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HomeMy WebLinkAbout01-1611TI-I ERESA D. SHOENBERGER, PETITIONER DALE M. EURICH, RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. o1./~ ,~/ CIVIL TERM : IN CUST(~DY PETITION FOR CUSTODY AND NOW, this 20th day of March 2001, comes the Petitioner, Theresa D. Shoenberger, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The petitioner is Theresa D. Shoenberger, an adult irtdividual residing at 182 CME, Newville, Cumberland County, Pennsylvania 17241. The respondent is Dale M. Eurich, an adult individual residing at 327 Stoner Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. The parties are the natural parents of one minor child, namely, Amber N. Warnock, bom October 19, 1991, age nine (9). Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. By: Respectfully submitted, IRWIN, McKN/IG]~T & HUGHES Marcus/~. McKni~h~-III~quire Attorney for Petitioner, Theresa D. Shoenberger 60 West Pomfi:et Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March 20, 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. THERESA D. SHOENBERGEI~ Date: ~t~Rc8 20~ ,2001 0 THERESA D. SHOENBERGER : PLAINTIFF : V. DALE M. EURICH : DEFENDANT ' 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1611 CIVIL, ACTION LAW IN CUSTODY AND NOW, Friday, March 23, 2001 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before.lacqueline M. Verney, E_sq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 25, 2001 at 2:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ ]acqueline M, Verney. Esq.~) Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available 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 SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 THERESA D. SHOENBERGER, Plaintiff DALE M. EURICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 2001-1611 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this O~day of l/I/~t~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Theresa D. Shoenberger, and the Father, Dale M. Eurich, shall have shared legal custody of Amber N. Wamock, bom October 19, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 ~md religion. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:30 p.m. to Sunday at 6:30 p.m., except during summer school vacation the Su~aday time shall be 8:30 p.m. B. Two non-consecutive weeks during the summer, with Father providing Mother with thirty (30) days prior notice. C. Father's birthday and Father's Day. 4. The parties shall alternate the Christmas holiday. Block A shall be from 12:00 Noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day until 12:00 Noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 5. The parties shall alternate the following holidays Memorial Day, July 4, Labor Day, Thanksgiving and Easter. ' 6. Father shall provide Mother with twenty-four (24) hour notice of cancellation of his partial custody, unless a family emergency arises. 7. The party receiving custody shall provide transportation. 8. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 9. Neither parent shall do or say anything nor [et anyone in the child's presence to say or do anything that may estrange the child ii'om the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 10. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. 11. To the maximum possible extent, the parties shall deal directly with each other on matters concerning the child, rather than communicating through third parties or the child. 12. This Order is entered pursuant to an agreement of the parties at 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. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother John M. Glace, Esquire, Counsel for Father THERESA D. SHOENBERGER, Plaintiff V= DALE M. EURICH, Defendant PR/OR JUDGE: None : IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY,PENNSYLVANIA : 2001-1611 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPOR I' IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amber N. Warnock October 19, 1991 Mother 2. A Conciliation Conference was held in this matter on May 23,2001, with the following individuals in attendance: The Mother, Theresa D. Shnenberger, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Dale M. Eurich, with his counsel, John M. Glace, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ~acqu~ine M. V-~ey, Esquire Custody Conciliator