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HomeMy WebLinkAbout09-4275ERIC S. WARREN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW oq- y? 7 S DONNA M. WARREN, NO. CIVIL TERM Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Eric S. Warren, an adult individual currently residing at 920 North Calvert Street, Unit 1, Baltimore, Baltimore County, Maryland. 2. Defendant is Donna M. Warren, an adult individual currently residing at 102 Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Georgia Hall Warren, born May 26, 2000. The child was not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Mother 102 Hollar Avenue Shippensburg, PA 17257 On or about March 24, 2009 to Present Mother and Father 102 Hollar Avenue Birth to on or about Shippensburg, PA 17257 March 24, 2009 The natural mother of the child is Donna M. Warren, who resides as aforesaid. She is married. The natural father of the child is Eric S. Warren, who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his significant other, Stephanie Klein. 6. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with the child at issue. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because the child will benefit from a relationship with both parties. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 11. A Custody Stipulation and Agreement is being filed contemporaneously with the filing of this Custody Complaint. WHEREFORE, Plaintiff requests your Honorable Court enter as an Order the Custody Stipulation and Agreement that is being filed contemporaneously with the filing of this Custody Complaint whereby the parties share legal custody and Defendant, Mother, is granted primary physical custody of the child and Plaintiff, Father, is granted partial physical custody of the child. Respectfully submitted, Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: (? - d - d Cf? --- ERIC S. WARREN, Plaintiff ? 71f ?` n • ck 6? "&/ ,?? aa7?7a 1)4 e-"-4 . /??. ? i 6.1 - 3 7/p ERIC S. WARREN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. WARREN, : NO. © 9-- y 11 S CIVIL TERM Defendant : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Eric S. Warren, (hereinafter referred to as "Father") and Donna M. Warren, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Georgia Hall Warren, born May 26, 2000 (hereinafter referred to as "Child"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share legal custody of the child. 2. Mother shall exercise primary physical custody of the child. 3. Father shall exercise partial physical custody of the child as follows: A. During the school year: i. One evening a week, for a minimum of five (5) hours, with the specific day and time to be agreed upon by the parties no later than the Sunday prior to the start of the week. In general, Father shall exercise custody on a Tuesday or Wednesday as per his current work schedule; an4 Q1'1 S eha ev,,. t ii. Every other weekend from after school on Friday to Sund y at 7:00 p.m. B. During the summer: i. For each of the months of June, July and August, Father shall exercise custody no less than six (6) overnights a month, with Father advising Mother a week prior to the month beginning of the six (6) overnights during which he shall exercise custody; and ii. One day a week, for a minimum of twelve (12) hours, with the specific day to be agreed upon no later than the Sunday prior to the start of the week. 4. The Thanksgiving holiday shall be split into two (2) periods of time known as "Block A" and "Block B." Block A shall be from 12:00 p.m. Thanksgiving Day to 12:00 p.m. on Friday. Block B shall be from 12:00 p.m. on Friday to 12:00 p.m. on the Saturday following Thanksgiving. Father shall exercise custody during Block A in 2009 and all odd numbered years, and Mother shall exercise custody during Block B in 2009 and all odd numbered years. Mother shall exercise custody during Block A in 2010, and all even numbered years, and Father shall exercise custody during Block B in 2010 and all even numbered years. 5. The Christmas holiday shall be split into two (2) periods of time known as "Block A" and "Block B." Block A shall be from 12:00 p.m. Christmas Eve to 12:00 p.m. Christmas Day. Block B shall be from 12:00 p.m. Christmas Day to 12:00 p.m. on December 26th. Mother shall exercise custody during Block A in 2009 and all odd numbered years, and Father shall exercise custody during Block B in 2009 and all odd numbered years. Father shall exercise custody during Block A in 2010 and all even numbered years, and Mother shall exercise custody during Block B in 2010 and all even numbered years. 6. The New Years holiday shall be split into two (2) periods of time known as "Block A" and "Block B." Block A shall be from 12:00 p.m. New Year's Eve to 12:00 p.m. New Year's Day. Block B shall be from 12:00 p.m. New Year's Day to 12:00 p.m. on January 2"a. Father shall exercise custody during Block A in 2009 and all odd numbered years, and Mother shall exercise custody during Block B in 2009 and all odd numbered years. Mother shall exercise custody during Block A in 2010 and all even numbered years, and Father shall exercise Block B in 2010 and all even numbered years. 7. The Easter holiday shall be shared such that the party exercising custody shall do so for the entire school vacation, including the weekend, from the time school lets out to the day before school begins, with the child being returned at 7:00 p.m. Mother shall exercise this period of custody in 2010 and all even numbered years, and Father shall exercise this period of custody in 2011 and all odd numbered years. 8. The Fourth of July holiday shall be shared such that the person exercising custody shall exercise for three (3) consecutive overnights, with the first being July 3`d, and shall exercise custody from the first day at 10:00 a.m. to the fourth day at 9:00 p.m. Mother shall exercise this period of custody in 2009 and all odd numbered years, and Father shall exercise this period of time in 2010 and all even years. 9. The parties shall share custody for the Memorial Day holiday such that the party exercising custody shall exercise custody for the entire Memorial Day weekend, that being from after school on Friday to Monday at 7:00 p.m. Father shall exercise this period of custody in 2009 and all odd numbered years, and Mother shall exercise this period of custody in 2010 and all even numbered years. 10. The parties shall share custody for the Labor Day holiday such that the party exercising custody shall exercise custody for the entire Labor Day weekend, that being from after school on Friday to Monday at 7:00 p.m. Father shall exercise this period of custody in 2009 and all odd numbered years, and Mother shall exercise this time in 2010 and all even numbered years. If school is not in session on that Friday, this period of custody will begin at 10:00 a.m. 11. Mother shall exercise custody every Mother's Day from 10:00 a.m. to 7:00 p.m. 12. Father shall exercise custody every Father's Day from 10:00 a.m. to 7:00 p.m. 13. The child's birthday will be shared such that if it is a school day the non-custodial parent shall have custody for a three (3) hour period of time, and if it is not a school day, the non-custodial parent will have custody for a six (6) hour period of time. If the child's birthday falls on Memorial Day, or any part of the Memorial Day weekend, the provisions of paragraph nine (9) above shall supersede this provision. 14. Father shall be solely responsible for all transportation until such time as one of the following occurs: (1) he moves within an hour of Mother or (2) Mother moves from her current residence. If either of the scenarios set forth in (1) or (2) occur, the parties shall then share equally in transportation. Mother shall be solely responsible for all transportation if she moves more than one hour from Father's residence, assuming that Father lives within Pennsylvania. 15. The parties shall allow for the child to have reasonable daily telephone contact with the non-custodial parent. 16. Each of the parties shall be entitled to two (2) non-consecutive weeks of summer vacation, with a week being defined as six (6) overnights, with the understanding that the periods of vacation shall not be attached to any other periods of regularly scheduled custody. The parties shall provide thirty (30) days written notice. The parties will do their best such that Mother shall not schedule her summer vacation during one of Father's six (6) overnight periods of custody, however, in the event that such can not be avoided, Mother shall exercise her period of vacation such that Father shall miss no more than one overnight period of custody during her week of vacation. 17. The child shall not be alone in the sole care of Father's significant other, Stephanie Klein, for six (6) months from the entry of this Order or when the parties' divorce is final, whichever is sooner, for any period of time exceeding two (2) hours. 18. Father shall not transport the child to his residence in Baltimore, Maryland for his periods of custody that are not going to include an overnight period of custody. 19. The parties' custody exchanges shall take place at the Shippensburg, Pennsylvania Police Station until such time as Paragraph 14 above is applicable and the parties are sharing equally in the transportation, at which point, if the parties are going to meet halfway between residences, the parties shall agree on a neutral location for the custody exchange. 20. Mother shall provide Father with a copy of the child's important school documents, including but not limited to the following: report cards, schedule of school events, and notice of pictures, within three (3) days of her receipt of the same. 21. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 22. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 23. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. 24. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 25. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 26. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 27. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date ERIC S. WARREN c?v?./1'1 rnl Date DONNAM.WARREN COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the 1 V h day of Ju-rte, , 2009, before me the undersigned officer, personally appeared ERIC S. WARREN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?aw"?."..... -'? Not Puei 61111MA40MA60w JIM 8.Oft, COMMONWEALTH OF PENNSYLVANIA: FP,PrN It Li tJ SS. COUNTY OF CUMBEREAN$ On this, the qV4% day of J-u.n,. , 2009, before me the undersigned officer, personally appeared DONNA M. WARREN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set and a.,?-1L Notary COMM NWEA -TH OF PENNSYLVANIA Notal ?eyA. Shank Wok Chambem3burg Boro, Fra?nCouMy My Cornrnissi6n E*m Jan. 12, 2012 Member, Pennsylvania Assoclatlon or Not rigs f ; ,- 11 11 ,; MM 1M VIM ,1MMONOt ??? ? AMR .$ a* JUN 25 2009 ERIC S. WARREN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. WARREN, NO. 0 9 - YdL ?s CIVIL TERM Defendant IN CUSTODY ORDER OF COURT 1A AND NOW this J b day of 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, __?kA W - J. cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiff Martha B. Walker, Esquire Attorney for Defendant BLED--0 Fl CIE OF THE mcm-,,{'-l TARY 2009 JUN 26 AM 8: 19 CUt, + is r• ..:' i;. 'L OUNTY" PtKINSYLVANIA WALKER, CONNOR & SPANG, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax ERIC S. WARREN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PA t') ev 0 r_ V. CIVIL ACTION - LAW -r3 :X M C= DONNA M. WARREN, NO. 09-4275 CIVIL TERM ?? Defendant, IN CUSTODY r-X -`' am ' o z'' ?. c=? rn DEFENDANT S ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Defendant, Donna M. Warren, (hereinafter referred to as "Mother"), by and through her attorney, Martha B. Walker, Esquire, of Walker, Connor & Spang, LLC and respectfully answers Plaintiff's (hereinafter referred to as "Father") Petition for Modification of Custody as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Proof is demanded at time of trial as Father's work schedule is unknown to Mother. NEW MATTER 1. The June 25, 2009 Court Order was specifically designed around Father's work schedule at his request. 2. There is no reason to change the existing Order since the child is used to that Order and is in need of stability. 3. Father has moved five times since the parties' separation and has broken up with his girlfriend several times, but now lives with his girlfriend who is pregnant, thus causing the minor child considerable anxiety. Father is not engaged or married to girlfriend. 4. The child has been counseling with her school guidance counselor (Mrs. Furry) and with Leslie Harne at Summit Outpatient Behavioral Health Services every two weeks to deal with anxiety and depression due to her Father leaving her Mother for another woman and moving repeatedly. 5. The child does not wish to spend more time with Father and is satisfied with the current schedule. 6. The child's counselors will testify that the child needs stability and no further disruption of her schedule in order to flourish. 7. The child is very upset about the birth of a new baby to Father. 8. The child does not like Father's girlfriend and does not want to be around her. 9. It is believed that Father works twenty-four-hour shifts several days a week and that girlfriend works three jobs with hours unknown to Mother and therefore Mother does not believe that those schedules are conducive to the necessary stable schedule and household that the child needs. Respectfully submitted, WALKER, CONNOR & SPANG, LLC By: 4)Xg., 'I',u? artha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant 2 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATE: 6; Donna M. Warren CERTIFICATE OFSERVICE I, Martha B. Walker, Esquire, hereby certify that on this 16gl1day of June, 2011, I served a true and correct copy of the foregoing Defendant's Answer to Petition for Modification of Custody at the address indicated below: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, Pennsylvania 17013 Service by: Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County k Facsimile service Certified/Registered Mail WALKER, CONNOR & SPANG, LLC BY: artha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant 4 a ERIC S. WARREN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-4275 CIVIL ACTION - LAg { DONNA M. WARREN, Defendant : IN CUSTODY a ORDER OF COURT ?. ' c. s7 AND NOW, this 10 day of hu4u $ , 2011, upom consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated June 25, 2009 is hereby vacated. 2. The Father, Eric S. Warren and the Mother, Donna M. Warren, shall have shared legal custody of Georgia Hall Warren, born May 26, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. During the school year, Mother shall have primary physical custody of the child. 3. During the school year, Father shall have the following periods of partial physical custody: A. Alternating weekends, beginning September 2, 2011 from Friday after school to Monday when Father will be responsible for dropping off the child at school. B. Two consecutive overnights per week provided Father gives Mother 30-days prior notice of the overnights. C. In the event that Father or his wife are unavailable for any time during Father's alternating weekend, make-up time shall be granted, provided Father give Mother 30-days prior notice. 4. Beginning the summer of 2012, the parties shall share physical custody of the child on a 4 day on/4 day off schedule to coincide with Father's work schedule. Holidays shall be shared as agreed. 6. Transportation shall be shared as agreed. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for November 8, 2011 at 8:30 a.m. BY THE COURT, ??A U I M.L. Ebert, Jr., J. c : Hannah Herman-Snyder, Esquire, Counsel for Father - ? Martha B. Walker, Esquire, Counsel for Mother n0- 8/10/11 Da ERIC S. WARREN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-4275 CIVIL ACTION - LAW DONNA M. WARREN, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Georgia Hall Warren May 26, 2000 Mother 2. A Conciliation Conference was held in this matter on August 9, 2011, with the following in attendance: The Father, Eric S. Warren, with his counsel, Hannah Herman-Snyder, Esquire, and the Mother, Donna M. Warren, with her counsel, Martha B. Walker, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated June 25, 2009 providing for shared legal custody, Mother having primary physical custody with Father having partial physical custody during the school year, alternating weekends and one evening per week and during the summer six overnights per month and one day each week. 4. The parties agreed to an Order in the form as attached. !? V Date: acq line M. Verney, Esquire Custody Conciliator