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HomeMy WebLinkAbout04-1233SAMANTHA SPROWAL, Plaintiff RICHARD SPROWAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CWIL ACTION - LAW : IN CUSTODY ::NO. 04- I'~Y'~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Samantha Sprowal, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Certified Legal Intern ONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 SAMANTHA SPROWAL, Plaintiff RICHARD SPROWAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIV1L ACTION - LAW : CUSTODY : Oq- / : NO. CIV1L TERM COMPLAINT FOR CUSTODY The plaintiff, Samantha Sprowal, by her attorneys, the Family Law Clinic, sets forth the following action: 1. The plaintiff is Samantha Sprowal, residing at 38 S. Spring Garden St., Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Richard Sprowal, residing at 121 N. 3rd St., Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Shy Sprowal Present Residence 38 South Spring Garden Street Carlisle, PA 17013 Date of Birth March 7, 1997 The Child was bom in wedlock. The Child is presently in the custody of Samantha Sprowal, who resides at 38 S. Spring Garden St., Carlisle, Cumberland County, Pennsylvania. During the past five years, Child has resided with the following persons and at the following addresses: Persons Address Dates Samantha Sprowal 38 South Spring Garden Street Carlisle, PA 17013 April 2001 - present Samantha & Richard 38 South Spring Garden Street Sprowal Carlisle, PA 17013 birth - April 2001 The mother of the Child is Samantha Sprowal, hereinafter "Mother", currently residing at 38 S. Spring Garden St., Carlisle, Cumberland County, Pennsylvania. She is married. The father of the Child is Richard Sprowal, hereinafter "Father", currently residing at 121 North 3rd Street, Lemoyne, Cumberland County, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of Mother. She resides with the following persons: Name Relationship Shy Sprowal Daughter 5. The relationship of the defendant to the child is that of Father. He currently resides with the following persons: Name Relationship none known 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother 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 children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Mother has been the primary caretaker of the child since birth; b) Mother is best able to provide the child with a home with the necessary moral, emotional, and, physical surroundings to meet the child's needs; c) Mother is best able to provide the care and nurturing which the child needs for a healthy development; d) Mother continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; e) Mother is willing to encourage an ongoing relationship between the child and Father. 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 as parties to this action. WHEREFORE, Plaintiff requests the Court grant Mother primary physical custody and periods of partial physical custody with Father. ANNE MACDONALD- FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243 -2968 VERIFICATION I verify that the statements made in this Custody Complaint are tree and correct to the best of my personal knowledge and belief. I understand that false statements herein are made of 18 Pa.C.S. tms~n falsification orities. . subject to the penalties 4904, relating to toa~/t // (/ Samantha Sprowal, Plaintiff SAMANTHA SPROWAL PLAINTIFF V. PdCHARD SPROWAL DEFENDANT IN THE COURT OI? COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-1233 CIVIL ACTION LAW : : IN CUSTODY .ORDER OF COURT AND NOW, Monda),, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ltubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 16, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort 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 are five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a 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 hearinl~. FOR THE COURT, By: /s/ Hubert X. C~lroy, Esq, mhc Custody Concilialor 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 SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 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 A~'/iONOH!O~ ZHI SAMANTHA SPROWAL, Plaintiff RICHARD SPROWAL, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - ]LAW : CUSTODY NO. CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 2nd day of April 2004, between Samantha Sprowal (hereinafter "Mother"), and Richard Sprowal (hereinafter "Father"), concems the custody of their child, Shy Sprowal, born on March 7, 1997. Mother and Father desire to enter into an agreement regarding the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child according to the following custody schedule. A. Father shall have the child every other weekend from 5:00 pm on Friday until 5:00 pm on Sunday evening. Transportation for the custodial exchanges shall be provided by the parent receiving custody of the child. Father shall have two separate, one week periods of custody of the child during the summer. One week shall be in June and the other in July. Father shall give Mother 30 days notice of this custodial period. The holiday custody schedule shall supereede the aforementioned custodial schedule. A. Mother and Father shall have custody of the child on the following holidays according to the schedule described below. This schedule shall begin with the 2004 Easter Holiday: 1. Easter - Father shall have custody of the child from 6 pm until 9 pm on Easter Sunday. 2. Mother's Day - Mother shall have custody of the child on Mother's day. 3. Memorial Day - Father shall have custody of the child from 5 pm until the next morning. 4. Father's Day - Father shall have custody of the child on Father's Day. Father shall have the child until the next morning. 5. 4th of July - Father shall have custody of the child for the 4th of July. He shall have custody of the child until the next morning. 6. Labor Day - Father shall have custody of the child from 5 pm until 9:30 pm on Labor Day. 7. Mother's Birthday - Mother shall have custody of the child on September 10th. 8. Halloween - Mother shall have custody of the child on October 31 Mother shall also have custody of the child on the locally scheduled trick-or-treat night. 9. Thanksgiving - Father shall have custody of the child from 4 pm the day preceding the Thanksgiving holiday until 6 pm on Thanksgiving Day. 10. Father's Birth_~.X - Father shall have custody of the child on December 3rd. 11. Christmas - Mother shall have custody of the child from Christmas Eve until 4:00 pm on Christmas Day. Father shall have custody of the child from 4 pin on Christmas Day until the next morning. B. Mother shall have custody of the child on all other times not set out in the above schedule. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 6. Mother and Father shall keep one another advised of their current address and telephone number. 7. Neither Mother nor Father shall leave the state witlh the child without written consent from the other party. 8. Mother and Father shall notify each other of all medical care the child receives while in that parent's care. Father and Mother shall notify the other im~nediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 10. Mother and Father intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 11. Mother is represented by the Family Law Clinic. Father has been advised of his right to obtain legal counsel, but has decided to proceed in th~atter pro se. Father ~ Mother Mary Cl~,~o mb.Kult5 / Certified~Legal Intern ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968: SAMANTHA SPROWAL, Plaintiff RICHARD SPROWAL, Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CUSTODY : NO. 04-1233 CIVIL TERM AFFIDAVIT OF SERVICI~ I, Carolyn M. Femon, hereby certify that I am a competent adult and that I served a true and correct copy of the Complaint for Custody and Order of Cc,urt on the Defendant, Richard Sprowal at The Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013. Service was complete upon receipt by Richard Sprowal on the 2~a day of April, 2004. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. APR 1 4 2004 SAMANTHA SPROWAL Plaintiff RICHARD SPROWAL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-1233 CIVIL TERM ORDER ANDNOW, this !~(-~ dayof ~{)t; (,2004, the following Custody Agreement is approved and entered as an Order of Court. SAMANTHA SPROWAL, Plaintiff V RICHARD SPROWAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-123,3 : IN CUSTODY COURT ORDER AND NOW, this /~WCTday of April, 2004, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. Hubert X. Gilroy, E?~luire Custody Concilia~to~