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Home My WebLink About10-3831 L~ ~ Q .~~t~ ~ 0 i~~ ~~~ ~ ~ Gl,~l!'~4 ~~ `~~i~~?1`l r~1•i~~~1'i.~ r'~,~d~i~ LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff; Timothy Michael McCaffrey, Sr. TIMOTHY MICHAEL MCCAFFREY, SR.,: IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL JEAN SANGER, :CIVIL ACTION -LAW Defendant :CUSTODY COMPLAINT FOR CUSTODY AND NOW, this ~ day of June, 2010, comes the Plaintiff above named, Timothy Michael McCaffrey, Sr., by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff, Timothy Michael McCaffrey, Sr., is an adult individual, who currently resides at 42 S. 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Crystal Jean Sanger, is an adult individual, who currently resides at 16 Hummel Avenue, Second Floor Front, Camp Hill, Cumberland County, Pennsylvania 17011. ~-~* 3673 ~3 G 7~ rQ- ~" 3. Plaintiff and Defendant are the natural parents of one child; namely: Timothy Michael McCaffrey, Jr., born August 2, 2001. 4. Plaintiff and Defendant are in agreement as to the entry of an Order regarding the custody of their son, Timothy Michael McCaffrey, Jr. 5. Plaintiff and Defendant desire to enter their Agreement as an Order of Court. 6. Plaintiff and Defendant have executed an Agreement regarding the custody of their son, and the same is being filed simultaneously with the filing of this Complaint. 7. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 8. The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 9. The Plaintiff does 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. 2 l0.The Court of Common Pleas of Cumberland County has jurisdiction in this matter as all parties reside in Cumberland County, Pennsylvania at this time. WHEREFORE, the Plaintiff, Timothy Michael McCaffrey, Sr., respectfully prays your Honorable Court to permit the entry of the Agreement of the Parties as an Order of Court. Respectfully submitted, BY: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 3 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ Timothy Micha cCaffrey, Sr. Date: d S~2 S ~ 1 b . ,~ _ , JUN 14 2010 JUN 1 ~ 20f0 LAW OFFICES OF DILS &DILS N DIANE M. DILS, ESQUIRE C ; o =ii Attorney LD. No. 71873 ~~ ~ ~ "^'' ~ ~. ~ ~,~ 1400 North Second Street, First Floor, Front ~~~ -_._ - - Harrisburg, PA 17102 -~, :~, ~, -~ .T, <> __. _ ,F , ' Telephone No. (717) 232-9724 ' f~~ : - --- ~ . c° "~ . , ~~ Attorney for Plaintiff, Timothy Michael McCaffrey, Sr. TIMOTHY MICHAEL MCCAFFREY, SR.,: IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL JEAN SANGER, :CIVIL ACTION -LAW Defendant :CUSTODY ORDER OF COURT AND NOW this /~~ a of u H ~ ,2010, it is hereby Ordered that f Y the attached Stipulation and Agreement of the Parties is incorporated herein and made a part of this Order of Court by reference. BY THE COURT: J. ~ribution: ,,/D' ne M. Dils, Esquire, 1400 N. Second Street, Hbg., Pa. 17102 /Crystal Jean Sanger 16 Hummel Avenue, 2nd Floor Front, Camp Hill, Pa. 17011 ~ ~s rr~~ G tu~tc~ ~_~ ,, LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 2010 Jui~ E 0 ~~l {~i~ I :i CUi~l~,f :~ ~::~UN~'Y Attorney for Plaintiff, Timothy Michael McCaffrey, Sr. TIMOTHY MICHAEL MCCAFFREY, SR.,: IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL JEAN BANGER, :CIVIL ACTION -LAW Defendant :CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this ~,~=~~ day of May, 2010, comes the above named parties and intending to be legally bound, do hereby agree to the following provisions regarding the custody of their son, Timothy Michael McCaffrey, Jr., born August 2, 2001: 1. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child'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 child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be 1 ,, of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party as a parent. 2. Commencing June 1, 2010, primary physical custody of the minor child, Timothy Michael McCaffrey, Jr., shall be in Father, Timothy Michael McCaffrey, Sr. 3. Mother and Father hereby acknowledge that Mother will be relocating to the State of Texas as of June 1, 2010 and the following partial custodial rights shall be afforded Mother while she is residing in the State of Texas: a. In the summer of 2010, Mother shall enjoy two (2) weeks of custody with her son in the State of Texas. Mother shall provide Father with a two (2) week advance notification of her desired weeks. Father shall be provided with an address, telephone number where the minor child will be residing during said period; b. Commencing the summer of 2011 and each summer thereafter, Mother shall enjoy partial custody of her son in the State of Texas from July 1 to August 15; 2 c. The holidays of Christmas and Easter shall be alternated between the parties with said holiday periods to commence the day after school is out until the day before school resumes. Mother shall enjoy Christmas in even years with the minor child in the State of Texas and Father shall enjoy Easter with the minor child. In odd years, Father shall enjoy Christmas and Mother shall enjoy Easter in the State of Texas. 4. The parties hereto acknowledge that it is their intent to work amicably with each other to afford additional periods of custody between Mother and child as they may mutually agree, and considering the child's school schedule, extracurricular activity schedule, and their finances. 5. Father hereby acknowledges that he will not unreasonably withhold the minor child from Mother. 6. Mother shall be responsible for the cost of air fare transportation of the minor child to and from the State of Texas. 7. Father shall be responsible for the cost of air fare transportation of any adult accompanying the minor child to and from the State of Texas. Father may choose any responsible adult to accompany the minor child. 8. If Father decides to drive the minor child to or from the State of Texas, Mother shall be responsible for the payment of actual expenses for gasoline and hotel accommodations; however, said expenses shall not exceed the costs of an airline ticket. 3 9. The parties hereto acknowledge their intent that this Agreement shall be made an Order of Court through the Court of Common Pleas of Cumberland County. 10. The parties hereby acknowledge their understanding that the provisions of this Agreement and Order may be modified at any time by mutual agreement. However, should the parties be unable to agree upon a modification, the provisions of this Agreement and Order shall be followed. 11. The parties hereto acknowledge their understanding that this Agreement and Order may be modified by either party filing a request for the same in the Court of Common Pleas of Cumberland County, and that said Cumberland County shall retain jurisdiction in this matter as Father and the minor child reside in Cumberland County, Pennsylvania. 12. The parties hereto agree that they shall provide the name, address, telephone number, and personal information of any person who shall have temporary custody of the minor child for a period of three hours or more, during their custodial periods, to the non-custodial parent. Said persons shall include any type of daycare provider or babysitter. 13. The parties hereto shall not imbibe in alcohol to excess or smoke cigarettes around the minor child, when they have custody. And to the extent possible, these provisions shall extend to third parties. 14. The parties shall refrain making derogatory comments about the other party in the presence of the child and to the extent possible, shall prevent third 4 parties from making such comments in the presence of the child or other harassment or interference with the parties' periods of partial custody. 15. It is the intention of the parties that the child be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior or violent propensities). The parties shall, to the extent possible, avoid contact with individuals of poor character. Violation of the provision set forth in this paragraph may be considered contempt. 16. Mother and Father hereto execute this Stipulation and Agreement voluntarily and without duress or coercion, and with the intent that the same shall become an Order of Court. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. (~~--- '~ (SEAL) Witn Timothy Michael cCa frey, Sr. ~,,~, (SEAL) Witness Crystal Jean Sanger 5