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HomeMy WebLinkAbout04-3440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODNEY L. SHELLEMAN and BONNIE J. SHELLEMAN, Plaintiffs KIRK A. SHELLEMAN and CHRISTINA A. HENEGAR, Defendants CIVIL ACTION- LAW No. 2004- 3 ~,,/4"d~ /~.t~/ (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint for Custody and Notice are served, be enter/ng a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar trna orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: SADIS, SI-lUFF, FLOWER & LINT)SAY I,~Lfahdsay (~in~rich 9/laclay, EsqUire Attorney M~. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiffs SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODNEY L. SHELLEMAN and BONNIE J. SHELLEMAN, Plaintiffs KIRK A. SHELLEMAN and CHRISTINA A. HENEGAR, Defendants CIVIL ACTION - LAW No. 2004 - (In Custody) COMPLAINT FOR CUSTODY AND NOW, this _l~_?~day of July, 2004, come Plaintiffs, Rodney L, Shelleman and Bonnie J. Shelleman, by and through their attorneys, Saidis, Shuff, Flower & Lindsay, and file the following Complaint for Custody and in support thereof aver as follows: 1. Plaintiffs, Rodney L. Shelleman and Bonnie J. Shelleman, adult individuals, are the natural paternal grandparents of one minor child, namely, Dominique A. Shelleman (hereinafter referred to as "Dominique"), whose date of birth is March 2, 2004. 2. Plaintiffs currently reside with Dominique at 703 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Christina A. Henegar, an adult individual, is the natural mother of Dominique and she currently resides at 1055 Nam:oc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant, Kirk A. Shelleman, an adult individual, is the natural father of Dominique and he currently resides at 1055 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. SAIDI$ SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 5. The child was bom out of wedlock. 6. Plaintiffs have, for the most part, exemised primary physical custody of Dominique since May 12, 2004, including providing for his daily needs, support and care. 7. Plaintiffs have no information of any other custody proceeding concerning the child pending in any court of this Commonwealth. 8. Plaintiff does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the child. 10. The best interests and permanent welfare of the child will be best served by granting the relief requested because: a) b) c) d) The Plaintiffs, for the most part, have exercised primary physical custody of Dominique since May 12, 2004; Dominique has bonded with the Plaintiffs; Dominique is well-settled and well-cared for in the Plaintiffs' house; The Plaintiffs have provided monetary and emotional support for Dominique since his birth; e) The Defendants agree that it is in Dominique's best interest to remain in the physical custody of the Plaintiffs as evidenced by the executed Stipulation and Agreement for Custody, which was filed simultaneously with this Complaint, at the same term and number. WHEREFORE, Plaintiffs respectfully requests this Honorable Court execute the Order in the form attached to the Stipulation and Agreement for Custody, which is filed at the above-referenced docket number. Respectfully Submitted, SA1DIS, SHUFF, FLOWER & LINDSAY By: ~i~/~j/~iy,~s ~re~ -- Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiffs SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. odneyShelleman onnie J. Shelle[nan SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODNEY L. SHELLEMAN and BONNIE J. SHELLEMAN, Plaintiff~ CIVIL ACTION - LAW v. No. 2004- 3qq0 KIRK A. SHELLEMAN and CHRISTINA A. HENEGAR, Defendants (In Custody) STIPULATION AND AGREEMENT FOR CUSTODY/GUARDIANSHIP THIS STIPULATION AND AGREEMENT FOR CUSTODY/GUARDIANSHIP is entered into this _j,~_~ day of _ ~"~ , 2004, by and between Rodney and Bonnie Shelleman (hereinafter referred to as "Grandparents") and Christina A. Henegar (hereinafter referred to as "Natural Mother") and Kirk A. Shelleman (hereinafter referred to as "Natural Father") (hereinafter collectively referred to as the "Parents"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Plaintiffs are the maternal grandparents of one minor child, namely, Dominique A. Shelleman (hereinafter referred to as the "Child"), whose date of birth is March 2, 2004; and WHEREAS, Christina A. Henegar, the Natural Mother of the Child, currently resides with Kirk A. Shelleman, the Natural Father of the Child in Mechanicsburg, Pennsylvania; and WHEREAS, the Child has been in the custody of the Grandparents since May 12, 2004, when the Parents asked the Grandparents to take custody of the Child; and WHEREAS, the Child has developed a strong bond with the Grandparents; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREAS, the Natural Mother admits that she is currently unable to care for the Child without the assistance of Natural Father; and WHEREAS, the Natural Father works and is unable to care for the Child while at work; and WHEREAS, the Grandparents are currently providing financial and emotional support to the Child; and WHEREAS, the parties now wish to enter into a Stipulation and Agreement for Custody/Guardianship of the Child. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1) The Grandparents and Parents shall share legal custody of the Child. Legal custody means the right of parents (in this case, the grandparents and parents) to control decisions of importance in the life of the Child, including educational, medical, and religious decisions. Upon request of one of the parties hereto, each party will ensure that all other parties are provided with equal access to the Child's school, medical, dental, and other important records. Each party shall notify all other parties of any medical, dental, optical and other appointments that the Child may have with health care providers, sufficiently in advance thereof so that all other parties can attend, if he or she so chooses. SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA All non-major decisions involving the Child's day-to-day living shall be made by the party then having custody of the Child and shall be consistent with the other provisions of this Stipulation. Through granting shared legal custody to the Grandparents, the Parents specifically grant the Grandparents the authority to seek and obtain medical, dental, optical and/or psychological treatment for the Child. Additionally, the Parents specifically grant the Grandparents the authority to authorize treatment and make medical decisions on behalf of the Child. 2) Physical custody of the Child, as that term is defined in the Custody Act, shall be primarily with the Grandparents, however, it shall be subject to the Natural Parents' periods of partial custody/visitation as agreed to by the parties hereto. Natural Mother is not to exercise period,.of partial custody of the Child without Natural Father being home with her, until such time as all parties hereto deem her mentally able to adequately care for the Child on her own. 3) Unless all parties are in agreement, neither Parent will remove the Child from this Court's Jurisdiction. In the event that all parties are in agreement to one or both of the Parents removing the Child from this Court's Jurisdiction, the Parent will provide advance notice to all other parties of their itinerary and their contact information while away. 4) As the Grandparents arc providing sole monetary and emotional support for the Child, the Natural Parents desire that the Grandparents bc appointed legal guardian of the Child. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 5) All parties are expected to use common sense in scheduling telephone calls to talk to the Child. All parties and/or their spouses are hereby directed to refrain from preventing the Natural Parent/Grandparent who may be calling, from talking to the Child, or preventing the Child from calling the Natural Parent/Grandparent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the then-custodial parties period of custody. 6) Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parties. No party shall do, nor shall any party permit any third person to do or say anything which may estrange the Child from the Natural Parents/Grandparents, their spouse or relatives, or injure the Child's opinion of any party or which may hamper the free and natural development of the Child's love, affection and respect for the Natural Parent/Grandparent. The parties shall not use the Child to convey verbal messages to the Natural Parents/Grandparents about the custody situation or changes in the custody schedule. 7) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by any party hereto. 8) Emergency decisions regarding the Child shall be made by the Natural Parent/Grandparent(s) then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party/ies by telephone or any other means practical, informing the other party/ies of the nature of the illness or emergency. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 9) The welfhre and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. All parties are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 10) The parties are free to orally modify the terms of this Stipulation, but in order to do so, all parties must be in complete agreement to any new terms. 11) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with the other parties hereto. 12) Any major, long-term modifications of this Stipulation need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by all parties. In the event that any party is not in agreement with a proposed change, this Stipulation will control the custodial arrangement until such time as the parties are able to agree. 13) The parties agree that this Stipulation and Agreement shall be evidenced by Order of Court. 14) The parties further agree that this Court shall retain jurisdiction in this matter. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 15) The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Grandparents are represented by Saidis, Shuff, Flower and Lindsay and the Natural Parents have been advised that he/she may be represented by counsel of choice. The Natural Parents have each, respectively, waived this right. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, if any, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. IN WITNESS WHEREOF, the parties and their respective witnesses have their hands and seals this _ [~ day of W~ ITNES~SES: ~ ~') / L.~aqsay Gin~6h m~clay, Ei. qJaire C'~tt) m~ey fo r 'P'l ainti frs ~ [~J~ih(dsay Gip.~¥ch' h M~:lay, Eg~uire Attorney for Plaintiffs ,2004. Kirk A. Shelleman, Natural Father SA1DIS SHUFF, FLOWER & LINDSAY 26 W. High Street JUL 1 6 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODNEY L. SHELLEMAN and BONNIE J. SHELLEMAN, Plaintiffs KIRK A. SHELLEMAN and CHRISTINA A. HENEGAR, Defendants CIVIL ACTION - LAW No. 2004-~qq0 (In Custody) ORDER. ~. 2004, upon presentation and AND NOW, this _?~2 ~day of_ ~ ~1 [_.]_ , consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Stipulation and Agreement for Custody/Guardianship is made on Order of Court. BY THE COURT, ,J.