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HomeMy WebLinkAbout08-5614d Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff TODD A. DEAVOR, Plaintiff V. THERESA M. DEAVOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5(o14 C?v T + : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at 717- 780-6624. 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. TODD A. DEAVOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. D Sr- SL l q w?.1 e..«- THERESA M. DEAVOR, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Todd A. Deavor, by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully represents as follows: 1. The Plaintiff is Todd A. Deavor, an adult individual who resides at 2207 Brunswick Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Theresa M. Deavor, an adult individuals who resides at 163 Juniper Way, Dillsburg, York County, Pennsylvania, 17019. 3. The Plaintiffs are seeking shared legal and physical custody of the following child: Name Date of Birth Age Kaylee Deavor 6/23/98 10 4. The child is presently in the physical custody of both parties as per the Custody Agreement attached hereto as Exhibit A. The child was born in wedlock. 5. The natural mother of the child is the Defendant, Theresa M. Deavor, currently residing at 163 Juniper Way, Dillsburg, York County, Pennsylvania, 17019. Her marital status is single. 6. The Plaintiff, Todd A Deavor, is the natural Father of the child, currently residing at 2207 Brunswick Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. His marital status is married. 7. The relationship of the Plaintiff to the child is that of natural Father. Plaintiff currently resides with his wife, Charlene Deavor. 8. The relationship of the Defendant to the child is that of natural Mother. The Defendant currently resides with the parties child, Kaylee Deavor. Plaintiff has not participated as a party or witnesses or in another capacity in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of the custody proceedings of the child pending in a Court of this Commonwealth. 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 the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff and Defendant have the ability to share the care giving of the child and are able to provide the child with consistent and loving care. b. Plaintiff and Defendant are willing and able to continue to provide proper care and supervision of the child. C. Plaintiff and Defendant can provide a stable and loving environment to the child. 10. Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. 11. The parties have signed a Stipulation for Custody wherein the parties share legal and physical custody of the child. WHEREFORE, Plaintiff requests the Court to grant shared physical and shared legal custody of the child to the parties and enter the attached Stipulation for Custody as an Order of Court. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: j ld ar By: Todd A Deavor EXHIBIT A ' t t? w Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff TODD A. DEAVOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. THERESA M. DEAVOR, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT is made and entered into between THERESA M. DEAVOR and TODD A. DEAVOR, hereinafter referred to as Mother and Father. The parties are the natural parents of Kaylee Deavor, born 6/23/98. The parties desire to confirm the custody arrangements under which they have been operating since their separation in 2003, as follows: 1. The parties shall share legal custody of the child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education and religion. 2. The parties shall equally share physical custody of the child under the following schedule: a. The child shall be with Mother every week on Monday from after school/daycare until Wednesday after school/daycare. b. The child shall be with Father every week on Wednesday from after school/daycare until Friday after school/daycare. C. Each parent shall have the child on alternating weekends from Friday after school/daycare until the following Monday after school/daycare. 3. The parties shall share the holidays of New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas, as per their agreement. In the event that the parties cannot agree as to a holiday schedule, a holiday shall begin at 10:00 a.m. and end at 7:00 p.m. on the actual holiday. The holidays shall rotate such that the parties shall have the child on different holidays each year, beginning in 2008 as attached on Exhibit A. 4. The parties shall alternate the child's birthday such that Mother shall have the child in odd years and Father shall have the child in even years. 5. The child shall always be with Father on Father's Day and with Mother on Mother's Day. The holiday begins at 10:00 a.m and ends at 7:00 p.m. 6. A major holiday schedule always supercedes a regularly scheduled period of physical custody. In the event of a holiday that falls on a Monday and it is a parent's regularly scheduled weekend and that parent's holiday to be with the child, the parties agree to split the Monday holiday so that each parent shall have time with the child on said holiday. Other school holidays and days off (i.e. Act 90 day, spring break, etc.), will be discussed and agreed upon by both parties. 2 7. The child shall be with each parent for two non-consecutive weeks of vacation every year. The parties shall give each other 60 days written notice of their intention to exercise this provision. 8. Neither parent shall relocate more than 20 miles from the current residence without the written consent of the other parent. If a parent desire to relocate, he/she shall give the other parent 60 days written notice of his/her intention to do so. 9. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 10. Both parties shall refrain from making derogatory comments about the other parry in the presence of the minor child. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 11. Both parties shall allow the child liberal phone and email contact with the non-custodial parent during his/her custodial periods. 12. Time to time it may be in the best interest of the children to deviate from the terms of this agreement. If a deviation is requested by a parent, then the other parent's concurrence must be sought. In the event that the other parent does 3 not concur with the request for a deviance, then the terms of the Custody Order govern. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the day of 2008. Witness Teresa M. Dear Witness Todd A. Deavor 4 3/21/08 Friday Good Friday Mother's day of the week and Mother's weekend 3/23/08 Sunday Easter Mother's weekend 5/11/08 Sunday Mother's Day Father's weekend (We adjust) 5/26/08 Monday Memorial Day Mother's day of the week and Father's weekend 6/15/08 Sunday Father's Day Mother's weekend (We adjust) 6/23/08 Monday Kaylee's Birthday Mother's day of the week and Father's weekend 7/04/08 Friday 4th of July Fa+k-A - day of the week and Father's weekend 'rev/?Ab 9/01/08 Monday Labor Dar day of the week and Fa ther's weekend -rR-a/ 11 /27/08 Thursday Thanksgr's day of the week and Father's weekend 12/25/08 Thursday Christm er's day of the week and Father's weekend I OrvOS EXHIBIT A C'? c°. a U00 , N 0 91 cn r? 1 -13 N ?s A Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff TODD A. DEAVOR, Plaintiff V. THERESA M. DEAVOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 52 /y? CIVIL ACTION - LAW IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT is made and entered into between THERESA M. DEAVOR and TODD A. DEAVOR, hereinafter referred to as Mother and Father. The parties are the natural parents of Kaylee Deavor, born 6/23/98. The parties desire to confirm the custody arrangements under which they have been operating since their separation in 2003, as follows: 1. The parties shall share legal custody of the child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education and religion. 2. The parties shall equally share physical custody of the child under the following schedule: a. The child shall be with Mother every week on Monday from after school/daycare until Wednesday after school/daycare. b. The child shall be with Father every week on Wednesday from after school/daycare until Friday after school/daycare. C. Each parent shall have the child on alternating weekends from Friday after school/daycare until the following Monday after school/daycare. 3. The parties shall share the holidays of New Year's Day, Easter, Memorial Day, July 4t', Labor Day, Thanksgiving and Christmas, as per their agreement. In the event that the parties cannot agree as to a holiday schedule, a holiday shall begin at 10:00 a.m. and end at 7:00 p.m. on the actual holiday. The holidays shall rotate such that the parties shall have the child on different holidays each year, beginning in 2008 as attached on Exhibit A. 4. The parties shall alternate the child's birthday such that Mother shall have the child in odd years and Father shall have the child in even years. 5. The child shall always be with Father on Father's Day and with Mother on Mother's Day. The holiday begins at 10:00 a.m and ends at 7:00 p.m. 6. A major holiday schedule always supercedes a regularly scheduled period of physical custody. In the event of a holiday that falls on a Monday and it is a parent's regularly scheduled weekend and that parent's holiday to be with the child, the parties agree to split the Monday holiday so that each parent shall have time with the child on said holiday. Other school holidays and days off (i.e. Act 90 day, spring break, etc.), will be discussed and agreed upon by both parties. 2 7. The child shall be with each parent for two non-consecutive weeks of vacation every year. The parties shall give each other 60 days written notice of their intention to exercise this provision. 8. Neither parent shall relocate more than 20 miles from the current residence without the written consent of the other parent. If a parent desire to relocate, he/she shall give the other parent 60 days written notice of his/her intention to do so. 9. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 10. Both parties shall refrain from making derogatory comments about the other parry in the presence of the minor child. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 11. Both parties shall allow the child liberal phone and email contact with the non-custodial parent during his/her custodial periods. 12. Time to time it may be in the best interest of the children to deviate from the terms of this agreement. If a deviation is requested by a parent, then the other parent's concurrence must be sought. In the event that the other parent does 3 not concur with the request for a deviance, then the terms of the Custody Order govern. IN WITNESS WHEREOF, and intending to be bound hereby, the parties f? have signed and sealed this Agreement on the day of v A , 2008. ?:r - - %AJAX Witness Theresa M. Dea Witness Todd A. Deavor 4 3/21/08 Friday Good Friday Mother's day of the week and Mother's weekend 3/23/08 Sunday Easter Mother's weekend 5/11/08 Sunday Mother's Day Father's weekend (We adjust) 5/26/08 Monday Memorial Day Mother's day of the week and Father's weekend 6/15/08 Sunday Father's Day Mother's weekend (We adjust) 6/23/08 Monday Kaylee's Birthday Mother's day of the week and Father's weekend 7/04/08 Friday 4th of July FaA- s day of the week and Father's weekend -r*'>/?Ab 9/01/08 Monday Labor Day wr , day of the week and Father's weekend r1+?/ 11/27/08 Thursday Thanksgi ing Father's day of the week and Father's weekend 12/25/08 Thursday Christm Day Father's day of the week and Father's weekend ?I EXHIBIT A cry ? ? ? r . ? - ? t ? ? ?-s . "?? ,_ ;'?? i ? i= ? ?? ?. --.' SEP 2 3 2008 6i Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff TODD A. DEAVOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS - 6(ol q 0,;v i t Term THERESA M. DEAVOR, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY ORDER AND NOW, this day of , 2008, it is hereby ORDERED that the attached Custody Agreement is made and entered an Order of this Court. Distribution: Marianne E. Rudebusch, Esq., 4711 Locust Ln., Hbg., PA 17109 ?eresa M. Deavor, ProSe, 163 Juniper Way, Dillsburg, PA 17019 (?Aar !LS in.7t 412410$ U >" N U-j aGC 'j: L? CT C ? Elm N -:?- _ lli. ?. L.f rr CL. C".i