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HomeMy WebLinkAbout06-1947 CHRISTINE WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DocketNo.: Qf.., -/QY1 CIVIL ACTION - LAW IN CUSTODY C1U'L~"l. FRANCISCO CARRASCO, JR., Defendant COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Christine Walker, by and through her attorney, Melanie L. Erb, of Scaringi & Scaringi, P.c., and files the following Complaint for Custody and avers as follows: l. Plaintiff, Christine Walker, is the natural mother of the subject minor child and is an adult individual residing at 313 W. Shady Lane, #S, Enola, Cumberland County, Pennsylvania. 2. Defendant, Francisco Carrasco, Jr., is the natural father of the subject minor child and is an adult individual residing at 336 N. 5th Street, Lebanon, Lebanon County, Pennsylvania. 3. The subject minor child is Tejah Danae Carrasco, age six (6) years, born June 19, 1999. 4. Plaintiff seeks primary physical custody and shared legal custody of Tejah Danae Carrasco, in accordanee with the parties Custody Agreement, attached hereto as Exhibit" A". The subject minor ehild was born out of wedlock. The subjeet minor child is presently in the physical eustody of Plaintiff. During the child's life, the subject minor child has resided with the following persons and at the following addresses: ADDRESSES 313 W. Shady Lane, #S Enola, PA PERSONS Mother DATES 2005 - present 865 Clifton Heights Rd., # I Hummelstown, PA Mother 2004-2005 104 Plaza Apts. Lebanon, P A Mother 2003-2004 \65 Lighthouse Drive Jonestown, PA Mother Francisco Carrasco Jamie Walker 2000-2003 The Mother of the subject minor child is Christine Walker, who is residing at 313 W. Shady Lane, #S, Enola, Cumberland County, Pennsylvania. She is not married to the Father of the subject minor child. The Father of the subject minor child is Francisco Carrasco, Jr., who is residing at 336 N. 5'h Street, Lebanon, Lebanon County, Pennsylvania. He is not married to the Mother of the subject minor child. 5. The relationship of the Plaintiff to the subject minor child is that of biological mother. The Plaintiff currently resides with the following persons: NAME Tejah Danae Carrasco RELATIONSHIP Daughter 6. The relationship of the Defendant to the subject minor child is that of biological father. The Defendant currently resides with the following persons: NAME Miriam Savidge Anthony Vasquez Brandon Vasquez Monica Vasquez Ryan Vasquez Dylan Vasquez RELATIONSHIP Fiancee Step-son Step-son Step-daughter Step-son Step-son 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the subject minor child in this or another court. Plaintiff has no information of a custody proceeding concerning the subject minor child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding that has physical eustody of the subject minor child or claims to have custody or visitation rights with respeet to the subject minor ehild. 8. The best interest and permanent welfare of the subject minor child will be served by 2 granting the relief requested beeause the parties have reached an amicable agreement. 9. Each parent whose parental rights to the subjeet minor child have not been terminated and the person who has physical custody of the subject minor child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the subject minor child wiJI be given notice of the pendency of this action and the right to intervene: NONE WHEREFORE, Plaintiff requests the Court to grant to Plaintiff primary physical custody and shared legal custody of the subject minor child, Tejah Danae Carrasco. e nie . Erb, squire Attorney LD. No. 84445 Searingi & Scaringi, P.c. 2000 Linglestown Road Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff 3 VERIFICA nON I, CHRISTINE WALKER, verify that the statements made in this Complaint for Custody are true and eorrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. *4904, relating to unsworn falsification to authorities. Date:~,2006 ~- RISTINE WALKER 4 --it... D - - -p (;, t- 11:- >u '-"" C) \) c! , " , -:( --I \) .-> 7>. ~". ':T"~ \) ...() -.:;..,) ,\.- ---C ~ ~~ C) (~'., \:c :'.:'.' / , "L) C_' .( - .J' - l~ v. .,j) i ",,!WR 1 0 201J6 I IN THE COURT OF COMMON PLEAS OF "'.~,=~ CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: Ol." - /qLf1 C(uL~02-~ CIVIL ACTION - LA W IN CUSTODY 1; CHRISTINE WALKER, Plaintiff FRANCISCO CARRASCO, JR., Defendant ORDER AND NOW, this \') \'<\ dayof_f\qr\\ ,2006, the parties' having reached an agreement regarding the best interests of the subjeet minor ehild, Tejah Danae Carrasco, born June 19, 1999, IT IS HEREBY ORDERED AND DECREED as follows: 1. The parties will share joint legal custody of the subject minor child. The parties agree that major decisions coneerning their child, including, but not limited to the children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other's party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance coneerning the child that could reasonably be expected to be of concern to the parent then having physieal custody. With regard to emergeney decisions, which must be made, the parent having physical eustody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Eaeh party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Plaintiff/Mother, Christine Walker shall have primary physical custody of the subject minor child with Defendant/Father, Franeiseo Carrasco, Jr., having periods of partial physical custody of the subject minor child and each shall have eustody of the subjeet minor child according to the following schedule: a. Father shall have the minor child each weekend from Saturday morning until Sunday or as the parties agree. b. Mother shall have the minor child Sunday evening through Saturday morning each week or as the parties agree. 3. The parties shall share the following holidays as they mutually agree: a. New Year's Day b. Easter c. Memorial Day d. Independence Day e. Labor Day 4. Mother shall have the minor child on Thanksgiving eaeh year unless the parties agree otherwise. S. The parties shall share the Christmas holiday with Father having the minor child on Christmas Eve and return her to Mother on Christmas Eve night. Mother shall have the child from Christmas Eve night through Christmas Day eaeh year. 6. Mother shall have custody of the minor child on Mother's Day and Father shall have eustody of the minor child on Father's Day. 7. Both parties shall be entitled to two non-consecutive weeks of uninterrupted custody of the minor child for purposes of vaeation during the summer, subject to thirty (30) days notice to the other party. 8. In the event there is a confliet between the regular custody schedule and the holiday schedule, then the holiday schedule shall take precedence and be the binding schedule. 9. The parties shall share in the responsibility of transporting the child for custody changes by picking up the child at the commencement of their custody period, unless the parties mutually agree otherwise. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume aleoholie beverages to the point of intoxieation. The parties shall likewise assure to the extent possible that other household members and/or houseguests comply with this prohibition. II. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the ehild. 12. Each party shall be entitled to reasonable telephone or email contact with the child when she is in the custody of the other party. 13. Neither parent shall relocate from a current address if such relocation will necessitate a change in eustody schedule as set forth in this Order, or if the relocation will be to a location in excess of fifty (50) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. 14. The parties shall refrain from making derogatory comments about the other party in the presence of the child and, to the extent possible, shall prevent third parties from making such comments in the presence of the child. BY THE COURT: ~~ , w~ J. ' 6S : 11: ,! "I' i'-r:.. ,) c, I'! Al" .~ J ~ CHRISTINE WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ Docket No.: O/.s, - /9'11 : CIVIL ACTION - LAW : IN CUSTODY (L~Lll~ FRANCISCO CARRASCO, JR., Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this _ day of ,2006, by and between, CHRISTINE WALKER, currently residing at 313 W. Shady Lane, #S, Enola, Pennsylvania, hereinafter referred to as "MOTHER", and FRANCISCO CARRASCO, JR., currently residing at 336 N. 5th Street, Lebanon, Pennsylvania, hereinafter referred to as "FATHER", WITNESSETH: WHEREAS, the parties are the Father and Mother of the minor child, TEJAH DANAE CARRASCO, born June 19, 1999. WHEREAS, the parties hereto have been living separate and apart for a period of time prior to the execution of this Agreement; and WHEREAS, FATHER and MOTHER have agreed under the aforementioned eircumstances that an agreement as to custody, partial custody and visitation of their child would be in the interest of all. NOW THEREFORE, in consideration of the promises herein, and in pursuance thereof, the parties mutually agree as follows, intending to be legally bound thereby: I. The parties will share joint legal eustody of the subject minor child. The parties agree that major decisions concerning their child, including, but not limited to the ehildren's health, welfare, education, religious training and upbringing, shall be made by them jointly, after diseussion and consultation with eaeh other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other's party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the ehild from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to emergency decisions, which must be made, the parent having physical eustody of the child at the time of the emergency shall be pennitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Plaintiff/Mother, Christine Walker shall have primary physical custody of the subject minor child with Defendant/Father, Francisco Carrasco, Jr., having periods of partial physical custody of the subject minor child and each shall have custody of the subjeet minor child according to the following schedule: a. Father shall have the minor child each weekend from Saturday morning until Sunday or as the parties agree. b. Mother shall have the minor child Sunday evening through Saturday morning eaeh week or as the parties agree. 3. The parties shall share the following holidays as they mutually agree: a. New Year's Day b. Easter c. Memorial Day d. Independence Day e. Labor Day 4. Mother shall have the minor child on Thanksgiving each year unless the parties agree otherwise. 5. The parties shall share the Christmas holiday with Father having the minor child on Christmas Eve and shall return her to Mother on Christmas Eve night. Mother shall have the child from Christmas Eve night through Christmas Day each year. 6. Mother shall have custody of the minor ehild on Mother's Day and Father shall have custody of the minor child on Father's Day. 7. Both parties shall be entitled to two non-consecutive weeks of uninterrupted custody of the minor child for purposes of vacation during the summer, subjeet to thirty (30) days notice to the other party. 8. In the event there is a conflict between the regular custody schedule and the holiday schedule. then the holiday schedule shall take precedence and be the binding schedule. 9. The parties shall share in the responsibility of transporting the child for custody changes by picking up the child at the eommencement of their custody period, unless the parties mutually agree otherwise. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume aleoholic beverages to the point of intoxication. The parties shall likewise assure to the extent possible that other household members and/or houseguests comply with this prohibition. I I. Neither party will smoke cigarettes or tobaeco products and will not alJow others to smoke in the presence of the child. 12. Each party shall be entitled to reasonable telephone or email contact with the child when she is in the custody of the other party. 13. Neither parent shall relocate from a current address if such reloeation will necessitate a ehange in custody sehedule as set forth in this Order, or if the relocation will be to a loeation in excess of fifty (50) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to sueh relocation or further Order of this Court. 14. The parties shall refrain from making derogatory comments about the other party in the presence of the ehild and, to the extent possible, shall prevent third parties from making sueh eomments in the presence of the child. ~~}J - WITNE @vom V~V CHRISTINE KER ~~~~ WI NESS