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HomeMy WebLinkAbout09-8173DAVID W. SHERWOOD, Plaintiff V. APRIL SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69 - Y173 CIVIL ACTION - CHILD CUSTODY COMPLAINT IN CUSTODY 1. Plaintiff is David W. Sherwood (hereinafter, "Father"), an adult individual residing 9 Law Office of o}7I1 M. e1T 5020 Ritter Road Suite 108 Mechardcsburg. PA 17055 PRor>e: 717.766.4008 FAx: 717.766.4066 at 3009 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant is April Sherwood (hereinafter, "Mother"), an adult individual residing at 3013 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 3. The parties are the natural parents of the following minor children: Matthew D. Sherwood, born February 15, 1999 and Christian E. Sherwood, born October 15, 2003 (hereinafter, "the children"). 4. The children were not born out of wedlock. 5. The children are presently in the custody of Defendant Mother, who resides at 3013 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates April Sherwood 3013 Lisburn Road 9/20/09 - present Mechanicsburg, PA 17055 David W. Sherwood 3013 Lisburn Road 1998 - 9/20/09 April Sherwood Mechanicsburg, PA 17055 7. The Father of the children is Plaintiff David W. Sherwood, residing at 3009 Lisburn Road, Mechanicsburg Pennsylvania 17055. He is married. 8. The Mother of the children is Defendant, April Sherwood, residing with the children at 3013 Lisburn Road, Mechanicsburg, Pennsylvania 17055. She is married. 9. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Name Monica Smith Relationship girlfriend 10. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Relationship Matthew D. Sherwood Son Christian E. Sherwood Son 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. Each parent whose parental rights to the children have not been terminated and YOhn M. `err 5020 Bitted Road suite 108 Mechanicsburg. PA 17055 Poor: 717.766.4008 FAx: 717.766.4066 the person who has physical custody of the children have been named as parties to this action. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) the Plaintiff Father has served as care giver, having lived continuously with his children for the past 10 years; b) the children are prospering under the present arrangement. C) Defendant Mother has informed Plaintiff Father that she intends to relocate with the children to an out-of-state location; and d) the emotional, physical and/or spiritual development of the children will be enhanced by granting shared legal and physical custody of the children to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him shared legal and physical custody of the children. Respectfully submitted, )ff John M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, David W. Sherwood Dated: November 24, 2009 qo)=;.)eff Soto Ritter Road Suite 108 MechartiCSbuig, PA 17055 F Riow: 717.766.4008 FAx: 717.766.4066 FILED-01, TICE or- TFIrE, L,j 1`41 ? 10* 4 6 2069 NU 21 cu P' r ?d ?lU5- 0 A? Ail- DAVID SHER OD IN THE COURT OF COMMON PLEAS OF PL tUNTIFF CUMBERLAND COUNTY, PENNSYLVANIA C C= "Q3 -•? V. 2009-8173 CIVIL ACTION LAW MM C ? t'- - APRIL SHERW OD -C> CA Off, IN CUSTODY DEF ENDANT ORDER OF COURT ' AND NOW, Friday, July 01, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at_ 4th Floor, Cumberland Coun Courthouse, Carlisle on Friday, July 22, 2011 at 10:30 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 ap ear at the conference may provide grounds for entry of a temporary or permanent order. The court h reby 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/ _ Hubert X. Gilroy, Esq. _ Custody Conciliator The C urt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites ct 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 h arina. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN AT ORNEY 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 ? ?Cb? ma??a?? 4 Telephone (717) 249-3166 l0'11 ",,,9,1,9d' a, le ? ?? DAVID SHERWOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-8173 CIVIL ACTION - LAW APRIL SHERWOOD, Defendant IN CUSTODY COURT ORDER AND NOW, this / day of October, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, David Sherwood, and the mother, April Sherwood, shall enjoy shared legal custody of Matthew D. Sherwood, born February 15,1999, and Christian E. Sherwood, born October 18, 2003. 2. The mother shall enjoy primary physical custody of the minor children. The father shall enjoy periods of partial physical custody of the minor children as follows: A. On a two week basis and for the first two weeks, father shall have custody on every weekday from 4:00 p.m. until 7:30 p.m. and on the two weekends from Saturday after he finished working until Sunday evening at 7:30 p.m. For the next two weeks, mother shall have custody of the children. It is noted that the children attend CCD every Monday evening and the mother shall custody on Monday evenings for them to go to CCD classes. B. At such other times as the parties agree. 4. The parties shall continue to alternate major holidays based upon the schedule they have implemented over the past few years. The mother shall always have custody of the children on Mother's Day and the father shall always have custody on Father's Day. 5. Each parent shall be entitled to at least one week of uninterrupted vacation time with the children during the summer months when they have vacation from work as long as they give reasonable notice to the other parent as to when they intend to exercise the vacation. 6. The parties may modify or alter the custody schedule set forth above as long as the parties agree. If the parties do not agree, they shall follow the schedule outlined above. In the event either parent desires to modify this Order and the parties are unable to reach an agreement, either party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. 7. Unless agreed otherwise by the mother, the father shall not leave the children alone when they are in his custody with his friend Monica Smith. BY THE COURT, cc: j/ Melanie Erb, Esquire V John Kerr, Esquire ctp;e5 yy+,.i.led ,cj,j)1j 90 DAVID SHERWOOD, Plaintiff v APRIL SHERWOOD, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-8173 CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND i COUNTY the following report: CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Matthew D. Sherwood, born February 15, 1999, and Christian E. Sherwood, born October 18, 2003. 2. A Conciliation Conference was held on October 7, 2011, with the following individuals in attendance: The father, David Sherwood, with his counsel, Es Jon Kerr, Esquire, and the mother, April Sherwood, with her counsel, Melanie Erbq 3. The parties agree to the entry of an Order in the form as attached.. Date: October 7 '2011 Hubert X. Gilroy, Custody Concili?