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HomeMy WebLinkAbout10-1360Fl! FCE "ARY OM & &U ULAKIS Michelle I.. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 GRACE M. PEREIRA and PAULO J. PEREIRA, Plaintiffs v. 2010 FEEB 24 Fh 2: 4 L; „-Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ROLAND KENNETH RAY CARPENTER and STEPHANIE MARIE WEIGEL, CIVIL ACTION - LAW Defendants IN CUSTODY 1. The Plaintiffs are Grace M. Pereira and Paulo J. Pereira, who currently reside at 10 Naugle Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Roland Kenneth Ray Carpenter, who currently resides at 106 East King Street, Shippensburg, Cumberland County, Pennsylvania. 3. The Defendant is Stephanie Marie Weigel, who currently resides at 316 Walnutdale Road, Shippensburg, Cumberland County, Pennsylvania. 4. The Plaintiffs seeks custody of the following children: Name: Date of Birth: Address: Collin Ray Carpenter September 26, 2008 10 Naugle Road, Shippensburg, Cumberland County, Pennsylvania 17257 I#AJ' JdrMMK 7 ?? 23 xi br,? Name: Austin Ray Carpenter Date of Birth: February 3, 2005 Address: 10 Naugle Road, Pennsylvania 17257 5. The children was born out of wedlock. Shippensburg, Cumberland County, 6. The children are presently in the custody of Paternal Grandparents, Grace M. Pereira and Paulo J. Pereira, who reside at 10 Naugle Road, Shippensburg, Cumberland County, Pennsylvania. 7. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Grace and Paulo Pereira Roland Carpenter & Stephanie Weigel Roland Carpenter & Stephanie Weigel Roland Carpenter & Stephanie Weigel Grace and Paulo Pereira Address 10 Naugle Road Shippensburg, PA 17257 221 East Orange Street Shippensburg, PA 17257 207 Meadow Drive Shippensburg, PA 17257 13 Ritner Gardners Shippensburg, PA 17257 10 Naugle Road Shippensburg, PA 17257 Date COLLIN: Since the child was 4 Days old on September 30, 2008 AUSTIN: Birth until 6 Months old AUSTIN: 6 Months old until 4 years old AUSTIN: 4 years old until January 6, 2010 AUSTIN: January 6, 2010 until Present 8. The mother of the child is Stephanie Weigel, 316 Walnutdale Road, Shippensburg, Cumberland County, Pennsylvania. 9. Mother of the child, Stephanie Weigel, is not married. 10. The father of the child is Roland Kenneth Ray Carpenter, 106 East King Street, Shippensburg, Cumberland County, Pennsylvania. 11. Father of the child, Roland Kenneth Ray Carpenter is not married. 12. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 13. The relationship of Defendants to the child is that of Biological Father and Mother. 14. The Plaintiffs currently resides with the following persons: a. Collin Ray Carpenter, approximately 18 months b. Austin Ray Carpenter, age 5 15. The Defendant, Roland Kenneth Ray Carpenter currently resides with the following persons: a. Beth Swartz, his paramour b. Cameron Ray Carpenter, age 3 16. The Defendant, Stephanie Marie Weigel currently resides with the following persons: a. Jessie N ixell b. Rose Mixell, Jessie's Mother 17. The Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 18. The Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 19. The Plaintiffs do not know of a person or 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. 20. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Plaintiffs, Grace and Paulo Pereira have been the primary caregiver of the minor child, Collin Ray Carpenter, since September 30, 2008; four (4) days after his birth. b. The Plaintiffs, Grace and Paulo Pereira have been the primary caregiver of the minor child, Austin Ray Carpenter, since January 6, 2010. c. Plaintiffs have: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. vii. The children has a psychological bond with the Plaintiffs. viii. Plaintiffs are able to provide a stable environment for the children. 21. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiffs request that this Court grant them Shared Legal Custody and Primary Physical Custody of the children in connection with the Custody Stipulation and Agreement that is being filed simultaneously with this Petition. Respectfully submitted, iABOM&KUTULAKIs, L.L.P. /1 S DATE 2-??' 1y - Michelle L. So r, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs I, GRACE PEREIRA and PAULO PEREIRA, verify that the statements made in this Custody Complaint are true and correct to the best of our knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date oG "c2-3 -,,-,7 1o Date -2, ? L 0 / o GRACE PEREIRA PA LO PE EIRA CERTIFICATE OF SERVICE AND NOW, this 24`h day of February 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Roland Kenneth Ray Carpenter 106 East King Street Shippensburg, PA 17257 Pro Se Defendant Stephanie Marie Weigel 316 Walnutdale Road Shippensburg, PA 17257 Pro Se Defendant Respectfully submitted, AaOM&KUTVLAKi4 L.L.P. DATE 2-24-1 D <EAA, (ANA Michelle L. Sommer squire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs TLIBIOM & TLILAKIS Michelle L. Sommer, Esquire Attorney I. D. No.: 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 GRACE M. PEREIRA and PAULO J. PEREIRA, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. ROLAND KENNETH RAY CARPENTER and STEPHANIE MARIE WEIGEL, CIVIL ACTION - LAW Defendants IN CUSTODY CUSTODY STIPULATION AN A FFMFNT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between GRACE M. PEREIRA and PA ULO j PEREIRA, (hereinafter referred to as "Grandparents") and ROLAND KENNETH RAY CARPENTER and STEPHANIE MARIE WEIGEL (hereinafter referred to as "Natural Parents") WHEREAS, the natural parents are the Mother and Father of two minor children, namely AUSTIN RAY CARPENTER born February 3, 2005; and COLLIN RAY CARPENTER born September 26, 2008; (hereinafter referred to as "Children"); WHEREAS, the Grandparents are the paternal Grandparents of the Children; WHEREAS, the Natural Parents and the Grandparents wish to enter into a comprehensive stipulation and agreement relative to physical custody of the Children; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to legal and physical custody of their Children. 2010 Fc.a 24 F' 2: l{ 4 CUB r. 2 NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. LEGAL CUSTODY: a. The parties will share joint legal custody of Austin Ray Carpenter and Collin Ray Carpenter. The parties agree that major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions, which must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. X5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Children back in school, authorizing enrollment in college, authorizing their Children's driver's license or purchase of an automobile, authorizing employment, authorizing either Children's marriage or 3 enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. PHYSICAL CUSTODY: a. Grandparents shall have primary physical custody of the Children. b. Natural Parents shall have partial physical custody of the Children by agreement of the parties. 3. TELEPHONE CONTACT: a. Natural parent shall be entitled to reasonable telephone contact with the Children which shall not be excessive as well as daily contact via e-mail with the Children when in the custody of the Grandparents. 4. The parties shall organize ways for their Children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parties. 5. The parties shall permit and support the Children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by all parties with routine visitations resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each party must confer with the other party before arranging regularly occurring extracurricular activities for the Children which might interfere with regular visitation. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent 4 possible, that other household members and/or houseguests comply with this prohibition. 7. JURISDICTION: a. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 8. 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. 9. 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. WITNESSETH: dru?eu DATE GRACE M. PEREIRA (Seal) 3J-,)(-)l o DATE ?ULO J. IRA (Seal) d- ?d DATE RO D NNE RAY CARPENTER (Seal) DATE STEP IE MARIEd WEIGEL (Seal) 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this day of 71 2010, before me, the undersigned officer, personally appeared GRACE M. PEREIRA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLI a?cmrnonweaith of Penns 1v nia NOTARIAL SEAL Public DEBORAH L. RYAN, Notary Mechanicsburg Baro.< County of Cumberland My Commission Expp%JJune 11, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this day of 2010, before me, the undersigned officer, personally appeared PAULO J. PEREIRA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. 40 0 WVCL ? - NOT ARY PUBLIC ommon'?e n or °enns ivarna NO?ARIAL SEAL Fmy EBORAH L. RYAN, Notary Public hanicsburg Boro., County of Cumberland Com on Expires June 11, 2010 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this day of 2010, before me, the undersigned officer, personally appeared ROLAND KENNETH RAY -0 F ENTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. L " 9z 04 1?? n NOTARY PUBLIC A?'n r?unwe•- Ith of Pe nsyiv nia NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Boro., County of Cumberland My Commission Expires June 11, 2010 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this day of 2010, before me, the undersigned officer, personally appeared STEPHANIE MARIE WEIG L, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. 6bmal y NOTARY PUBLIC ?.orr?monuveait?? ?s ?'ens,:: Ivania NOTARIAL SEAL DEBORAH L. RYAN; Notary Public Mechanicsburg Boro., County of Cumberland My CommisSion Expires ,tune 11, 2010 7 ~ FE8 25 2010 ~/ GRACE M. PEREIRA and IN THE COURT OF COMMON PLEAS PAULO J. PEREIRA, CUMBERLAND COUNTY, PA Plaintiffs v. ROLAND KENNETH RAY CARPENTER and STEPHANIE MARIE WEIGEL, CIVIL ACTION -LAW Defendants IN CUSTODY ORDER OF COURT AND NOW this ~~ d ay of ~/~~ , 2010, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, J. D~istribution• / Michelle L. Sommer, Esquire Abom & Kutulakis, L.L.P. cn ~-~ _'~ r-- 2West High Street . , }~, ~ ~_~ T Carlisle, PA, 17013 - ~ ~ ; 4~ r=- Attorney for the Plaints ' . ~ tv -"~ . ~. C3-, _ ~ ~_ --, -~-~. . ,. , r ~i Roland Kenneth Ray Carpenter ,~~-- :~ 106 East King Street ~ t„~ Shippensburg, PA 17257 ~' ~' Pro Se Defendant Stephanie Marie Weigel 316 Walnutdale Road Shippensburg, PA 17257 Pro Se Defendant Co i ~' n~ tC£c~ 3 ~11~d