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HomeMy WebLinkAbout09-2385 GERALD J. SHEKLETSKI, ESQ ATTORNEY ID NO. 40486 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JEREMY S. CADWALLADER, Plaintiff V. JENNIFER E. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. COMPLAINT FOR CUSTODY 1. The plaintiff is JEREMY S. CADWALLADER, an adult individual, residing at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is JENNIFER E. YOUNG, an adult individual, currently residing at 9 Rockaway Drive, Cumberland County, Camp Hill, Pennsylvania, 17011. 3. Plaintiff seeks primary custody of ABIGAIL J. CADWALLADER, born October 2, 2004, age four (4), who resides at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. The child was born out of wedlock. The child is primarily residing with Father who resides at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. The child spends fifty (500) percent of her time with Father and fifty (50%) percent of her time with Mother. I Since the birth of the child, the child following persons and at the following addresses NAME ADDRESS Plaintiff and Defendant 272 North Middlesex Rd. Carlisle, PA has resided with the DATES birth to July 24, 2007 when Defendant moved out Plaintiff 272 North Middlesex Rd. July 25, 2007 to Carlisle, PA current The mother of the child is JENNIFER E. YOUNG, currently residing at 353 Crossroad School Road, Newville, Cumberland County, Pennsylvania, 17241. She is single. The father of the child is JEREMY S. CADWALLADER, who resides at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. He is single. The parties were never married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: NAME RELATIONSHIP none I 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: NAME Paul L. Stone Joyce Stone RELATIONSHIP Paternal grandfather Maternal grandmother 6. 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. Plaintiff has no information of a custody proceeding concerning 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 respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the father since birth who has provided a continuous living relationship with the child; (b) The father is able to provide a stable home and family type environment for the child, allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties have arranged between themselves. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the Court to grant primary physical custody of the child to him and partial physical custody to the Defendant. D a t e : YI-,-31-o 7 STONE LaFAVER & SHEKLETSKI GGERAO J. SHEKLETSKI, ESQUIRE Supreme Court I.D. 40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone: (717) 774-7435 Attorneys for Plaintiff V E R I F I C A T I O N JEREMY S. CADWALLADER states that he is the Plaintiff named in the foregoing instrument and.that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ?'CADWALLADER `/?L Date: FILED OF THE FFn" ?TRf?Y 2009 APR 15 PH i 14 QA A77-4 41(o 5 or* a.4 arlsa JEREMY S. CADWALLADER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2385 CIVIL ACTION LAW JENNIFER E. YOUNG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 22, 2009 at 8:30 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. 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' hearing. FOR THE COURT, By: /s/ john . Man an r. Es q. 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 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 OF TFE ;AMY 2009 APR 21 F 12: 16 w F:\DOCS\FL\CUST\Cadwallader.Jeremy-Agreemer.t.wpd 0?1951' THIS AGREEMENT, made this 3 day of &.1 , 2009, by and between JEREMY S. CADWALLADER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Father") and JENNIFER E. YOUNG, of Cumberland County, Pennsylvania, (hereinafter referred to as "Mother"). W I T N E S S E T H: WHEREAS, Father and Mother are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain diverse unhappy differences that have arisen between the parties hereto have made them desirous of continuing to live separate and apart from one another; WHEREAS, there was one child born out of wedlock, ABIGAIL J. CADWALLADER, born October 2, 2004, currently four (4) years old; WHEREAS, it is the intention and purpose of this agreement to set forth the respective custody and visitation rights and duties of the parties while they continue to live apart from each other; and WHEREAS, the parties hereto have mutually agreed to enter into an agreement for.the custody and visitation of ABIGAIL J. CADWALLADER and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the mutually made and to be kept promises set forth herein and for other -1- good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal represen- tatives, hereby covenant, promise, and agree as follows: 1. Except as provided herein, Father shall have primary physical custody of ABIGAIL J. CADWALLADER subject to such reasonable temporary custody and visitation rights of Mother. The parties shall share legal custody of ABIGAIL J. CADWALLADER. Each party agrees to keep the other apprised of important matters relating to the child's health, education, welfare, and activities. The parties further agree that each shall have the equal access to information concerning the child. 2. The parties agree on the following visitation schedules for the child: A. Weekends. On alternating weekends, Mother shall have custody of ABIGAIL J. CADWALLADER beginning Friday evening at 7:00 p.m. and continuing until 7:00 p.m. on Sunday evening. The parties stipulate and agree that the alternating weekend visitation schedule shall operate so that the child shall spend a weekend with Mother and the following weekend with Father and so on. The parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. Should it become necessary for the parties to trade custody weekends, those weekends will change, however, the parties will always revert back to the original custody schedule for the remaining weekends. -2- B. Summer Vacations. Mother shall have the right to custody of ABIGAIL J. CADWALLADER for a minimum of two and a maximum of three weeks during summer vacation which weekly visitation need not be for consecutive weeks. Mother and Father shall discuss and agree, thirty (30) days ahead of the scheduled time as to which weeks Mother shall have custody of the child and which weeks Father shall have custody of the child during summer vacation. C. Holidays. I. Thanksgiving: The parties agree to alternate custody of the child on an annual basis for Thanksgiving. Father shall have custody of the child beginning after work on the Wednesday before Thanksgiving Day, through 3:00 p.m. on Thanksgiving Day, every odd year thereafter, and from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day every even year thereafter. Mother shall custody of the child beginning at 7:00 p.m. on the Wednesday before Thanksgiving Day, every even year thereafter, through 3:00 p.m. on Thanksgiving Day, and from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day every odd year thereafter. II. Christmas: The parties agree to alternate custody of the child on an annual basis for the Christmas holiday season. a. Mother shall have custody of the child from 12:00 p.m. December 25 through 12:00 p.m. December 26, and every subsequent time period during every even year thereafter. Father shall have custody of the child from 12:00 p.m. December 25 through 12:00 p.m. -3- December 26, and every subsequent time period during every odd year thereafter. b. Father shall have custody of the child from 12:00 p.m. on December 24, through 12:00 p.m. on December 25, and every subsequent time period during every even year thereafter. Mother shall have custody of the child from 12:00 p.m. on December 24, through 12:00 p.m. on December 25, and every subsequent time period during every odd year thereafter. III. Other holidays: a. The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. In the event that any holiday discussed in this section of the agreement falls on a weekend, the holiday schedule will take precedents over the normal custody schedule. b. Mother shall have custody of the child on every Mother's Day. Father shall have custody of the child on every Father's Day. C. Father shall custody of the child for every Labor Day in an even year. Mother shall have custody of the child for every Labor Day in an odd year. -4- d. Father shall have custody of the child for every Memorial Day in an odd year. Mother shall have custody of the child for every Memorial Day in an even year. e. Father shall have custody of the child for every Fourth of July in an even year. Mother shall have custody of the child for every Fourth of July in an odd year. f. Father shall have custody of the child every Easter Sunday in odd years from 9:00 a.m. through 7:30 p.m. Mother shall have custody of the child every Easter Sunday in even years from 9:00 a.m. through 7:30 p.m. g. Father and Mother shall discuss an agreement on a custody schedule for the child at least two weeks prior to any holiday not specifically mentioned in the agreement including, but not limited to, the child's birthdays and each parties respective birthdays. Each parent shall have custody of the child on their respective birthday. It is the intent of the parties to establish a birthday schedule that allows each of the parties to spend time with the child on his birthday. Once a schedule is established for any particular holiday, custody of the child shall alternate between Father and Mother according to that same schedule. h. It is the intent of the parties that transpor- tation of the child between parties for all purposes, and especially custody purposes, shall be as flexible and accommodating as possible. -5- 3. Miscellaneous. A. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. B. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County or in such other appropriate court. C. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. D. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his -6- i or her obligations under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. E. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the nonbreaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the nonbreaching party may incur including, but not limited to, filing fees and reasonable attorney's fees, in any action or proceeding to enforce the terms of this agreement. F. This agreement shall survive any action for custody and shall forever be binding upon the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this agreement by either Father or Mother until it shall have been fully satisfied and performed. The consideration for this agreement is the mutual benefits to be obtain by both of the parties hereto in the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties and the parties intend to be legally bound hereby. 4. Advice of Counsel. This agreement has been fully explained to each party by that party's attorney. Father has been represented by Gerald J. Shekletski, Esquire, and Mother is not represented by an -7- attorney. Mother has been advised that she is not represented by Father's attorney and that should she so desire, she must seek out an independent attorney, to represent her in the negotiation and preparation of this agreement. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. IN WITNESS WHEREOF,the have set their hands and seals the day and year first above written. Signed, Sealed, and Delivered in the Presence of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (SEAL) On this, the d-) day of _A j 2009, before me the undersigned officer, a Notary Public, personally appeared, JEREMY S. CADWALLADER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 0 rr? ?,M Notary Public 2 2 9 12M &Z :NN YL ANIA -8- A. MEMW Pda N?tr q for C0. Ebopi?N I Signed, Sealed, and Delivered in the Presence of G COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND b 1?1, kip V--' (SEAL) JEN I ER E. YO On this the a2 day of 1A-- ' 2009, before me the undersigned officer, a Notary Public, personally appeared, JENNIFER E. YOUNG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public commow **TATH NSY,?LVANIA A MEARQ& lu cum -9- rlLEt.}."C ~ tW OF THC r 2009 P1AY - I PH, 3: 3 ? N TV ?L i F:\LOCS\FL\CUST\Cadwallader.Jeremy - Order entering Agreement.wpd MAY 0 4 20096 GERALD J. SHEKLETSKI, ESQ ATTORNEY ID NO. 40486 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JEREMY S. CADWALLADER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY JENNIFER E. YOUNG, NO. Defendant ORDER AND NOW, this day of ?..? 2009, upon consideration of the foregoing motion, the Custody Agreement for Minor Child between the parties dated April 27, 2009, and attached thereto is hereby incorporated into the above captioned action and Imade an Order of Court. BY THE COURT: ? c of 1 W10715 ,lf5sl 1. ''',. -1 -" 0 l 4h 10\00 9 .1. ]Coo