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HomeMy WebLinkAbout04-0939CHRISTINE M. CALAMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA _. Civil Action At Law VS. JEFFERY P. CALAMAN, Defendant, Case No. -- q2 ? COMPLAINT FOR CUSTODY 1. The plaintiffis Christine M. Calaman, suijrnis, residing at 377 York Road, 17013 Carlisle, in the County of Cummberland, Commonwealth of Pennsylvania 2. The defendant is Jeffery P. Calaman, suijuris currently residing at 1936 B Fry Loop Ave. Carlisle, 17013, County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address ARe Cody M. Calaman same address 10/24/91 12 as mother Aja M. Calaman same address 5/1/95 8 as mother 4. Cody M. Calaman was born out of wedlock and Aja Calaman born within wedlock. 5. The children are presently in the custody of Christine Calaman, who resides at 377 York Road, 17013 Carlisle, in the County of Cummberland, Commonwealth of Pennsylvania 6. During the past 2 years the children have resided with the plaintiff, Christine Calaman at 443 B Street, Carlisle, PA. 17013 and 377 York Road, 17013 Carlisle, in the County of Cummberland, Commonwealth of Pennsylvania. 7. The biological mother of the children is Christine M. Calaman, currently residing at 377 York Road, 17013 Carlisle, in the County of Cummberland, Commonwealth of Pennsylvania. 8. The mother is currently divorced from the father, and defendant and is currently Remains unmarried. 9. The father of the children is Jeffery P. Calarnan, who resides at 1936 B Fry Loop Ave. Carlisle, 17013, County of Cumberland, Commonwealth of Pennsylvania. 10. The relationship of the plaintiff to the children is that of a biological mother. The plaintiff currently resides with the following persons: Name Relationshil~ Both Children 11. The 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. 11. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. 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. 13. The best interest of the child and permanent welfare of the children will be served by granting the relief requested because: (a) The plaintiff mother, has been the primary caretaker and caregiver of the children and has provided the requisite level of love, support, attention, affection and nurturing and has done so by attending to their physical, psychological, and emotional needs for over 2 years. (b) The children currently resides with his mother in the home where they feel a sense of comfort, permanency, and familiarity. (c) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the children have become accustomed and that will be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, Christine M. Caiman, respectfully requests for the aforementioned reasons, that the court grant and award Primary Physical custody of the children to plaintiff. GREGORY S. HAZLETTT /~Iechanicsburg, PA. 17055 (717) 790-5500 VERIFICATION I verify that the statements made in this Complaint are tree 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. Christine M. Calaman,Plaintiff CHRISTINE M. CALAMAN PLAINTIFF JEFFERY p. CALAMAN DEFENDANT N FIlE COUR~I OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04~939 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Wednesday~ March I0, 2004 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda~, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday,__.___Apri107, 2004 ........ at I0:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to apt>ear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT~ By: /s/ Dawn S~itnd, gy.,~sq, ga Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SIlOULD TAKE TIlIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'IS7ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTINE M. CALAMAN, Plaintiff, Vo JEFFREY P. CALAMAN Defendant Civil Action - Custody ~TIPIII ,ATION FOR ENTRY OF AN AGREED ()RDER OF C, IIgTODY THIS STIPULATION AND AGREEMENT entered into thisbe, day of Ti/.,l~}l~_, 2004, by and between, Christine M. Calaman (hereinafter referred to as ("Mother") and Jeffrey P. Calaman (hereinafter refereed to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following children, by the names of Cody M. Calaman and Aja M. Calaman, (hereinafter referred to as"Children"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the children. 2. The parties shall have JOINT LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the children, which shall consist of the following schedule as hereinafter outlined. (a) Father shall have custody of the children on every other weekend commencing at Friday after school and ending on the same weekend at Sunday 6:00 p.m. (b) Father shall provide all forms of transportation relative to his periods of custody. (c) Mother shall have custody of the children at all other ti~nes that the children are not in father's custody as outlined above. (d) Both parents shall have two (2) non-consecutive weeks with the children for the purpose of summer vacation and each party must provide to the other at least thirty (30) days advance notice of the period of custody during the summer that they choose. (e) The Easter holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (f) The Christmas holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (g) The Thanksgiving holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (h) All other holidays shall be shared between the parties as they may agree based on their respective schedules.. (i) Mother shall have custody of the child at all other times that the children are not within the father's custody per the terms and conditions of this agreement. (j) The holidays shall take precedence over the regular periods of custody with the children. (k) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (l) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (m) The parties hereto intend to be legally bound by the terms of this agreement. (n) The parties shall at a future date discuss the issue of expanding the father's custody rights to provide more periods of custody with the children as the mother may agree. GREGORY S. HAZLETT ATTORNEY AT LAW ~ecl~aStn~urg, pin Strew. 17055 (717) 790-5500 IN W];Ih'~SS WHEREOF, the partie~ hereto, intending to be legally bound by the terms hereof, set fo~th~z~,hands and se~_~ 7~ar herein set forth. (._~-tghr~'s~"ne M. Calaman cOMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this ~' day of,~E~:~ .~ 2004 personally appeared before me the Subscriber, a Notary Public for the State and E'ounty aforesaid, Christine M. Calaman party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid NOTARIAL SEAL DARCIE A NELL, Notary Public Carlisle, ~3umberland County My Commission Expires Nov 24 2005 Notary Public IN WII:NE~ VOt~REOF, J/~e partjes~ier~to, intending to be legally bound by the terms hereof, set ~h~hei~,~t~n~d seals ll~ day~d~d_~'gj~herein set forth. L~OMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : s.s ~ BE IT REMEMBERED, that on this Z/x~ , day of~. ~ , 2004 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Jeffrey P. Calaman party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid NOTARIAL SEAL ] DARCIE A. NELL, Notary Public / Carlisle, Cumberland County / _~y Comrniaeion ~pires Nov. 24, 20_05/ Notary Pubhc ~ CHRISTINE M. CALAMAN Plaintiff VS. JEFFERY p. CALAMAN Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA 04-939 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this ~8m~ day of June ,2004, the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinqu/shes jurisdiction. The custody conciliation conference scheduled for today is cancele& FOR THE COURT, Dawn S. Sunday, Esqu~ Custody Conciliator dUN 1 0 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTINE M. CALAMAN, Plaintiff, Vo JEFFREY p. CALAMAN Defendant No. 04-939 Civil Action - Custody ORDER OF COURT AND NOW, this 1'~ ~ , dayof_~ a- ,2004 upon presentation of the foregoing Stipulation For Entry of an Agreed Ordger of Custody, executed by and between Christine M. Calaman, (mother) and Jeffrey P. Calaman, (father) relative to the custody of the children: Cody M. Calaman and Aja M. Calaman (hereinafter referred to as children) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody o£the aforementioned child. 1. The mother shall have PRIMARY PHYSICAL CUSTODY' of the children. 2. The parties shall have JOINT LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the children, which shall consist of the following schedule as hereinafter outlined. (a) Father shall have custody of the children on every other weekend commencing at Friday after school and ending on the same weekend at Sunday 6:00 p.m. (b) Father shall provide all forms of transportation relative to his periods of custody. (c) Mother shall have custody of the children at all other times that the children are not in father's custody as outlined above. (d) Both parents shall have two (2) non-consecutive weeks with the children for the purpose of summer vacation and each party must provide to the other at least thirty (30) days advance notice of the period of custody during the summer that they choose. (e) The Easter holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (1) The Christmas holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (g) The Thanksgiving holiday shall be shared equally as between the mother and father relative to their periods of custody with the children. (h) All other holidays shall be shared between the parties as they may agree based on their respective schedules.. (i) Mother shall have custody of the child at all other times that the children are not within the father's custody per the terms and conditions of this agreement. (J) The h°lidays shall take precedence over the regular periods of custody with the children. (k) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (1) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist tha~I the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (m) The parties hereto intend to be legally bound by the terms of this agreement. (n) The parties shall at a future date discuss the issue of expanding the father's custody fights to provide more periods of custody with the children as the mother may agree. Dated: