Loading...
HomeMy WebLinkAbout04-3096GAlL L. SCHUCHART, Plaintiff VS, ERIC A. SCHUCHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, GAlL L, SCHUCHART, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is GAlL L. SCHUCHART, an adult individual who resides at 232 Constitutional Court in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is ERIC A. SCHUCHART, an adult individual who resides in Carlisle, Cumberland County, Pennsylvania. ) 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Madison L. Schuchart, born 19 October 1997, and Hannah L. Schuchart, born 30 March 1999. 5. Plaintiff seeks an award of shared legal custody, primary physical custody to her, and substantial periods of time of temporary custody for the Defendant. 6. The children were not born out of wedlock end at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor children have resided with the following persons at the following addresses: March 1999 to January 2003 January 2003 to July 2003 July 2003 to September 2003 3680 Valley View Drive Chambersburg, PA 472 Mower Road Chambersburg, PA 10 Makenzee Drive Carlisle, PA 17013 Plaintiff & Defendant Plaintiff & Defendant Plaintiff & Defendant September 2003 to February 2004 232 Constitutional Court Plaintiff only Mechanicsburg, PA Note: Although the children resided primarily with Mother they spent substantial time with the Father at the Carlisle address, February 2004 to May 2004 May 2004 to present 10 Makenzee Drive Carlisle, Pa 17013 Plaintiff & Defendant 232 Constitutional Court Mechanicsburg, PA Plaintiff only 8. The mother of the children is tl~e Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural father of the children. Defendant currently resides alone at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. The parties have worked out the terms of a custody arrangement which they both believe will be beneficial to the children and need to have an order entered to implement that agreement. B. The agreement worked out by the parties will allow both of them to maintain a close relationship with the child'rem C. The parties are able to cooperate and, therefore, the arrangements to which they have agreed should benefit everyone. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, GAlL L. SCHUCHART, requests this Court to grant her custody of the children, Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct, I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: GAlL L. SCHUCHART GAlL L. SCHUCHART, Plaintiff VS, ERIC A. SCHUCHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~Z.//, ..~0.::~'~ IN CUSTODY STIPULATION FOR CUSTODY AND NOW come the above-named parties, and stipulate and agree to the entry of a custody order which shall provide as follows: 1. The Plaintiff Gall L. Schuchart and the Defendant Eric A. Schuchart shall share legal custody of their minor children, Madison L. Schuchart, born October 19, 1997 and Hannah L. Schuchart, born March 30, 1999. The parents shall cooperate with each other in making all significant decisions for the children including their health care, religious training, and education. 2. The parties shall have physical custody of the children on the following schedule: A. Father shall have physical custody of the children for twelve days each month, on a schedule to be determined by the mutual agreement of the parties. B. Mother shall have physical custody of the children all other times. C. The parties shall arrange for time with the children on holidays, birthdays, and other special occasions my mutual agreement. The parties acknowledge that this stipulation shall be entered as an order of court by the Court of Common Pleas of Cumberland County and hereby stipulate and agree to the entry of such order. IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of {~-~/~. , 2004. GAlL L. SCHUCHART ERIC A. SCHUC-'~i~RT GAlL L. SCHUCHART, Plaintiff VS, ERIC A. SCHUCHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this ~ day of~ ~j~ [~r-~ -- ~ -, 2004, upon the attached Stipulation of the parties, we hereby order and decree as follows: 1. The Plaintiff Gall L. Schuchart and the Defendant Eric A. Schuchart shall share legal custody of their minor children, Madison L. Schuchart, born October 19, 1997 and Hannah L. Schuchart, born March 30, 1999. The parents shall cooperate with each other in making all significant decisions for the children including their health care, religious training, and education. 2. The parties shall have physical custody of the children on the following schedule: A. Father shall have physical custody of the children for twelve days each month, on a schedule to be determined by the mutual agreement of the parties. B. Mother shall have physical custody of the children all other times. C. The parties shall arrange for time with the children on holidays, birthdays, and other special occasions my mutual agreement. The parties acknowledge that this stipulation shall be entered as an order of court by the Court of Common Pleas of Cumberland County and hereby stipulate and agree to the entry of such order. BY THE COURT,