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HomeMy WebLinkAbout05-4411 [). Michael A. Hynurn, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. DS-:- L{Lf II ~ SHERRY GROSS Plaintiff JENNIFER YOUNG Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is SHERRY GROSS, residing at 424 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is JENNIFER YOUNG, residing at PO Box 408, Mifflin, Mifflin County, Pennsylvania 17058. 3. Plaintiff seeks custody of the following child: Draven B. Arnett 424 Seventh Street New Cumberland, PA 17070 Age 7, DOB: 5/15/98 The child was born out of wedlock. The child is presently in the custody of Sherry Gross, who resides at 424 Seventh Street, New Cumberland, PA 17070. 4. Since birth, the child has resided with the following persons and at the following addresses: Grandparents John & Sherry Gross 424 Seventh Street May 1998 - present New Cumberland, PA 170707 The mother of the child is Jennifer Young, who is residing at PO Box 408, Mifflin, Mifflin County, Pennsylvania 17068. She is the Plaintiff's daughter. The parental rights of the father of the child have been terminated. 4. The relationship of Plaintiff to the child is that of grandmother. The Plaintiff currently lives with her husband, John Gross and the child. 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Corvin Young, her son. 6. Plaintiff participated as a witness concerning the custody of the child in this court during the termination of the father's parental rights. Plaintiff has not participated as a party or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in another court of this Cornmonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the West Shore School District will not allow the child to attend school in the district without a court order granting legal custody to one or both grandparents because the child's mother lives out of the school district. 10. 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. There are no other persons known to Plaintiff who are known to have or claim a right to custody or visitation of the child. WHEREFORE. Plaintiff requests this Honorable Court grant custody of the child, DRAVEN B. ARNETT. to her. Respectfully submitted, ~~c6 ~~ Michael A. Hynum, Es Ir Supreme Court ID #85 92 151 Reno Ave.. Suite 2 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dol' '6~( os- S~~Rg,~ CERTIFICATE OF SERVICE On this d!;o day of August, 2005, I certify that a copy of the foregoing COMPLAINT FOR CUSTODY was served upon the Defendant by personal service and by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Jennifer Young PO Box 408 Mifflin, PA 17058 M chael A. Hynum, sq r Supreme Court ID #856 2 151 Reno Ave., Suite 2 New Cumberland, PA 17 (717) 774-1357 Attorney for Plaintiff ~ ~ \\~ .......... ~ """- "'-. ., 0 --:. ..j G'--, - -..t\ ~ V', V- I:::> I' ....' {;:~;} c'::;' (~'1 o -11 ~~ rn~ _ c:: ."" .~,~; -,.0 ::jn1 ~~~ ~)J ...:; f'.> 0> --;,J '2 00 SHERRY GROSS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. v. JENNIFER YOUNG Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY AND VISITATION STIPULATION AND AGREEMENT AND NOW, this ~ day of ~, 2005 It IS agreed by and between Sherry Gross, Plaintiff (Gran r) and Jennifer Young, Defendant (Mother), that the Court enter a custody de ination and order that Sherry Gross have physical custody of Draven B. Arnett (child). It is further agreed by and between the parties that: I. Legal Custody of the child shall be with Sherry Gross. In the exercise of this legal custody, the she will have authority to make the following major decisions involving the welfare of the child: (1) The selection of any professional child-care facility or provider, or any preschool. (2) The selection of any primary or secondary school that the child shall attend. (3) The selection of religion, church membership, or any program of religious or ethical training. (4) The provision of non-emergency health care. It is agreed by the parties that the general well-being of the child is of paramount importance. On all matters relating to the basic decisions concerning the residence, health, education, discipline, and other aspects of the welfare of the child, grandmother shall have decision-making authority. All authority and responsibility for decision-making concerning the child shall rest with Grandmother. II. Partial Custody Rights Mother (Defendant) shall have rights to visitation with the minor child as follows: (I) From time to time as agreed upon by the parties. Grandmother and mother agree that they will equitably share transportation of the child to and from periods of visitation with the other party. Notice of Changed Plans Should mother be unable to exercise visitation on any particular occasion, she shall notify grandmother within a reasonable amount of time before the time for visitation. Any inability or other failure to exercise visitation shall not be considered a waiver of any right to visitation as set forth in this agreement. However, should mother regularly fail to exercise visitation rights during any period as authorized in this schedule, she shall give reasonable notice before again exercising visitation during that period. In the absence of this notice, grandmother shall not be obligated to permit the exercise visitation. Modification of Schedule The parties may agree at any time to extend or to reduce this schedule. However, if at any time the parties fail to agree on the extent, instances, or times of visitation, either party may give notice to the other that visitation shall be re-instituted strictly in accordance with the schedule as set forth in this Paragraph. III. Disparagement Prohibited The parties agree that neither will in any way interfere with the maintenance of the love and affection between the child and the other party. Neither will do anything to obstruct the reasonable communication between the child and the other parent by letter, telephone, electronic mail, or other method. Neither will ever speak negatively about the other either to or in front of the child. Rather, each will at all times encourage the development and continuation of a caring parental relationship between the child and the other party. IV. Drugs & Alcohol Both parties agree that they will not consume alcoholic beverages to the point of intoxication during their custody or visitation periods with the child. Additionally, both parties agree that they will not use illegal drugs or controlled substances during their custodial or visitation periods with the child. IV. During periods of visitation, the non-custodial parent shall have the right to regular and reasonable telephone access to the child without interference from the custodial party. V. The Parties agree that grandmother shall be entitled to claim the dependency exemption for the child under the Internal Revenue Tax Code on her tax returns for all taxable years commencing in tax year 2005. -41'~~:L e4I) PlaintiID dmother t2~~a~~~ Witness n .-> c-_ r.:;:':') 0 <.;:;:.~ eJ1 -n :r.~,.. :;:l c: 61 ,., l..-) r::::.:. r,) ~.~ en 0'\ 'y ,~) -n .:.n -,.'~ ;c. (--) - en (-:? ,. ---~ -"1 :IS .~< -' -< :rRECEIVED AUG 26 ZOl5 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. US / '-fl.fll ~ SHERRY GROSS Plaintiff JENNIFER YOUNG Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this -.UJ......\.ctay of August, 2005, in consideration of the Annexed Custody and Visitation Stipulation and Agreement, it is ORDERED that said Stipulation and Agreement is adopted as and ORDER OF COURT. Legal custody of Draven B. Arnett is GRANTED to his grandmother, Sherry Gross By the Court J. Copy ~!V~ \0 rn,~o..e) /~nurv1 [1- ~Of{ M;,lod r<> J(l(Str {{}v\7 Zi :S IU 9Z snv SUUz 1 >.1'~IIC',....:~ ,,(".J.' :JUi' ..10 f\uif~~ ,I ,\,.,!, ",",../,-,Q ....., .... 3~J~d:Jl:-)-(j:il\j SHERRY GROSS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA /"O~ NO. 05- tt'f/l ~ Plaintiff v. JENNIFER YOUNG Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY AND VISITATION STIPULATION AND AGREEMENT AND NOW, this $ day of f;, 2005 It IS agreed by and between Sherry Gross, Plaintiff (Grand t ) and Jennifer Young, Defendant (Mother), that the Court enter a custody de ination and order that Sherry Gross have physical custody of Draven B. Arnett (child). It is further agreed by and between the parties that: I. Legal Custody of the child shall be with Sherry Gross. In the exercise of this legal custody, the she will have authority to make the following major decisions involving the welfare of the child: (I) The selection of any professional child-care facility or provider, or any preschool. (2) The selection of any primary or secondary school that the child shall attend. (3) The selection of religion, church membership, or any program of religious or ethical trairring. (4) The provision of non-emergency health care. It is agreed by the parties that the general well-being of the child is of paramount importance. On all matters relating to the basic decisions concerning the residence, health, education, discipline, and other aspects of the welfare of the child, grandmother shall have decision.making authority. All authority and responsibility for decision-making concerning the child shall rest with Grandmother. II. Partial Custody Rights Mother (Defendant) shall have rights to visitation with the minor child as follows: (I) From time to time as agreed upon by the parties. Grandmother and mother agree that they will equitably share transportation of the child to and from periods of visitation with the other party. Notice of Changed Plans Should mother be unable to exercise visitation on any particular occasion, she shall notify grandmother within a reasonable amount of time before the time for visitation. Any inability or other failure to exercise visitation shall not be considered a waiver of any right to visitation as set forth in this agreement. However, should mother regularly fail to exercise visitation rights during any period as authorized in this schedule, she shall give reasonable notice before again exercising visitation during that period. In the absence of this notice, grandmother shall not be obligated to permit the exercise visitation. Modification of Schedule The parties may agree at any time to extend or to reduce this schedule. However, if at any time the parties fail to agree on the extent, instances, or times of visitation, either party may give notice to the other that visitation shall be re-instituted strictly in accordance with the schedule as set forth in this Paragraph. III. Disparagement Prohibited The parties agree that neither will in any way interfere with the maintenance of the love and affection between the child and the other party. Neither will do anything to obstruct the reasonable communication between the child and the other parent by letter, telephone, electronic mail, or other method. Neither will ever speak negatively about the other either to or in front of the child. Rather, each will at all times encourage the development and continuation of a caring parental relationship between the child and the other party. IV. Drugs & Alcohol Both parties agree that they will not conSlUlle alcoholic beverages to the point of intoxication during their custody or visitation periods with the child. Additionally, both parties agree that they will not use illegal drugs or controlled substances during their custodial or visitation periods with the child. IV. During periods of visitation, the non-custodial parent shall have the right to regular and reasonable telephone access to the child without interference from the custodial party. V. The Parties agree that grandmother shall be entitled to claim the dependency exemption for the child under the Internal Revenue Tax Code on her tax returns for all taxable years commencing in tax year 2005. 4'~~A.wJ!) Plaintiff! dmother Witness *f~~~~ '1 n ...., r..-;::) a c: .:,;;) -n e..n ~~~- ::;1 ....-""'T1 C;, r11f;;':::' r.' ~0 eG C\ '~ ~- -' ' (,'J -\'"1 " -r, .. -"1 ::"~ ':.;2 F; rn (-::) . "-'( S5 -' -< t" \I'