer, who currently reside at 90 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Angela Finley, who currently resides at 274 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiffs have been bona fide residents 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 Plaintiffs are seeking custody of the following child: a. Skylar Devan Gumby, born December 9, 1993. 2 i. The child was born during wedlock. 6. During the child's lifetime, he has resided primarily with his Mother in the Carlisle, Cumberland County area; however, with Mother's consent, the Child is going to be residing with his Maternal Grandparents. 7. The maternal grandparents of the child are Linda and Fred Langer, who currently reside at 90 Country View Estates, Newville, Cumberland County, Pennsylvania. 8. The mother of the child is Angela Finley, who currently resides at 274 West Ridge Street, Carlisle, Cumberland County, Pennsylvania; however, she is planning to commit herself for inpatient mental health treatment and it is not known where she will be residing. 9. The father of the child is Marcus Eugene Gumby, Jr., who currently resides in a State Correctional Institution, and it is not known when he will be released. 10. The relationship of Plaintiffs to the child is that of Maternal Grandparents. 11. The relationship of Defendant to the child is that of Mother. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: Maternal Grandparents and Mother have entered into an agreement regarding the legal and physical custody of the child. (See Custody and Stipulation Agreement, attached hereto as `Exhibit A'). 15. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. 3 WHEREFORE, the Plaintiffs respectfully request This Honorable Court to grant custody pursuant to the agreement of the parties. DATE V. 3 I M Respectfully submitted, Kara W. Haggerty Supreme Court ID 8 91 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaints 4 ABOM & KUTULA"S, L.L.P. ABOM & l?UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 LINDA AND FRED LANGER, Plaintiff V. ANGELA FINLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN CUSTODY CUSTODY TI ULATIO AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between LINDA AND FRED LANGER, (hereinafter referred to as "Maternal Grandparents' and ANGELA FINLEY, (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural grandparents and parent of one (1) child, namely SKYLAR DEVAN GUMBY, born December 9, 1993, (hereinafter referred to as "Child'; WHEREAS, Linda and Fred Langer are adult individuals currently residing at 90 Country View Estates, Newville, Cumberland County, Pennsylvania; A-- WHEREAS, Angela Finley is an adult individual who is planning to commit herself for mental health treatment in the near future; WHEREAS, the Child's father is Marcus Eugene Gumby, Jr., who is presently incarcerated in a State Correctional Facility for an unknown amount of time, and is physically unable to exercise custody of the Child; and, WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Maternal Grandparents shall have sole legal custody of the Child, Skylar Devan Gumby, born December 9, 1993. Maternal Grandparents shall have the right to make all major emergency and non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, Maternal Grandparents shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records. Maternal Grandparents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Maternal Grandparents 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 records, birth certificates, school or educational attendance records or report cards. Additionally, Maternal Grandparents shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to- school nights, and the like. 2. Maternal Grandparents shall have primary physical custody of the Child. 3. Mother shall exercise partial physical custody of the Child at such times as the parties may agree and under such circumstances or conditions as approved by Maternal Grandparents. 4. The parties agree to notify the other of any change in living arrangements, to include a change of address or a change of persons living at the residence, immediately upon a change becoming known. 5. Neither party shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. Furthermore, neither party shall include the Child in any decision-making regarding custody of the Child. 6. 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. 7. 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, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 8. 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. 9. 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: J- 3/- 0 Date LINDA LANGER Date F D LANGER Date ANG LA FINLEY VERIFICATION I, LINDA AND FRED LANGER, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 3- 30- o? Date -3?-6' (?Le'q- LINDA LANGER FRED LANGER EERTIFI TE OF SERVICE AND NOW this alS' 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 hand delivery, addressed to the following: Angela Finley 274 West Ridge Street Carlisle, PA 17013 Pro Se Defendant Respectfully submitted, ABOm"?c KUTULA"S, L.L.P. Kara W. Haggerty, Esquire Attorney ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaints 5 d ?Q V TM.} (Yj n,a C --o A fl iT 01-6 u , LINDA AND FRED LANGER, Plaintiff V. ANGELA FINLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO- 06 -,2019 lCIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this 31" day of n?a. A , 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT: .70,v Kara W. Haggerty, Esquire, For the Plaintiff !r? Angela Finley, 274 West Ridge Street, Carlisle, PA 17013, prose Defendant - J• f"..1 ,..,,j ? "8° i i a . ? t'E? ??":. - __ GJ .Y_ 1 i ? ??. _;. _.s .?--. ?. ?-: r OM & KLTULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 LINDA AND FRED LANGER, Plaintiff V. ANGELA FINLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.Qg'??jlq L CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between LINDA AND FRED LANGER, (hereinafter referred to as "Maternal Grandparents' and ANGELA FINLEY, (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural grandparents and parent of one (1) child, namely SKYLAR DEVAN GUMBY, born December 9, 1993, (hereinafter referred to as "Child'; WHEREAS, Linda and Fred Langer are adult individuals currently residing at 90 Country View Estates, Newville, Cumberland County, Pennsylvania; WHEREAS, Angela Finley is an adult individual who is planning to commit herself for mental health treatment in the near future; WHEREAS, the Child's father is Marcus Eugene Gumby, Jr., who is presently incarcerated in a State Correctional Facility for an unknown amount of time, and is physically unable to exercise custody of the Child; and, WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Maternal Grandparents shall have sole legal custody of the Child, Skylar Devan Gumby, born December 9, 1993. Maternal Grandparents shall have the right to make all major emergency and non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, Maternal Grandparents shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records. Maternal Grandparents shall be entitled to full participation in all educational and medical/ treatment planning meetings and evaluations with regard to the minor child. Maternal Grandparents 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 records, birth certificates, school or educational attendance records or report cards. Additionally, Maternal Grandparents shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to- school nights, and the like. 2. Maternal Grandparents shall have primary physical custody of the Child. 3. Mother shall exercise partial physical custody of the Child at such times as the parties may agree and under such circumstances or conditions as approved by Maternal Grandparents. 4. The parties agree to notify the other of any change in living arrangements, to include a change of address or a change of persons living at the residence, immediately upon a change becoming known. 5. Neither party shall do anything which may estrange the Child from the other parry, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. Furthermore, neither parry shall include the Child in any decision-making regarding custody of the Child. 6. 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. 7. 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, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. S. 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. 9. 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: D Date LINDA LANGER Date D LANGER nj? Date ANG LA FINLEY nr r? 6'T7 171 OM & &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 LINDA AND FRED LANGER, Plaintiff . V. ANGELA FINLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2019 CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between LINDA AND FRED LANGER, (hereinafter referred to as "Maternal Grandparents' and ANGELA FINLEY, (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural grandparents and parent of one (1) child, namely SKYLAR DEVAN GUMBY, born December 9, 1993, (hereinafter referred to as "Child'; WHEREAS, Linda and Fred Langer are adult individuals currently residing at 90 Country View Estates, Newville, Cumberland County, Pennsylvania; WHEREAS, Angela Finley is an adult individual currently residing at 29 South East Street, Carlisle, Cumberland County, Pennsylvania; WHEREAS, the Child's father is Marcus Eugene Gumby, Jr., who is presently incarcerated in a State Correctional Facility for an unknown amount of time, and is physically unable to exercise custody of the Child; and, WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother shall have sole legal custody of the Child, Skylar Devan Gumby, born December 9, 1993. Mother shall have the right to make all major emergency and non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, Mother shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records. Mother shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Mother 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 records, birth certificates, school or educational attendance records or report cards. Additionally, Mother shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the Child. 3. Neither party shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. Furthermore, neither party shall include the Child in any decision-making regarding custody of the Child. 4. 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. 5. 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, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 6. 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. 7. The parties acknowledge that they have read and understand the provisions of this Agreement Each parry 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. Date LINDA LANGER Date FREIIJ GE Date ANG? FINLEY WITNESSETH: r-: C. ? 1 , LINDA AND FRED LANGER, Plaintiff V. ANGELA FINLEY, Defendant AUG 2 1 200ep? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2019 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z7' day of AS 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT: Ke Hess, J. Distribution: Xa W. Haggerty, Esquire, For the Plaintiffs /ngela Finley, 29 South East Street, Carlisle, PA 17013, Pro Se Defendant w ?i iE a 0 f) i?""1