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HomeMy WebLinkAbout04-1772DAVID P. CONNORS, JR., Plaintiff APRIL M. CONNORS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 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 served, 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 County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone 249-3166 or 1-800-990-9108 NOTIClA 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 enforma 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 de demanda. Usted puede perder diner<:) o sus pro- piedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone 249-3166 or 1-800-990-9108 ~andra L. Meilton / Attorney for Plaintiff TUCKER ARENSBERG. P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 DAVID P. CONNORS, JR., Plaintiff APRIL M. CONNORS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is David P. Connors, Jr., who resides at 413 Pitt Street, Enola, Cumberland County, PA. 2. Defendant is April M. Connors, who resides at 400 Boyer Street, Summerdale, Cumberland County, PA.. 3. Plaintiff seeks custody of Austin Connors, born August 17, 1997 and Alyssa Connors, born August 27, 2003. The children were not born out of wedlock. Custody of the children is shared legally and physically pursuant to a Stipulation signed by the parties which is being filed simultaneously with this Complaint. During the past five years, the children have resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) (Dates) Plaintiff, Defendant 539 Herman Avenue 1999 to 3/2001 and Austin Lemoyne, PA 17043 Plaintiff, Defendant Austin and Alyssa (DOB 8/27/03) 413 Pitt Street Enola, PA 17025 3/2001 to 3/14/04 Plaintiff, Austin 413 Pitt Street 3/14/04 to and Alyssa Enola, PA 17025 Present The mother of the children is April M. Connors, whose current residence is 400 Boyer Street, Summerdale, PA. She is married. The father of the children is David P. Connors, Jr., whose current residence is 413 Pitt Street, Enola, PA. He is married. Plaintiff currently resides with the following person: Name Amber Shumaker The relationship of Plaintiff to the children is that of natural father. The Relationship Friend 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: Name Relationship Jimmy Myers Friend Jimmy Myers' father Jimmy Myers' brother 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the children 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 children 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 Plaintiff and Defendant have set forth their agreement with regard to custody of the children in a written Stipulation and said document is being filed simultaneously with this Complaint requesting that the Order attached thereto be processed with the Court. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff request the court to grant custody of the children to the parties as set forth on their signed Stipulation filed with the Court simultaneously with this Complaint. 68025.1 TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, David P. Connors, Jr., acknowledge that the facts stated in the foregoing document are true and correct to the best of his knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. David P. Conn~s, Jr. /.~'~' Dated: DAVID P. CONNORS, JR., Plaintiff APRIL M. CONNORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 ~" /'112--- CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this I 2, ~ day of ~?~'l , 2004, David P. Connors, Jr., Plaintiff (hereinafter referred to as "Father"), together with his attorney, Sandra L. Meilton, and April M. Connors, Defendant (hereinafter referred to as "Mother"), hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their children, Austin Connors, born August 17, 1997 and Alyssa Connors, born August 27, 2003, and do hereby stipulate that the following is the substance of their agreement respectfully requesting that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation: 1. The parents shall share legal custody of the children and each parent shall consult with the other concerning all major decisions affecting the children, including but not limited to, health, education and religion. 2. Primary physical custody of the children shall be on the following schedule: a. During the summer months, the children shall be with their Father from ~ evening through Wednesday morninAg_and with their Mother from Wednesday morning through ~vening. b. During the school year, the children shall be with Father from Sunday evening through Friday morning and with Mother from Friday morning through Sunday evening. 3. The parents shall share the holidays as they mutually agree. 4. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 5. Neither pad7 shall permanently relocate outside the jurisdiction of Pennsylvania without a minimum notice of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 6. Both parents shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 7. The parties shall establish a no conflict zone, in order to better negotiate issues regarding their minor children. 8. It shall be understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. .~/~ DAVID P. CONNORS, JR., Plaintiff APRIL M. CONNORS, Defendant IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER AND NOVV, th,s day of the parties, it is HEREBY ORDERED AND DECREED that: , 2004, upon stipulation of 1. The parents shall share legal custody of tlhe children and each parent shall consult with the other concerning all major decisions affecting the, children, including but not limited to, health, education and religion. 2. Primary physical custody of the children shall be on the following schedule: a. During the summer months, the children shall be with their Father from Sunday evening through Wednesday morning and with their Mother from Wednesday morning through Sunday evening. b. During the school year, the chik'lren shall be with Father from Sunday evening through Friday morning and with Mother from Friday morning through Sunday evening. 3. The parents shall share the holidays as they mutually agree. 4. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 5. Neither party shall permanently relocate outside the jurisdiction of Pennsylvania without a minimum notice of sixty (60) days to the, other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 6. Both parents shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 7. The parties shall establish a no conflict ;,.one, in order to better negotiate issues regarding their minor children. 8. It shall be understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. BY T~T: 67507.1