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HomeMy WebLinkAbout02-0342ABIGAIL M. CAREY, Plaintiff Vo ERNEST R. CAREY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 19c~-~L]~-- Civil Term 2002 : : IN CUSTODY PETITION TO CONFIRM CUSTODY. 1. Plaintiff is Abilgail M. Carey, who currently resides at 800 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Ernest R. Carey, who currently resides at 1546 Long Run Road, Schuylkill Haven, Schuylkill County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following children: NAME Cameron Jacob Carey ADDRESS DOB 800 Burgners Road 3/14/00 Carlisle, Pa. 17013 The child was bom out of wedlock. The child is in the custody of: Abigail M. Carey, natural mother. During the past five years, the children have resided with the following persons and at the following addresses: NAME Abigail M. Carey Abigail M. Carey and Ernest R. Carey Abigail M. Carey and Ernest R. Carey ADDRESSES 800 Burgners Road Carlisle, Pa. 17013 142 N. Church Ave. Ephrata, Pa. 81 Millport Road Lititz, Pa. DATES 3/14/00 - June 2000. June 2000 - January 2001. January 2001 - July 2001. Abigail M. Carey and Ernest R. Carey 1546 Long Run Road Schuylkill Haven, Pa. July 2001 - January 3, 2002. Abigail M. Carey 800 Burgners Road Carlisle, Pa. January 3, 2002 - present. The mother of the children is: Abigail M. Carey, currently residing at: 800 Burgners Road, Carlisle, Pa. She is married to Ernest R. Carey. The father of the children is: Ernest R. Carey currently residing at: 1546 Long Run Road, Schuylkill Haven, Pan. He is married to Abigail M. Carey. 4. The relationship ofplaintiffto the children is that of Natural Mother. The plaintiff currently resides with her father, Samuel Miller. 5. The relationship of defendant to the children is that of Natural Father. The persons that the defendant currently resides with are: his mother. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: It would be in the best imerest of the child for Mother to have primary_ physical custody because: she can provide a stable home and has extensive family 0Jld resources in the area. She has also been the primary, caretaker of the child since birth. Mother dots not wish to deny regular visitations with Father but believes he is not suite0 for primary, custody due to his history_ of drug and alcohol abuse. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant primary custody of the children. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Plalnt~f ~ Date: Respectfully submitted, To:,6 sq re 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ABIGAIL M. CAREY PLAIN'I'II.'F V. ERNEST R. CAREY DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-342 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday,, January 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 22, 2002 at 1:30 PM 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. 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: /si [acaueline M. Vernev. Esa(~A R - ~ Custody Conciliat'o~ - 'J 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. IF 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 ABIGAIL M. CAREY, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 3/J & Civil Term 2002 ERNEST R. CAREY, : Defendant : IN CUSTODY CUSTODY AGREEMENT BETWEEN 'ABIGAIL M. CAREY AND ERNEST R. CAREY THIS AGREEMENT made and entered into this J'4]~ day of 41~9gl)~2002, by and between ABIGAIL M. CAREY of Carlisle, Pennsylvania, (hereinafter known as "Mother") and ERNEST R. CAREY of Schuylkill Haven, Pennsylania, (hereinafter known as "Father"). WHEREAS, Father and Mother are desirous of providing for the custody and visitation of their minor child, CAMERON JACOB CAREY, bom on March 14, 2000, hereinafter known as Child, and NOW, THIS AGREEMENT WITNESSETtt that the parties hereby expressly agree and state that, although it is possible to dissolve that relationship between the parties, it is not possible nor desirable to dissolve the parental relationship between the parties either as to the minor child, individually, or as to themselves. 1. CUSTODY AND VISITATION. A. Physical and Legal Custody. Mother shall have primary physical custody of the child. Mother and Father shall share legal custody of the child and shall make all major decisions concerning education, medical care, and spiritual upbringing. B. Medical care. The parent that has physical custody at the time may, on their signature alone, authorize emergency medical care for the minor Child, and authorize a physician, dentist or other medical person to care for said Child. Mother and Father shall contact each other immediately if there is a medical emergency requiring medical care and shall keep each other informed of any medical conditions or recommendations for care. C. Visitation. Father shall be entitled to liberal periods of visitation as the parties may agree. D. Transportation. The responsibility and cost of transportation shall be shared by the parties. 2. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 3. Applicable Law. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Any action regarding this custody agreement or its modification shall be brought in Cumberland County, Pennsylvania. 4. Binding Effect. This Agreement shall be binding upon the respective parties, their heirs, executors, administrators, successors, and assigns. 5. Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotitations between them. 1N WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written: Date: ~/~ I &-I~qES;F R. CARF~ Date: ~ J2J?Z Witness(J ABIGAIL M. CAREY, Plaintiff V. ERNEST R. CAREY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO..~q ~ Civil Term 2002 : : 1N CUSTODY ORDER AND NOW, this ~ ~ day of ~'C L t ,2002, having reviewed the agreement between the Mother and Father of Cameron Jacob Carey, dated February 4, 2002, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. MAR 1 5 OOZ' ABIGAIL M. CAREY, Plaintiff V. ERNEST R. CAREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-342 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of March, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, Jb~'quel~e M. Vemey, Esquire, Custody~Conciliato ABIGAIL M. CAREY, Plaintiff V. ERNEST R. CAREY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 342 Civil Term 2002 : IN CUSTODY CUSTODY AGREEMENT BETWEEN ABIGAIL M. CAREY AND ERNEST R. CAREY THIS AGREEMENT made and entered into this O~ ~day of ~-~xe~ ,2004, by and between ABIGAIL M.C. MILLER, formerly known as ABIGAIL M. CAREY, of Carlisle, Pennsylvania, (hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and ERNEST R. CAREY of Schuylkill Haven, Pennsylvania, (hereinafter referred to as "Father"), WHEREAS, Father and Mother are desirous of providing fi>r the custody and visitation of their minor child, CAMERON JACOB CAREY, born on March 14, 2000, hereinafter known as child, and NOW, THIS AGREEMENT WITNESSTH that the parties ihereby expressly agree and state that, although it is possible to dissolve that relationship between the parties, it is not possible nor desirable to dissolve the parental relationship between the parties either as to the minor child, individUally, or as to themselves. 1. CUSTODY AND VISITATION. A. Physical and Legal Custody. Mother shall have primaEy custody of the child. Mother shall have sole legal custody of the child. B. Medical Care. The parent that has physical custody at the time may, on their signature alone, authorize emergency medical care for the minor Child, and authorize a physician, dentist, or other medical person to care for said Child. Mother and Father shall contact each other immediately if there is a medical emergency requiring medical care and shall keep each other informed of any medical conditions or recomme~tdations for care. C. Visitation. Father shall be entitled to periods of visitation as the parties may mutually agree. The responsibility and cost of transportation shall be shared by the D. Transportation. parties. 2. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 3. Applicable Law. This agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. Any action regarding this custody agreement or its modification shall be brought in Cumberland County, Pennsylvania. 4. Binding effect. This agreement shall be binding upon the respective parties, their heirs, executors, administrators, successors, and assigns. 5. Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written: ~ - Wi .:SS :: I,/' PENNBYL.Vll R CAREY ' ; . G~,~m_~WEAL'rH O~ . Date: -- ~,_ ,/~_~ i~ -. Z. ANNE M. MY~P~, ~ ~ ABIGAIL M. CAKEY, Plaintiff V. ERNEST R. CAREY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 342 Civil Term 2002 : : IN CUSTODY ORDER AND NOW, this 29 ['~ Day of ~ o' ~ ,2004, having reviewed the agreement entered by Mother and Father on September 22, 2004 regarding Cameron Jacob Carey, in which the parties agreed that Mother shall have sole legal custody of the child and primary physical custody of the child, it is hereby ORDERED and DECREED that the full agreement shall be entered as an ORDER of Court.