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HomeMy WebLinkAbout10-2458FILE 21j10 APR 14 A i 12: G3 MAURICE C. DIGRUGILLIERS and THE COURT OF COMMON PLEAS OF CHERYL DIGRUGILLIERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiffs vs. a -?.y5 S . No. DANA SHROY and MICHAEL WINTER, CIVIL ACTION -LAW Defendants GRANDPARENT CUSTODY PLAINTIFFS' COMPLAINT FOR CUSTODY AND NOW comes the Plaintiffs, Maurice C. Digrugilliers and Cheryl Digrugilliers, by and through their attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint: 1. Plaintiff is Maurice C. Digrugilliers, an adult individual who currently resides at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Plaintiff is Cheryl Digrugilliers, an adult individual who currently resides at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Defendant is Dana Shroy, an adult individual who currently resides at 631 Oak Circle, Harrisburg, Dauphin County, Pennsylvania, 17111-3238. 4. Defendant is Michael Winter, an adult individual who currently resides at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 5. There is one dependent child from the relationship of Defendants, namely Brycen Winter, at-53q 4115.60 CLtty C'6s?0 oLAds Rec ..# 914 & 1-1) 2 . I born March 15, 2010. 6. The Defendants were never married to each other and the child was born out of wedlock. 7. The child is currently in the custody of Plaintiffs. 8. Since birth, the child has resided with Plaintiffs at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050 9. The relationship of Plaintiff, Maurice C. Digrugilliers, to the child is that of paternal step- grandfather. He currently resides with Plaintiff Cheryl Digrugilliers, their son Brandon Digrugilliers, and, temporarily, with Defendant Michael Winter. 10. The relationship of Plaintiff, Cheryl Digrugilliers, to the child is that of natural paternal grandmother. She currently resides with Plaintiff Maurice C. Digrugilliers, their son Brandon Digrugilliers, and, temporarily, with Defendant Michael Winter. 11. The relationship of Defendant, Dana Shroy, to the child is that of natural mother. She currently resides with her father, Walter Shrov. 12. The relationship of Defendant, Michael Winter, to the child is that of natural father. He is temporarily residing with Plaintiffs and the subject child. 13. Plaintiffs have not previously participated in any capacity in litigation concerning the custody of the child in this or any other Court. 14. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other jurisdiction. 15. Plaintiffs do 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. 16. The best interest and permanent welfare of the child will be served by granting Plaintiffs primary physical and sole legal custody for the following reasons: a) Defendants are not currently capable of providing a stable home for the child. b) Defendants are not currently able to contribute financially to the child. c) Plaintiffs are capable and willing to provide a suitable and stable environment in which the child can thrive. 17. 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. WHEREFORE, Plaintiffs respectfully request this Honorable Court to grant them primary physical and sole legal custody of Brycen Winter. Respectfully submitted, DATED: V 2 d [ e Je'B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFFS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 PA Supreme Ct. ID No. 68735 - i VERIFICATION I, Maurice C. Digrugilliers, Plaintiff in the above captioned action, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: O -? Signature: )9-114 0 Maurice C. Digrugilliers I, Cheryl Digrugilliers, Plaintiff in the above captioned action, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1W Date: V- /D- / p Signature: ??I J I LA g 4 1 Cheryl igrugil iers ?^ TI it r -' I CL) MAURICE C. DIGRUGILLIERS and THE COURT OF COMMON PLEAS OF CHERYL DIGRUGILLIERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiffs vs. No. Q "0? y.S DANA SHROY and MICHAEL WINTER, CIVIL ACTION -LAW Defendants GRANDPARENT CUSTODY ORDER OF COURT AND NOW, this day of 2010, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. BY THE COURT: J. Distribution: Jeann6 B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Dana Shroy, 631 Oak Circle, Harrisburg, PA, 17111-3238 Michael Winter, 82 Linda Drive, Lot 8A, Mechanicsburg, PA 17050 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiffs MAURICE C. DIGRUGILLIERS and CHERYL DIGRUGILLIERS, Plaintiffs THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. ?Q ys Gc'v, f ?.?i? DANA SHROY and MICHAEL WINTER, CIVIL ACTION -LAW Defendants GRANDPARENT CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Maurice C. Digrugilliers and Cheryl Digrugilliers, Plaintiffs, residing at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and Dana Shroy, Defendant, residing at 631 Oak Circle, Harrisburg, Dauphin County, Pennsylvania, 17111-3238, and Michael Winter, residing at 82 Linda Drive, Lot 8A, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Maurice C. Digrugilliers and Cheryl Digrugilliers ("Paternal Grandparents" hereinafter) desire to have custody of their grandson, Brycen Winter, born March 15, 2010 to Dana Shroy ("Mother" hereinafter) and Michael Winter ("Father" hereinafter). WHEREAS, the child has been residing with Plaintiffs since birth and it the desire of all parties for the child to continue residing with Plaintiffs; WHEREAS, Plaintiffs agree to encourage, permit and allow frequent and continuing contact and physical access between Defendants and the child. WHEREAS, none of the parties has participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. WHEREAS, none of the parties have any information of a custody proceeding concerning the child pending in a court of this Commonwealth. WHEREAS, the parties do 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. WHEREAS, the parties agree that the best interest and permanent welfare of the child will be served by granting Paternal Grandparents primary physical and sole legal custody of the child. WHEREAS, all parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, all parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: LEGAL CUSTODY: Paternal Grandparents shall have sole legal custody of the child. Therefore, they shall have the sole right to control in making decisions of importance in the life of the child, including educational, medical, and religious decisions. Paternal Grandparents shall be entitled to full access to the child's school, medical, dental, and other important records. PHYSICAL CUSTODY: Primary physical custody of the child, as that term is defined in the Custody Act, shall be with Paternal Grandparents. Partial physical custody is the right to take possession of a child away from the legal custodian for a certain period of time. Defendants shall have liberal rights of partial physical custody of the child as can be agreed upon between the parties. MODIFICATION OF STIPULATION: The parties are free to modify the terms of this Stipulation, but in order to do so the parties understand the parties must be in complete agreement to any new or changed terms. That means all parties must consent on what the changes or new terms of the custody arrangement shall be. In the event that any of the parties does not consent to a change, then the terms of this Stipulation shall control. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with independent legal counsel, regarding the effect of the terms of this Stipulation and that each believes this Stipulation to be reasonable and in the best interest of the child under the circumstances and not the result of any duress or undue influence. SUPERSEDEAS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgement. y- / 67 -/v Date &I ? Dana Shroy is ael Winter` ate 4 tt O 2CL OQO 10 Date 7 Efate COMMONWEALTH OF PENNSYLVANIA COUNTY OF¢ \? n BEFORE ME, the undersigned authority, on this day personally appeared Maurice C. Digrugilliers, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day ofc , 2010. A 0,9Z Notary Public in and for COMMONWEALTH OF PENNSYLVANIA Notarial Seal Hope L. Foust, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Feb. 28, 2013 Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 6y n. 02 D/ 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ice ef CL BEFORE ME, the undersigned authority, on this day personally appeared Cheryl Digrugilliers, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this D day of , 2010. Notary ublic in and for COMMONWEALTH OF PENNSYLVANIA Notarial Seal Hope L. Foust, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Feb. 28, 2013 Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires:, ?Q? j? r COMMONWEALTH OF PENNSYLVANIA COUNTY OF a rv,I,z,?a n a` BEFORE ME, the undersigned authority, on this day personally appeared Dana Shroy, known to me to be the person. who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L? day of p it i L , 2010. Notary Public in and for COMMONWEALTH OF PENNSYLVANIA Notarial Seat Hope L. Foust, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Feb. 28, 2013 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF M i%,"a kk Commonwealth of Pennsylvania Typed or printed name of Notary: !!2 cz- ,,t?;b, My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared Michael Winter, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of L , 2010. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Hope L. Foust, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Feb. 28, 2013 Member, Pennsylvania Association of Notaries day Q- /- Notary P lic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: L3