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HomeMy WebLinkAbout10-3372DARON W. SLAYBAUGH, JENNIFER L. SLAYBAUGH, Plaintiffs Vs. JESSICA L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010- CtvaTem .r, c -rj IN CUSTODY i COMPLAINT FOR CUSTODY 1. Plaintiffs are Daron W. and Jennifer L Slaybaugh, adult individuals, ct*ntLf- residing at 140 Frost Road, Gardners, Cumberland County, Pennsylvania, 17324. 2. Defendant is Jessica L. Jones, an adult individual, currently residing at 1825 State Road, Duncannon, Perry County, Pennsylvania, 17020. 3. Plaintiffs seek custody of the following children: Ashley M. Welker, born July 30, 1996, age 13 and James L. Paulus, born October 6, 2000, age 9. Ashley M. Welker was born out of wedlock. James L. Paulus was born in wedlock. The children are presently in the custody of Plaintiffs Daron W. Slaybaugh and Jennifer L Slaybaugh, who reside at 140 Frost Road, Gardners, Cumberland County, Pennsylvania, 17324. During the past five years, the children have resided with the following persons at the following addresses: A. Daron W. Slaybaugh and Jennifer L. Slaybaugh, 140 Frost Road, Gardners, Cumberland County, Pennsylvania, 17324 March, 2010 through present. B. Daron W. Slaybaugh and Jennifer L. Slaybaugh, 15 Park Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065, December 2007 through March 2010. *I qq. DD PA 'A'My 00 IU*7 ra 2* a,layio C. Jessica L. Jones RD1 Box 387A, New Bloomfield, Perry County, Pennsylvania, 17068. Dates unknown. The natural mother of the children is Jessica L. Jones, currently residing at 1825 State Road, Duncannon, Perry County, Pennsylvania, 17020. She is not married. The reported natural father of Ashley M. Welker' is Steven Peck, currently residing in Carlisle, Pennsylvania. Marital status is unknown. The reported natural father of James L. Paulus is Philip Paulus, current address is unknown. 4. The relationship of the Plaintiffs to the children is that of aunt and uncle. The plaintiffs currently reside together with the children. 5. The Plaintiffs have stood in loco parentis to the children since December, 2007. 6. The relationship of the Defendant to the children is that of natural mother,. The defendant currently resides at 1825 State Road, Duncannon, Perry County, Pennsylvania, 17020. 7. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. 8. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. 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 the child. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The plaintiffs have been the primary care givers and provided a home for the children for the last two and a half years. (b) The mother has not made an effective effort to be a part of her children's lives. (c) The mother for the past year has shown no regard for her child's needs for educational, social and emotional stability by not visiting regularly and when she does visit, there is a lack of communication between the defendant and her children. (d) At the present time, Defendant is not capable of parenting the children. (e) The plaintiffs, Daron W. and Jennifer L. Slaybaugh, have demonstrated an ability to care for their niece and nephew while in their custody. Mr. and Mrs. Slaybaugh have adequate child care arrangements for before and after school care of their niece and nephew when the school year starts in the South Middleton School District. (f) The biological fathers of the children have not been in contact with or have not been involved in their children's lives, therefore they are not a reasonable resource for the children. (g) For all of the above reasons, the Plaintiffs Daron W. and Jennifer L. Slaybaugh can provide a more stable environment for the social, emotional and educational development of their niece Ashley M. Welker, and their nephew, James L. Paulus. I WHEREFORE, Plaintiffs requests your Honorable Court to grant them shared legal and primary physical custody of their niece Ashley M. Welker and their nephew, James L. Paulus. Date: Z?, X14 Respectfully submitted, BARIC, SCHERER Michael A. Scherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff DARON W. SLAYBAUGH, JENNIFER L. SLAYBAUGH Plaintiffs V. JESSICA L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in this Answer to Defendant's Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 0) (-( bo Date: L. ILA. 1C5 baron W. Slaybau 9 Jennif r L. Slay u b ,, DARON W. SLAYBAUGH, JENNIFER L. IN THE COURT OF COMMON PLEAS OF SLAYBAUGH PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~~~ 2010-3372 CIVIL ACT10N LAW JESSICA L. JONES IN CUSTODY DEFENDANT ORDER OF COURT AND NOV1--', Thursday, May 27, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, clt 4th Floor ,Cumberland County Courthouse, Carlisle on Thursday, June 17, 2010 at 8:30 AM for a i're-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby 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, E~ Custody Conciliator "T'he Court of Common Pleas of C;umberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations avai)able 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 hearing. YOU SFTOULD 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 OFFIC;E SE"I' FORTH BELOW TO F[ND OUT WHERE YOU CAN GET LEGAL HELP. r~ ~. ~-r, ! 0 ~,~.: C ~,~ ~e~ Cumberland County Bar Association ~ c~ -, : t --g. ~ ce nn~,; ~e~ ~+o ,~ . a1 • ! ~ obi 5 ~`t-1• I O CD~•~ ~QC:ec1 i n 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Csi ~roys ~ f .e , 0 ==<: r,~ _, ~ ~..~,; :,__ ~~ C~ ._ =.~ _~ ,, -r 1 -f-) _~i,, ~•~~ :- ..~ ~uN ~ 0 2a~a y DARON W. SLAYBAUGH, JENNIFER L. SLAYBAUGH Plaintiff v. JESSICA L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3372 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY n ^~ ~-- d c ~ ~ ~ ~ t7~t ; r . (~ _ f 71 ~ • 3~ - -; ~~ ORDER OF COURT AND NOW, this the ~!` day of ~~.,` , 2010, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the children, Ashley M. Welker, born July 30, 1996 and James L. Paulus, born October 6, 2000 (hereinafter referred to as "children"). Shared legal custody means the right of both parties to control and to share in making decisions of importance in the life of the children. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each party shall notify the other party of any medical, dental, optical, counseling and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each party shall be entitled to equal access to all medical records and information pertaining to the child; including, but not limited to, the children's school, medical, dental, religious and other important records and the residence address of the other party. r. it 2. Daron and Jennifer Slaybaugh shall have primary physical custody of the children. 3. Mother shall have partial physical custody of the children as such times as the parties agree. 4. The parties shall share physical custody of the children on holidays at such times and under such circumstances as the parties from time to time agree. BY THE COURT, ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 essica Jones 1825 State Road Duncannon, PA 17020 ~o l ES' /YL~ ~ lam. ~ ~~~~~ DARON W. SLAYBAUGH, IN THE COURT OF COMMON PLEAS OF JENNIFER L. SLAYBAUGH Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-3372 CIVIL TERM ~ c ~ ,_ j ;, JESSICA L. JONES, CIVIL ACTION-LAW ~ -~s ~-- '~ Defendant IN CUSTODY ~{r; ~ ~" ~ r -- GfA ^L ~ -~; iT1 . . ~. "~ J 1, +. `1 y} Y~ , f '. CUSTODY STIPULATION AND AGREEMENT i-; -~~ .,, ~-' ~' ~- ~ f,. : .G ; .. .L_ ;~:a SJ THIS STIPULATION AND AGREEMENT entered into this y~ day of CS; "~ 5v~ c. 2010, by and between Daron and Jennifer Slaybaugh (hereinafter referred to "Guardians") and Jessica L. Jones (hereinafter referred to as "Mother"); WHEREAS, Daron and Jennifer Slaybaugh are the aunt and uncle of Ashley M. Wellver, born July 30, 1996 and James L. Paulus, born October 6, 2000 (hereinafter referred to as "children") and, WHEREAS, Jessica L. Jones is their natural mother; and, WHEREAS, the natural parents are separated and living in separate residences; ands, WHEREAS, the parties believe it to be in the best interest of the children that the partied share legal custody of the children at this time; and, WHEREAS, Guardians shall have primary physical custody of the children and Mother shall have partial physical custody of the children according to times both parties can agree with. WHEREAS, the parties wish enter into this Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises and ~- agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of the children, Ashley M. Welker, born July 30, 1996 and James L. Paulus born October 6, 2000 (hereinafter referred to as "children"). Shared legal custody means the right of both parties to control and to share in making decisions of importance in the life of their children. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each party shall notify the other party of any medical, dental, optical, counseling and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each party shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the children's school, medical, dental, religious and other important records and the residence address of the other party. 2. Guardians shall have primary physical custody of the children. 3. Mother shall have partial physical custody of the children as such times as the parties agree. 4. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. 6. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the other parties. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to 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 and the minor children and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 8. The parties acknowledge that they have read and understand the provisions of this Agreement. WITNESS: V ~~ ~ `~ Date: ~, 2010 ~t~l Daron W. aybaugh ~- 2010 :.__ ~ -- Date: ~ \ ll~ ~---/ .2010 R J nnif r L. aybau Jessica .Jones JUIV /7' [ui DARON W. SLAYBAUGH, JENNIFER L. IN THE COURT OF COMMON PLEAS OF SLAYBAUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v JESSICA L. JONES, Defendant CIVIL ACTION -LAW NO. 2010-3372 IN CUSTODY ORDER /J ~ AND NOW, this / C! day of June, 2010, the Conciliator being advised the parties have reached an agreement and a stipulation has been filed with the Court, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, E Custody Conciliator n ~ .::~ c ~ ~, -~ . -L, ~,,; ~ -ry i'1"i t,!'3 Vii. ~ .i.7 -~ _. =C C S : s. a --~- 1 ~" rt. ,.. ~ C..y , { C `- r ~~ '-) 7 -'' G 77 G DARON W. SLAYBAUGH and IN THE COURT OF COMMON PLEAS OF JENNIFER L. SLAYBAUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs C-) CZ V. NO. 2010-3372 -DZ ZZ rn,co *ZU. M — 0 = M r- JESSICA L. JONES, CIVIL ACTION-LAW Z> N) Defendant C-5 C= CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of 2013, by and between Daron W. Slaybaugh and Jennifer L. Slaybaugh, (hereinafter referred to as "Slaybaughs") and Jessica Welker (hereinafter referred to as "Mother"); WHEREAS, the children who are the subject of this custody action are Ashley M. Welker, born July 30, 1996, and James L. Paulus, born October 6, 2000 (hereinafter referred to as "children"); and, WHEREAS, Jessica L. Jones is the natural mother of the children; and, WHEREAS, the fathers of the children do not reside with Mother and the natural fathers have no relationship with the children; and, WHEREAS, the Slaybaughs are the aunt and uncle of the children; and, WHEREAS, the children have been residing with the Slaybaughs since approximately December, 2007 ; and, WHEREAS, an Order of Court dated June 11, 2010 awards the parties shared legal custody with the Slaybaughs having primary physical custody; and, WHEREAS, as a result of the Slaybaughs inability to secure counseling services for the children without the consent of Mother, who is frequently unavailable, the parties are desirous of amending the existing custody Order to alleviate legal custody issues, especially with health care providers. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The Slaybaughs shall have sole legal custody of the.children, Ashley Welker, born July 30, 1996 and James L. Paulus, born October 6, 2000, as the term "sole legal custody" is defined in 23 Pa.C.S.A. section 5322(a). Sole legal custody means that the Slaybaughs alone shall make all decisions of importance in the life of the children, including but not limited to: all decisions regarding their health, mental health, education and religion. The Slaybaughs shall have access to all records and information pertaining to the children, including but not limited to, the children's school, medical, dental, vision, psychological/psychiatric and religious records and any other such important, personal records of the children. The Slaybaughs may alone consent to any medical treatment or psychological/psychiatric treatment for the children without the consent, participation or knowledge of Mother. 2. The Slaybaughs shall have primary physical custody of the children. Mother shall have physical custody of the children at such times as the parties from time to time agree. 3. The Slaybaughs shall not do anything which may estrange the children from the Mother, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the Mother. 4. The parties acknowledge that they have read and understand the provisions of this Agreement and agree that they are entering this Agreement freely and voluntarily. 5. No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the Court approves the p.roposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S.§5337. Wl N S. Al 6' Daron W. Slaybau L Date: -At E4 L ife Jlay�biugh �� Date: Jessica L. Jo es Date: convnonweaM of Petit --- county of cwnwl" On thl J day 0 tL Jk&3ICA L-JWF-6 A i known met or sadabctorw VnVAM)to be the Person whose names)Wwo ribsa#xd to the wid.hn kwnwm* and acknowledged that hOlOW)OW•WAOd the sow QMMQA=- JZU9tI§_l2_NNULVANlA for the Purposes thvelln cont*WWL NOT -ARIALSEAL in t- CAMELA J.MANGES,Notary Public Boro of Carlisle,Cumberland County My Commission Expires June 21,2014 DARON W. SLAYBAUGH and IN THE COURT OF COMMON PLEAS OF JENNIFER L. SLAYBAUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010-3372 C..) JESSICA L. JONES, CIVIL ACTION-LAW Defendant ztm rn M_-jl ;r� -V .V ORDER OF COURT E,-- AND NOW, this 'q' day of 2013, upon consideration of th-e< attached Custody Stipulation, the following Order of Court is entered with respect to Ashley M. Welker, born July 30, 1996, and James L. Paulus, born October 6, 2000 (hereinafter referred to as "children"): 1. The Slaybaughs shall have sole legal custody of the children, Ashley Welker, born July 30, 1996 and James L. Paulus, born October 6, 2000, as the term "sole legal custody" is defined in 23 Pa.C.S.A. section 5322(a). Sole legal custody means that the Slaybaughs alone shall make all decisions of importance in the life of the children, including but not limited to: all decisions regarding their health, mental health, education and religion. The Slaybaughs shall have access to all records and information pertaining to the children, including but not limited to, the children's school, medical, dental, vision, psychological/psychiatric and religious records and any other such important, personal records of the children. The Slaybaughs may alone consent to any medical treatment or psychological/psychiatric treatment for the children without the consent, participatioln,or knowledge of Mother. 2. The Slaybaughs shall have primary physical custody of the children. Mother shall have physical custody of the children at such times as the parties from time to time agree. 3. The Slaybaughs shall not do anything which may estrange the children from the Mother, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the Mother. 4. The parties acknowledge that they have read and understand the provisions of this Agreement and agree that they are entering this Agreement freely and voluntarily.. 5. No'party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S.§5337. BY THE COURT, Kevin A Hess, P.J. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 ,-, Jessica L. Jones 1825 State Road Duncannon, Pennsylvania 17020 C601 c-'s 91)