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HomeMy WebLinkAbout00-05076IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAPP SHERI A. PECHART, Plaintiff V. JEFFREY K. PECHART, Defendant NO. 00 -50Tb IN CUSTODY COMPLAINT FOR CUSTODY Civil Term AND NOW comes the Plaintiff, SHERI A. PECHART, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is SHERI A. PECHART who currently resides at 4183 Cove Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY K. PECHART who currently resides at 1133 Laurel Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and legal custody of the following child: SPENSER PECHART, born June 26, 1990 4. The child was born in wedlock. He currently reside with the Plaintiff. 5. During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address With Whom birth-1991 Salem Park Circle Mechanicsburg, PA Plaintiff/Defendant parties' older daughter 1991-10/97 various residences in Mechanicsburg, PA and in Lewisberry, PA 10/97-12/98 6029 Edward Drive Mechanicsburg, PA 12/98-present 4183 Cove Court Mechanicsburg, PA Plaintiff/Defendant parties' older daughter Plaintiff/parties' older daughter/Plaintiff's mother/Plaintiff's brother Plaintiff/parties' older daughter 6. The father of the child is JEFFREY K. PECHART. He is married to Plaintiff. 7. The mother of the child is SHERI A. PECHART. She is married to Defendant. 8. The child currently reside with Plaintiff. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 11. The 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. 12. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical and legal custody. , Plaintiff requests this Honorable Court to grant her primary physical and legal custody of SPENSER. Respectfully submitted, Maryann bVirphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff VERIFICATION I, SHERI A. PECHART, verify that the statements made in the foregoing Custody Complaint are true 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. SHE *I A. P HART n IN THE COURT OF COMMON PLEAS OF CUMBERLAB CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff Vs. JEFFREY K. PECHART, Defendant COUNTY, PENNSYLVANIA NO. IN CUSTODY CERTIFICATE OF SERVICE Civil Term I, Maryann Murphy, Esquire, do hereby certify that on the day of 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant, JEFFREY K. PECHART, at the address set forth below, by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery. Jeffrey K. Pechart 1133 Laurel Avenue Camp Hill, PA 17011 Respectfully submitted, ft )-,k " &4-AAJ',-?? Maryann D rphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 C; ca ? c o _ -d g--3 v ? s 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff NO. ®0 - 50 rb Civil Term V. JEFFREY K. PECHART, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, SHERI A. PECHART, Plaintiff, to proceed in forma ap uneris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the parry proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Maryanfi Murphy, Es Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff V. NO. ©Q - ,5 © r b Civil Term IN CUSTODY JEFFREY K. PECHART, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am SHERI A. PECHART, the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: SHERI A. PECHART Address: 4183 Cove Court, Mechanicsburg, PA 17055 (b) Social Security Number: 177-60-4085 If you are presently employed, state N/A Employer: Address: Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: 12/99 Salary or wages per month: $8.50 per hour Type of work: Receptionist (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: Dividends: Pension and annuities: Social Security benefits: -0- Support payments: $866.00 Disability payments: -0- Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support N/A If your (husband) (wife) is employed, state (Husband)(wife) Name: Employer: Salary or wages per month: N/A Type of work: Contributions from children: -0- (e) Property owned Cash: Checking Account: Savings Account: $8.00 Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Chevrolet Year 1986 Cost $3.500.00 Amount owed -0- Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $635.00 Loans: Monthly Expenses: $1.200.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Amanda Age: Name: Spencer Age: 9 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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 unworn falsification to authorities. Date: (a -I-aepQ SHE A.PECHART C-) c) o I'D 77 J' L: .. a i 'L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff No. Day 50 ty b CIVIL TERM V. JEFFREY K. PECHART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 07d day of 2000, upon presentation of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody and partial custody with respect to the minor child, SPENSER PECHART, born June 26, 1990, is awarded as follows: 1. MOTHER shall have primary physical and legal custody of the minor child. 2. During the school year from the third (3rd) Thursday in August until the second (2nd) Monday in June, FATHER shall have partial physical custody of the minor child on alternating weeks from Thursday at 5:00 p.m. until Saturday at 5:00 p.m. The parents acknowledge that these days may change depending upon FATHER's work schedule. 3. FATHER shall have the minor child during the summer months from Thursday at 5:00 p.m. until Saturday at 5:00 p.m. until he has a residence of his own. The parents acknowledge that these days may change depending upon FATHER's work schedule. As soon as FATHER has his own residence, his summer custody shall be from the second (2°d) Monday in June until the third (3`d) Thursday in August, during which time MOTHER shall have the minor child on alternating weeks from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 4. Each parent shall have two (2) weeks of summer custody with the minor child every year. These weeks need not be consecutive. The parents shall give each other written notice of their chosen weeks of summer custody by June 151 each year, if possible. In the event that both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. The Christmas holiday shall be divided into two (2) segments and shall be alternated between the parents each year. Segment "A" shall be from noon on Christmas Eve until 10: 00 a.m. on Christmas Day. Segment "B" shall be from 10:00 a.m. until 8:00 p.m. on Christmas Day. In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 6. Both parents shall permit reasonable telephone access between the child and each of his parents. MOTHER and FATHER shall each provide the other with a current address and phone number. Neither parent shall make derogatory comments about the other parent in the presence of the child, nor shall they allow third parties to make derogatory comments about the other parent in the presence of the child. 8. By mutual consent of the parents, a revised schedule may be agreed upon between them for and in the best interests of the minor child. 9. This Order shall replace and supercede any and all prior Orders of Court or agreements of the parties. 10. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: k4 I 4a 7' 2y?'-o i ?3 1.-:? ' e? 1? .. ,. :. •. .. ? ,? r?? iv ?•, _i\ir i'f ?r i'V ? ti• !I 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff V. JEFFREY K. PECHART, Defendant No. DO -5 © Y6 : IN CUSTODY CIVIL TERM STIPULATION FOR ENTRY OF A CUSTODY ORDER SHERI A. PECHART (hereinafter referred to as "MOTHER"), and JEFFREY K. PECHART (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to their child: SPENSER PECHART, born June 26, 1990, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody and partial custody of SPENSER as follows: 1. The parents agree that MOTHER shall have primary physical and legal custody of the minor child. 2. The parents agree that during the school year from the third (3`d) Thursday in August until the second (2"d) Monday in June, FATHER shall have partial physical custody of the minor child on alternating weeks from Thursday at 5:00 p.m. until Saturday at 5:00 p.m. The parents acknowledge that these days may change depending upon FATHER's work schedule. 3. The parents agree that FATHER shall have the minor child during the summer months from Thursday at 5:00 p.m. until Saturday at 5:00 p.m. until he has a residence of his own. The parents acknowledge that these days may change depending upon FATHER's work schedule. As soon as FATHER has his own residence, his summer custody shall be from the second (2"d) Monday in June until the third (3`d) Thursday in August, during which time MOTHER shall have the minor child on alternating weeks from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 4. The parents agree that each shall have two (2) weeks of summer custody with the minor child every year. These weeks need not be consecutive. The parents shall give each other written notice of their chosen weeks of summer custody by June 151 each year, if possible. In the event that both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. The parents agree that they shall divide the Christmas holiday into two (2) segments and alternate them each year. Segment "A" shall be from noon on Christmas Eve until 10: 00 a.m. on Christmas Day. Segment "B" shall be from 10:00 a.m. until 8:00 p.m. on Christmas Day. In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 6. Both parents agree to permit reasonable telephone access between the child and each of his parents. MOTHER and FATHER shall each provide the other with a current address and phone number. MOTHER and FATHER agree that neither shall make derogatory comments about the other parent in the presence of the child, nor shall they allow third parties to make derogatory comments about the other parent in the presence of the child. 8. The parents agree that, by their mutual consent, a revised schedule may be agreed upon between them for and in the best interests of the minor child. 9. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Date Witness SHERH W. PECHART -/7 00 Date r o ,) c. c7 (Tr, ;-r