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HomeMy WebLinkAbout02-1123Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 CAROLYN M. SHEAFFER, Plaintiff, VS. JOHN FRY, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : No. 2002- //-~0 ~[~ : .* : IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Carolyn M. Sheaffer residing at 3471 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is John Fry, Jr. residing at RD #2 Box 48G, Loysville, Pennsylvania 17068. 3. Plaintiff seeks shared legal custody and primary custody subject to the father's liberal periods of visitatiOn of the following child: NAME PRESENT RESIDENCE DOB. Ashlyn Fry 3471 Spring Rd. 7/2/93 Carlisle, PA 17013 The child was born out of wedlock. The child is presently in the custody of Carolyn M. Sheaffer who resides at 3471 Spring Road, Carlisle, Pennsylvania, 17013. The child has resided with the following persons and at the following addresses for the last eight years: ~el*son~ A~ddresses Sheaffer Dates 3260 Spring Road Birth 9/93 and Deborah Sheaffer Carlisle, PA 17013 - ) Sheaffer and Roy and Sheaffer and John Fry, Jr. Carolyn M. Sheaffer and John Fry, Jr. Carolyn M. Sheaffer and her parents Roy and Deborah Sheaffer Carolyn M. Sheaffer M. Sheaffer and and Sheaffer Carolyn M. Sheaffer 3260 Spring Road Carlisle, PA 17013 9/93 - 11/93 Porter Ave & Hanover Street Apts. in Carlisle, PA 3260 Spring Road Carlisle, PA 17013 11/93 -7/95 7/95 - 5/96 7073 Carlisle Pike Lot # 42 Carlisle, PA 17013 3260 Spring Road Carlisle, PA 17013 5/96- 5/00 5/00 - 8/00 3471 Spring Road Carlisle, PA 17013 8/00 - date The mother of the child is Carolyn M. Sheaffer, currently residing at 3471 Spring Road, Carlisle, PA, 17013. She is not married to the father. The father of the child is John Fry, Jr., currently residing at RD #2 Box 48 G, Loysville, PA, 17068. He is not married to the mother. 4. The relationship ofplaintiffto the child is that of mother. The Plaintiff currently resides with the child only. 2 5. The relationship of the defendant to the child is that of father. The Defendant :urrently resides with his parents. 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: life. Plaintiff has participated in the primary care of the child throughout her Bo Plaintiff can provide a stable environment. Plaintiff can provide a loving home. Defendant has been subject to period of incarceration. 9. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her shared legal custody and primary physical custody of the child subject to the father's periods of liberal visitation according to the custody stipulation attached hereto. ~ibfitted' Attorney for Plaintiff Supreme court ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. CAROLY~ M. SHEAFFER : PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1123 CIVIL ACTION LAW JOHN FRY, JR. DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, April 15, 2002 at 1:00 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 beard 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. Custody Conciliator 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 Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 CAROLYN M. SHEAFFER, Plaintiff, VS. JOHN FRY, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : No. 2002-1123 ; ; : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT AND NOW, come the parties hereto, Plaintiff, Carolyn M. Sheaffer, ("Mother") and Defendant, John Fry, Jr., ("Father") as said parties have reached mutual agreement as to the custody of their child Ashlyn Fry, bom July 2, 1993, and hereby stipulate to the following custody agreement, and hereby request the Court to enter the same as an Order of Court: 1. Mother and Father shall share legal custody of said child, as to all matters regarding the child's health, education, and welfare. 2. Mother shall have primary physical custody of said child. Father's visitation schedule shall be as follows: Father shall have physical custody oftbe child on alternating weekends beginning and ending times as the parties may agree from Friday through Sunday beginning on .~prJ.~. 1 q, ,2002. The parties shall share transportation of the child. Father shall have additional periods of visitation with the child during the week as the parties may agree. The non-custodial parent shall have liberal telephone contact with the child. 3. Holidays. Mother shall have the child on Memorial Day and Labor Day from 7 P.M. on the evening preceding the holiday until 7 P.M. on the day of the holiday. Father shall have the child on July 4tn as outlined above. ~2'~olyn M.~h~affer, PhiintiffJ J Easter. Mother will have the child commencing on Good Friday at 8 P.M. until 5 P.M. Easter Sunday, beginning with the year 2002. Thanksgiving. The child will be with Father from 7 P.M. on the evening preceding the holiday until 7 P.M. on the evening of Sunday. Christmas. The weekend prior to Christmas shall be with Father. Mother shall have the child on Christmas Day. The above holidays will be alternated on a yearly basis unless both parties agree to abide by the original schedule. The holiday schedule supercedes the weekend schedule. Father's Day. Father shall have the child on Father's Day from 11 A.M. to 7 P.M. Mother's Day. Mother shall have the child on Mother's Day from 11 A.M. to 7 P.M. 4. Father shall have two non-consecutive weeks of uninterrupted visitation per year, a~er having given at least thirty (30) days' notice to Mother. 5. If either parent is unable to keep their scheduled times of visitation, they shall provide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, as Cumberland County, Pennsylvania, shall retain jurisdiction. CAROLYN M. SHEAFFER, Plaintiff, VS. JOHN FRY, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-1123 IN CUSTODY ORDER OF COURT ANDNOW, this 16~4~ dayof_~ .,2002, it is hereby ORDERED and DECREED that the attached Custody Stipulation is entered as an Order of this Court. BY THE COURT: Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 CAROLYN M. SHEAFFER, Plaintiff, VS. JOHN FRY, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-1123 : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT AND NOW, come the parties hereto, Plaintiff, Carolyn M. Sheaffer, ("Mother") and Defendant, John Fry, Jr., ("Father") as said parties have reached mutual agreement as to the custody of their child Ashlyn Fry, bom July 2, 1993, and hereby stipulate to the following custody agreement, and hereby request the Court to enter the same as an Order of Court: 1. Mother and Father shall share legal custody of said child, as to all matters regarding the child's health, education, and welfare. 2. Mother shall have primary physical custody of said child. Father's visitation schedule shall be as follows: Father shall have physical custody of the child on alternating weekends beginning and ending times as the parties may agree from Friday through Sunday beginning on April 1 1, ,2002. The parties shall share transportation of the child. Father shall have additional periods of visitation with the child during the week as the parties may agree. The non-custodial parent shall have liberal telephone contact with the child. 3. Holidays. Mother shall have the child on Memorial Day and Labor Day from 7 P.M. on the evening preceding the holiday until 7 P.M. on the day of the holiday. Father shall have the child on July 4th as outlined above. Easter. Mother will have the child commencing on Good Friday at 8 P.M. until 5 P.M. Easter Sunday, beginning with the year 2002. Thanksgiving. The child will be with Father from 7 P.M. on the evening preceding the holiday until 7 P.M. on the evening of Sunday. Christmas. The weekend prior to Christmas shall be with Father. Mother shall have the child on Christmas Day. The above holidays will be alternated on a yearly basis unless both parties agree to abide by the original schedule. The holiday schedule supercedes the weekend schedule. Father's Day. Father shall have the child on Father's Day from 11 A.M. to 7 P.M. Mother's Day. Mother shall have the child on Mother's Day from 11 A.M. to 7 P.M. 4. Father shall have two non-consecutive weeks of uninterrupted visitation per year, after having given at least thirty (30) days' notice to Mother. 5. If either parent is unable to keep their scheduled times of visitation, they shall ~rovide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other >arent, injure the opinion of the child as to the other parent, or hamper the free and natural tevelopment of the child's love and respect for the other parent. 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as siated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, as Cumberland County, Pennsylvania, shall retain jurisdiction. C'~olyn M.[~h~affer, PlfiintiffJ$ Jo~Fry, Jr.,Ofendant APR 1 CAROLYN M. SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1123 CIVIL TERM JOHN FRY, JR., CIVILACTION-LAW IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION ANDNOW, this /~day of .~.i~ , 2002, the parties having reached an agreement which has been memorialized in a Stipulation and upon which an Order has been entered, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. : ~-/V/~vl~lis~ Peel Greevy, Esqui~ ~ ~.stody Conciliator :157045