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HomeMy WebLinkAbout10-3359Thomas J. Williams, Esquire `~~ ~r F `~T~ ~~~~'~~Y MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL MARTSON LAW OFFICES ~~~ ~`~~ ! ~ ~ ~ ~ 1 LD. 17512 10 East High Street CUS~~ '_~ "' '"G Carlisle, PA 17013 t ~"~"~,~.~~+'J~~'~~~ (717) 243-3341 Attorneys for Plaintiff RACHEL SHOOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD MENTZER, Defendant NO. 10- 335 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is an adult individual currently residing at 201 Shughart Avenue, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is an adult individual currently residing at 99 Richland Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Remmingtonn Nevaeh Kay-lee Shoop, who was born on Apri127, 2009. The child was born out of wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Time Period Persons Location Birth to present Plaintiff 201 Shughart Avenue, Boiling Springs, PA 5. The relationship of the Plaintiff to the child is that of Mother. She is single and living separately. The Plaintiff currently resides alone. 6. The relationship of the Defendant to the child is that of Father. He is single and living separately. The Defendant currently resides with the following; Unknown. 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9'/74.ov ~d/,t~L eK~ ~as3Y .7 ~ aystie 8. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 9. The best interest and permanent welfare of the child will be served by granting primary physical custody to the Mother. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON LAW OFFICES ~`'n BY ~ N~+a~~ K.~G Thomas J. Wi~Kams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2010 Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penal*;P~ JUL 022010 / U RACHEL SHOOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-3359 CIVIL ACTION LAW n • c y ~ =z; RICHARD MENTZER, IN CUSTODY -r_, •`~ ~ ._ =w+ Defendant `~ ~ ~ = ~~" ' -'", f _ c~ ~c ORDER OF COURT ;, AND NOW this ~ day of July 2010, upon consideration of the attached C~stodj~„ r r ,~. Conciliation Report, it is rdered and Directed as follows: ~-~ ~" '_~ f~.7 ""~ 1. Legal Custody: The Father, Richard Mentzer, and the Mother, Rachel Shoop, shall have shared legal custody of Remmington Nevaeh Kay-Lee Shoop, born Apri127, 2009. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as the parties may agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Absent an emergency, no phone calls shall be made after 10:00 pm. 4. Holidays: The parents shall arrange the holiday schedule as can be mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Nothing in this Order shall preclude either party from seeking a modification through the Court; this is in light that Father failed to appear. 9. This Order is entered pursuant to 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. Dom' tribution: ./Thomas Williams, Esquire ~ard Mentzer, 10 Mountain ohn J. Mangan, Esquire ~ ~ f,~ View Terrace, Newville, PA 17241 RACHEL SHOOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-3359 CIVIL ACTION LAW RICHARD MENTZER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8{b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Remmington Nevaeh Kay-Lee Shoop 04/27/2009 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on July O1, 2010 with the following individuals in attendance: The Mother, Rachel Shoop, with her counsel, Thomas Williams, Esq. The Father, Richard Mentzer, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. _ r ~z. ~~ Date John J an, squire Cust dy nciliator