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HomeMy WebLinkAbout02-1359NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA t 7013 (717) 243-6090 ATTORNEY FOR PARTIES ELLEN S. LEACH Plaintiff MICHAEL J. WEAVER and KERRY J. STRAYER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02- /2,.~ CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this __ day of March, 2002 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of the child. B. Notwithstanding the provision of joint legal custody, the Grandmother and the Mother shall have the authority to make medical and educational decisions for the child when the Father is unavailable due to his military service; however, as soon as is reasonably possible Grandmother and Mother will notify the Father of any decisions so made. C. The Grandmother shall have primary physical custody of the child. D. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. E. The Father shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. F. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. G. It is the intention of the parties that this custody arrangement be temporary and in effect until the Mother secures adequate housing for herself and the child and is able to care for the child. Grandmother and Mother shall have the ability to temporarily modify the terms of the agreement of the parties without the necessity of having the Father consent to the provisions of the agreement of the parties, provided such modification is at a time when Father is unavailable due to his military service. No such modification shall involve the modification of Father's rights of temporary physical custody and visitation without his express written consent or court approval. H. All parties shall have reasonable telephone contact with the child while the child is in the other's custody. I. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. J. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. K. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. The Court of Co~nmon Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, ELLEN S. LEACH Plaintiff MICHAEL J. WEAVER and KERRY J. STRAYER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; : NO. 02- 1~::~ CIVIL TERM ; : IN CUSTODY COMPLAINT FOR CUSTODY NOW come the parties, by their attorney, Nathan C. Wolf, Esquire, and file this complaint and agreement for custody, representing as follows: 1. The plaintiff (hereinafter referred to as "Grandmother"), Ellen S. Leach, is an adult individual and maternal grandmother of the minor child herein, and resides at 8227 Kramer Court, Glen Burnie, Maryland 21061. 2. The defendant (hereinafter referred to as "Father"), Michael J. Weaver, is an adult individual and natural father of the minor child herein, and resides at 301 Hummingbird Street, Chesapeake, Virginia 23322. 3. The defendant (hereina~er referred to as "Mother"), Kerry J. Strayer, is an adult individual and natural mother of the minor child herein, and resides at 1751 McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Father and Mother are the natural parents of a minor child, namely Michael C. Strayer-Weaver (born December 28, 1988, age 13 years). child's birth. 2002. The child resided with the Grandmother and Mother since the time of the Grandmother has been the primary caretaker of the child since February, 6. None of the parties have participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 7. The parties have no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. 8. The parties do 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. 9. The parties believe and therefore aver that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that Grandmother have primary physical custody and that Father and Mother have periods of temporary custody and visitation with the child in accordance with their mutual agreement. 9. The parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child, as follows: A. The parties shall have joint legal custody of the child. B. Notwithstanding the provision of joint legal custody, the Grandmother and the Mother shall have the authority to make medical and educational decisions for the child when the Father is unavailable due to his military service; however, as soon as is reasonably possible Grandmother and Mother will notify the Father of any decisions so made. C. The Grandmother shall have primary physical custody of the child. D. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. E. The Father shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. F. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in wdting and only if executed with the same formality of this agreement. G. It is the intention of the parties that this custody arrangement be temporary and in effect until the Mother secures adequate housing for herself and the child and is able to care for the child. Grandmother and Mother shall have the ability to temporarily modify the terms of this agreement without the necessity of having the Father consent to the provisions of the agreement, provided such modification is at a time when Father is unavailable due to his military service. No such modification shall involve the modification of Fathers rights of temporary physical custody and visitation without his express written consent or court approval. H. All parties shall have reasonable telephone contact with the child while the child is in the other's custody. I. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. J. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. K. In the event of the breach of this agreement by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of this agreement. All costs, expenses and reasonable attorney fees Incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court L. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. M. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County without the necessity for a hearing or other proceeding thereon, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the parties respectfully request that the court enter an order providing for the legal and physical custody of the child as aforesaid. ,2002 Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocably express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other' proceeding. Date: ~) - J~ -,~.~)~ --) ~ ~~Y.~_J~ (SEAL) ELLEN S. LEACH Date: (SEAL) EAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the //~day of ~,¢~-¢" ,2002, before me, the undersigned officer, personally appeared Ellen S. Leach, known to me (or satisfactorily proven) to be the person whose name is subscribed to'the within instrument and acknowledged that she executed same for the purposes therein contained· IN WITNESS WHEREOF, I hereun~et~ h.and.~and.~~ t.,,,' ",.~~ (_~.)~ I ' (SEAL) HaroJd S. Imfm III, No~anj Public · Ca~tlsle Bom, Curr~erland County , MY CO~ E:l~lres ,~p{. 23, 2(X)2 Member, Pennsyh~ania A~sOCiafion of Notaries STATE OF : :SS: COUNTY OF : On this, the i~TM day of ~,[¢.~1 ,2002, before me, the undersigned officer, personally appeared MICHAEL J. WEAVER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained· IN WITNESS WHEREOF, I hereunto set my hand and official seal· ~.,~,~.(~ ~'~'~-_J.~ .,.~,[.u.(,v~. (SEAL) Notary Public '- ~ COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the /~day of/"f'~., 2002, before me, the undersigned officer, appeared KERRY J. STRAYER, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the instrument, and she acknowledged that she executed this agreement for the purposes therein contained· IN WITNESS WHEREOF, I hereunto set my hand and official seal· / (SEAL) NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 38 EAST HiGH STREET CARLISLE PA 170t3 (717) 243-6090 ATTORNEY FOR PARTIES ELLEN S. LEACH Plaintiff MICHAEL J. WEAVER and KERRY J. STRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~/~"'~day of March, 2002 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of the child. B. Notwithstanding the provision of joint legal custody, the Grandmother and the Mother shall have the authority to make medical and educational decisions for the child when the Father is unavailable due to his military service; however, as soon as is reasonably possible Grandmother and Mother will notify the Father of any decisions so made. C. The Grandmother shall have primary physical custody of the child. D. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. E. The Father shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. F. Any modification or waiver of any of the provisions of the agreement of the parties sha. II be effective only if made in writing and only if executed with the same formality of the agreement of the parties. G. it is the intention of the parties that this custody arrangement be temporary and in effect until the Mother secures adequate housing for herself and the child and is able to care for the child. Grandmother and Mother shall have the ability to temporarily modify the terms of the agreement of the parties without the necessity of having the Father consent to the provisions of the agreement of the parties, provided such modification is at a time when Father is unavailable due to his military service. No such modification shall involve the modification of Father's rights of temporary physical custody and visitation without his express written consent or court approval. H. All parties shall have reasonable telephone contact with the child while the child is in the other's custody. I. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. J. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. K. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. The Court of Co~nmon Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order.