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Home My WebLink About05-6359 C;-i [(c ~/. Grz, ?,.{/;./"./-;-~ F/-::- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO, Ct'l- {.;35} Clv,1 v _S;';/1c,J,J C:;/'L : CIVIL ACTION - LAW : CHILD CUSTODY .---~ L- /- .!- A-~.'U"" .;-~</;- 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 and Notice are served, by entering 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 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CHERYL COPE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SHAWN COPE, Defendant CNIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Cheryl Cope, residing at 131 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 2. The Defendant is Shawn Cope, residing at 25 Falcon Court, Mechanicsburg, CumberlandCounty, Pennsylvania. 3. The Plaintiff seeks shared legal and physical custody of the following child: NAME PRESENT RESIDENCE AGE Kyle B. Cope 131 North Market Street Mechanicsburg, P A 9 years The child was born out of wedlock. The child is presently in the physical custody of Cheryl Cope, who resides at 131 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. During the past five (5) years, the child had resided with the following persons and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) (DATES) Shawn Cope 607 A Geneva Drive 2000 through 2004 Mechanicsburg, P A The father of the child is Shawn Cope, currently residing at 25 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is paternal grandmother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Kyle B. Cope grandson Stacey Cope daughter Stephanie Cope daughter 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Monica Parko Significant Other 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court with the exception of the matter of Shawn Cope v. Nicole L. Wetzel, Cumberland County Court of Common Pleas No. 97-039 Civil Term, in which litigation Defendant was awarded sole 2 physical and legal custody of the minor child. The minor child's natural mother, Nicole L. Wetzel, has not had any contact with the minor child since his birth in 1996. Plaintiff does not have any knowledge of the physical whereabouts of the natural mother. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff has been the primary caretaker of the child, the child has several physical disabilities which both Plaintiff and Defendant have shared the responsibility for obtaining care for the child, the Plaintiff has health and medical insurance which insurance can provide coverage to the minor child to pay for the cost of attending the minor child's physical maladies, can provide a stable, safe, and secure environment and can provide for the child's emotional, psychological and spiritual needs, Further, the child views the Plaintiff as a source of stability, a source of love, and a source of emotional support. 3 WHEREFORE, Plaintiff requests the Court to grant shared and legal custody of the child to the Plaintiff with Plaintiff being granted primary physical custody subject to Defendant's rights of partial custody, Respectfully submitted, Date: l~/;~f)'" ICOFF, P.C. or an . Cunningham, Esquire !.D. 3144 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:IHOMEIAHEWlTl\DOCSIA-CICOPECHERICUSTODY\COMPLA12, WPD 4 VERIFICATION The undersigned, Cheryl Cope, verifies that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. S4904, relating to unsworn falsification to authorities. (')~ 0 ..9- (~~pO Cheryl Cope Dated: \ ~ - I ? - <:) S ~ v -- ,,:\ ---- -0 -............ o ,~~ I .:> .~-- "\- -...:0 ,,'....,\ ~ '-,:, cf'. ~ -~ ~ 4~,. r-"') -~ ,:"?:.... '" ( +-00.,\ ~. -, Cd ----- " , :'i\ "'".', Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHERYL COPE, Defendant NO. OS - {, 3 ~q c.'-o ;l>[ ~L CIVIL ACTION - CUSTODY v. SHAWN COPE, STIPULATION OF PARTIES AND NOW, comes the Plaintiff, Cheryl Cope, with her counsel, Jordan D. Cunningham, Esquire, and Defendant, Shawn Cope, pro se, who do hereby stipulate and agree that the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by the Court of an Order incorporating the terms of this Stipulation: 1. Plaintiff, Cheryl Cope, the natural paternal grandmother of the minor child, Kyle Cope, and Defendant, Shawn Cope, the natural father of the minor child, Kyle Cope, shall have shared legal and physical custody of the minor child, Cheryl Cope, the natural paternal grandmother ofthe minor child shall have primary physical custody of the child and Shawn Cope, the natural father of the minor child, shall have partial physical custody of the child at such time as the parties from time to time agree upon and which periods of partial custody shall be liberally exercised.. 1 " 2, Plaintiff and Defendant acknowledge that it is in the best interests of the minor child that each party keep the other informed with regard to the minor child's progress, academically, and of any change in his health or any medical crisis, Plaintiff and Defendant agree to consult with each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health, Plaintiff and Defendant also acknowledge that it is in the best interests of the minor child that he have the benefit of each party's guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of this Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3, Plaintiff and Defendant agree, in addition to any provisions which may be contained herein regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and 2 . . (d) Approval of summer camp and schools, provided that such approval shall not be unreasonably withheld. 4. Shawn Cope shall, ifhe is not going to be able to effect weekend partial physical custody for other than health reasons, give Cheryl Cope at least seventy-two (72) hours advance notice of his inability to effect the custody, Cheryl Cope shall give Shawn Cope at least four (4) months advance notice of her summer vacation schedule and coordinate her vacation schedule with Shawn Cope's periods of partial physical custody. 5, In the event that either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, Court costs and expenses incurred by the other party in enforcing this Stipulation. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this /ol-z:! day 03,.P-o-...L-.-- ,2005. WITNESS: C\)~~Q CC^oo Cheryl Cope /' I ? / / i I .~~ Shawn Cope FiIHOMEIAHEWlTI\DOCSIA-ClCOPECHER\CUSTODy\sTlPUL T. WPD .2/ t/ 3 \'" -- l,;', o / OE.C 1 4 2005 Defendant y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-:-- 6 3:T'/ CNIL ACTION - CUSTODY CHERYL COPE, Plaintiff v. SHAWN COPE, ORDER AND NOW, this ~l': dayof ~ ./ , 200 ~ the parties having stipulated to the entry of an Order of Custody, it is hereby ORDERED and DECREED that custody and visitation of the minor child, Kyle Cope, shall be, as follows: 1. Plaintiff, Cheryl Cope, the natural paternal grandmother of the minor child, Kyle Cope, and Defendant, Shawn Cope, the natural father of the minor child, Kyle Cope, shall have shared legal and physical custody of the minor child, Cheryl Cope, the natural paternal grandmother of the minor child shall have primary physical custody of the child and Shawn Cope, the natural father of the minor child, shall have partial physical custody of the child pursuant to the following schedule: (a) Liberally granted at such time as the parties from time to time agree upon. 'i~nJ "ti'\;l'~:"\'i"-I'(,i.:,", '"1' ~O A I 'A,,: '-'_~_"-,... f\I ..l . " ,rJl311 ' :J;.)(j,:-J.:~IJ-d_ ' ' ) , 2. Plaintiff and Defendant acknowledge that it is in the best interests of the minor child that each party keep the other informed with regard to the minor child's progress, academically, and of any change in his health or any medical crisis. Plaintiff and Defendant agree to consult with each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant also acknowledge that it is in the best inte:rests of the minor child that he have the benefit of each party's guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other, Plaintiff and Defendant agree that the execution of this Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child_ 3. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and 2 (d) Approval of summer camp and schools, provided that such approval shall not be unreasonably withheld. 4. Shawn Cope shall, ifhe is not going to be able to effect weekend partial physical custody for other than health reasons, give Cheryl Cope at least seventy-two (72) hours advance notice of his inability to effect the custody. Cheryl Cope shall give Shawn Cope at least four (4) months advance notice of her summer vacation schedule and coordinate her vacation schedule with Shawn Cope's periods of partial physical custody. 5, In the event that either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, Court costs and expenses incurred by the other party in enforcing this Stipulation. BY THE 0 1'/ L~..~~.,~ cf~~ ~~ ,,/, \,l)/ . \f: r J. 3 r:,' --:- -,.",1'....:) "''''.''')) .'...,"" l! 0 :01 W'J I Z J30 SOOZ I "\' I ('I',I>-J ("'d. ::1:-11' :II" ^CJr'_,-",-...', ,-,\."..JI ~ 3:Ji::JeiO-Qjll:J