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HomeMy WebLinkAbout04-6352JOHN M. AUSTIN, PLaintiff YSo SHANNON L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the PLaintiff, JOHN M. AUSTIN, by his attorney, Samuel L. Andes, and makes the following CompLaint for Custody: 1. The PLaintiff is JOHN M. AUSTIN, an adult individual who resides at 534 Orrs Bridge Road, Camp HILL, CumberLand County, PennsyLvania. 2. The Defendant is SHANNON L. AUSTIN, an adult individual who resides at 5224 WoodLawn Drive, Harrisburg, Dauphin County, PennsyLvania. 3. The PLaintiff and Defendant are husband and wife, having been married on 17 December 2000 and separated on 18 November 2004. 4. The PLaintiff and Defendant are the parents of two minor children, Michael J. Austin, born JuLy 26, 2000, and Christopher J. Austin, born April 12, 2003 5. PLaintiff seeks an award of shared Legal and primary physical custody of the minor children, Michael J. Austin, born JuLy 26, 2000, and Christopher J. Austin, born April 12, 2003, or, in the alternative, of shared physical custody of the children. 6. The children were not born out of wedlock and are presently in the joint custody of the PLaintiff and Defendant. 7. Since the birth of the first child, the parties and the children have resided with the foLLowing persons at the foLLowing addresses: July, 2000 through sometime in mid-2001 Harrisburg, PA Sometime in mid- 2001 until mid- 2003 York Haven, PA Mid-2003 to 18 November 2004 534 Orrs Bridge Road Camp Hill, PA 17011 18 November 2004 to the present 534 Orrs Bridge Road Camp Hill, PA 17011 8. The father of the children is the Plaintiff who resides at He is married to the Defendant. Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant Primarily with Plaintiff the address set out above. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children when they are in his custody. 11. The Defendant is the natural mother of the children. Defendant currently resides with her parents, John and Lou Ann Sersch, her adult brother, Jason Sersch, her brother's girlfriend, whose name is not known to Plaintiff, and the children when they are with Defendant, all in a two-bedroom home. 12. Plaintiff has been advised that Defendant recently fi[ed a petition in custody before the Court of Common Pleas of Dauphin County, Pennsylvania, but he has not been served with or seen a copy of any document fi[ed in that action. The parties have agreed that Defendant will withdraw the Dauphin County action, because Cumberland County is the proper venue, and that the parties will proceed with this action only. 13. PLaintiff seeks an award of shared [esa[ and physical custody of the children in accordance with the order which is submitted contemporaneously with the fitin8 of this petition. He betieves that is in the best interests of the chitdren because the parties have asreed upon that schedule as what is best for their children. 14. Each parent whose parental rishts to the children have not been terminated and the person who has physicat custody of the children have been named as parties to this action. WHEREFORE action. , JOHN M. AUSTIN requests this Court to 8rant the relief requested in this 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). ("'7, , I ill'O L___ Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. AUSTIN, vs. CIVIL ACTION - LAW ;, - . '0 -r;4n'< NO. or.~35'.L LA.JU IN CUSTODY SHANNON L. AUSTIN, Defendant ORDER OF COURT I M"{Jf AND NOW, this \~ \~ day of ':\ 2J'>u '")~' 26e,4, based upon the stipulation of the parties and their counsel attached hereto, we hereby enter the following order in this matter: 1. Legal custody of the minor children, Michael J. Austin, born July 26, 2000, and Christopher J. Austin, born April 12, 2003, shall be shared by their parents, the Plaintiff, John M. Austin ("Father"), and the Defendant, Shannon L. Austin ("Mother"). The parties shall cooperate to make all major decision for the children and to promote the free exchange of information regarding all major decisions in the children's lives. 2. Father and Mother shall share physical custody of the children as follows: A. Each Monday and Tuesday the children will be with Mother from 8 a.m. until 4 p.m. and with Father from 4 p.m. until the following morning; and B. Every Wednesday the children shall be with Father from Wednesday morning until Thursday morning at 8 a.m. ,I ; ~ '-:; :! 1 ,,, " ''''f nO? 1\ ::' J'JUc. - C. Every week the children shall be with Mother from 8 a.m. on Thursday until 5 p.m. on Saturday. D. On alternating weeks, Father shall have custody of the children from 5 p.m. on Saturday until Monday morning at 8 a.m. for one week and the following week Mother shall have custody from 5 p.m. on Saturday until Monday morning at 8 a.m. 3. The parties will share physical custody of the children on all major holidays on terms and times as to be mutually agreed by the parties. 4. Each parent shall be entitled to have custody of the children for a minimum of two non-consecutive weeks each year for purposes of vacation, at such times and dates as the parties may mutually agree. 5. In the event the parties cannot agree upon the details of the holiday or vacation schedule, either party may petition the Court for further review of this matter and this Court will retain jurisdiction for such review. BY THE COURT, J. DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, 525 N. 12th Street, Lemoyne, PA 17043 ""/"~<-' Harry M. Baturin, Attorney for Defendant, 717 IN. 2nd Street, Harrisburg, PA 17102/'1n~ j./[".{J} -r-- II il r 11 '\ Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OFCUMaE~NDCOUNTY, PENNSYLVANIA .JOHN M. AUSTIN, vs. CIVIL ACTION. LAW SHANNON L. AUSTIN, Defendant NO. 0'1 G. 35'..2- IN CUSTODY S'TIPULATIO~ II agr~e th;lt th!:.'Court shaull:! enter the attached Order to ~,z.;olve the custody issues between I I AND NOW come the above-named parties, with their attorneys, and stipulate and the parties_ !3ro~~/)~' I Shannon L Austin I i II II I j /:- (~ ~ \: I...} LJh Sa I L Ande Attorney for Plaintiff 525 N. 12lh Street L~yne, PA 17043 ~fY\. ~ Harry M. Batunn Attorney for Defendant 717 N. Zl'd Street Harrisburg, PA 17102 , . (_l~ ~...}