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HomeMy WebLinkAbout04-6098KIMBERLY A. SEELY, Plaintiff V. THOMAS G. SEELY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · No. 0/1[- 6 oq 5{ Civil Term : : IN CUSTODY PETITION FOR CUSTODY 1. Plaintiff is Kimbefly A. Seely who currently resides at 640 Mountain Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant works in Hanover and is currently believed to reside in Hanover, and whose mailing address is: 860 Gitts Run Road, Hanover, York County, Pennsylvania, 17331. 3. Plaintiff seeks a custody order regarding the following children: NAME DOB ADDRESS Amanda Lynn Seely 10/13/97 640 Mountain Road Newville, Pa. 17241 Kyle Xavier Seely 10/26/93 640 Mountain Road Newville, Pa. 17241 These children were adopted by plaintiff and defendant on September 8, 2003. Plaintiff and Defendant currently share legal custody of the children and Plaintiff has primary physical custody of the children· The children have resided with the following persons and at the following addresses during the past five years: NAME ADDRESSES DATES Kimberly A. Seely 640 Mountain Road Newville, Pa. 17241 9/4/04 - present Kimberly A. Seely Thomas G. Seely 640 Mountain Road Newville, Pa. 17241 August 2001 - 9/4/04. The children were adopted by Kimberly A. Seely and Thomas G. Seely on September 8, 2003. Prior to August 2001, the children lived with their natural mother in York County, Pennsylvania, and in various foster placements. The mother of the child is Kimberly A. Seely, currently living at 640 Mountain Road, Newville, Pa. 17241. She is married to Thomas G. Seely. The father of the children is: Thomas G. Seely, who currently resides in York County, Pennsylvania. His exact address is unknown. He is married to Kimberly A. Seely. 4. The relationship of plaintiff to the children is that of Mother. The Plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of Father. The persons that the defendant currently resides with are unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of the children in this or another court. However, Plaintiff and Defendant were foster parents for the children, and they adopted the children on September 8, 2003. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanem welfare of the child will be served by granting the relief requested because: Mother has been the primary caretaker of the children since August 2001 and is in the best position to maintain primary physical custody and provide continued stability for the children. 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 custody of the child and enter their agreement as an Order of Court. Date: Respectfully submitted, ~squir~ i. Dt No. 79465 36/South Pitt Street C/Arlisle, Pa. 17013 '~'(717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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. Kimberly A. Se~fy, PlaintiffF_.J WILLIAM A. ETSWEILER, Plaintiff VS, DIANE M. ETSWEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT IN CUSTODY ~'~' ' ~'~ AND NOW comes the Plaintiff, WILLIAM A. ETSWEILER, by his attorneY,. ~u~,.. ~..L' ~ndes, and makos tho followin~ Complaint for Custodg: 1. The Plaintiff is WILLIAM A. ETSWEILER, an adult individual who resides at 260 Skyline View Drive in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is DIANE M. ETSWEILER, an adult individual who resides at 260 Skyline View Drive in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 28 December 1991. 4. The Plaintiff and Defendant are the parents of two minor children, Ulrich W. Etsweiler, age 11, born 24 June 1993, and Rainer P. Estsweiler, age 8, born 8 July 1996. 5. Plaintiff wishes for the parties to share legal and physical custody of the children and the parties have agreed to do that. Plaintiff requests this court enter the order attached to the parties' Stipulation which will be filed with this petition. 6. The children were not born out of wedlock and 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: 1993 to present 260 Skyline View Drive Carlisle, Pa 17013 Plaintiff & Defendant 8. The father of the children is the Plaintiff who resides at the address set out above. 9. The mother of the children is the Defendant who resides at the address set out above. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural mother of the children. Defendant currently resides with the children 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. 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, Plaintiff asks this court to award the parties shared and legal custody of their minor children in accordance with their Stipulation. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12TM 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: KIMBERLY A. SEELY, plaintiff V. THOMAS G. SEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · No. 8'-- -' r- r2~, ? : IN CUSTODY ~ .... STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this O day of ~'~/L~~-'" by and between KIMBERLY A. SEELY, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania, and THOMAS G. SEELY, (Hereinafter referred to as "Father"), of Hanover, York County, Pennsylvania; WHEREAS, Mother and Father are the parents of two minor children, namely, Amanda Lynn Seely, date of birth, October 13, 1997, and; Kyle Xavier Seely, date o£birth, October 26, 1993; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Heating. There is no previous Order of Court concerning the children. zooC NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Le~,al Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial custody of the children as follows: A. Father shall have a block of time with the children every other weekend, beginning Friday afternoon, or after school, when school is in session. This block of time shall last until Sunday evening. B. Father shall be entitled to an additional block of time with the children on Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. C. Father shall have additional times with the children as the parties mutually agree. D. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ten) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of twenty-four (24) hours, and for each person or entity which may provide daycare for the children. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a 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. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. Each parties shall ensure that the children are properly supervised during their period of custody. If a party is unable to provide direct supervision for the children, during their period of custody, that party shall make sure that another competent adult is supervising the children or contact the other party to request that they resume custody. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties arc free to modify thc terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court heating. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Kimberly A. Sealy, Plaintiff (717) 245-8508 Attorney for Mother COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBER, LAND ) n O this, the7 dayof~ ,20{~eforeme, the undersigned officer, personally appeared KIMBERLY A. SEELY, kr own to me~ ~or satisfactorily proven) to be the person whose name is subscribed to the within instrumentl Cd ackno~,ledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set~vjq~and official~se~ f ~X~M~~F PJ~NNSYLVANi~ y C~ss~ ~ ~ 6, ~ Notary Public My commission expires: s THOMAS G. SEELY, COMMONWEALTH OF PENNSYLVANIA ) ):SS this, the day ~3'~ , ~,, before me, the undersigned officer, personally On appeared THOMAS G. SEELY, known to me, ~or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my~ltand and official seal. Notary Public / My commission expires: SEAL Notarial Se, al Pamela L. Rockwell. Notary Public Hanover Boro, York County My Cornmi~ion Expirt~ Oct. 31, 2005 Member, Pennsylvania Association o! Notaries JAN 1 2 200S;Y KIMBERLY A.SEELY, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS G. SEELY, Defendant NO. 04-60'~8 IN CUSTODY COURT ORDER ,;; AND NOW, this 1/ day of Jannary, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. @~y Custody Con{:' , , " I ',' . - - : I " ! ~\}r SGGl ,1,t.,N 1 2 200SYYJ KIMBERL Y A. SEELY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04 - 6098 Civil Term THOMAS G. SEELY, Defendant : IN CUSTODY ORDER AND NOW, this I" . day of (,;....,., , 2005, having reviewed the attached agreement between the parties dated JanuaIY 3, 2005, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. J. -44- cc: John James Mooney, III, Esquire, for father Jane Adams, Esquire, for mother )~~ . ~e.-d. 1- /f:tJ{ (--r' -zS :\\ ",';e'ril't ;,\ \ \":',"\ :,'j)' .----------