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Home My WebLink About06-2198 . NATHAN C. WOLF, ESQIDRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF RYAN C. CONYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 06-11Qi' CIVIL HEATHER K KERSHNER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the plaintiff, Ryan C. O:myers, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Ryan C. Chnyers, the natural father of the child who is the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 131 Airport Road, Shippensburg, Cumberland Chunty, Pennsylvania 17257. 2. The defendant is Heather K. Kershner, the natural mother of the child who is the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 7701 Creek Road, Apartment B, Orrstown, Franklin Chunty, Pennsylvania 17244. 3. Plaintiff Father seeks primary physical and joint legal custody of the following child: ~ Present Residence h.g(: Chase Matthew Chnyers 7701 Creek Road, Apt. B Orrstown, PA 17244 1 (DOB 3/10/2005) 4. Father and Mother are the natural parents of the child. 5. The child was born out of wedlock . 6. The child is presently in the custody of Mother, but has resided with the following parties for the following specified periods: a. With Mother and Father from birth until April 1 , 2006. b. With Mother in Orrstown, Franklin Chunty, Pennsylvania, from April 1, 2006, to the present. 7. The parties were never married. 8. Mother has had limited contact with the child prior to the parties' separation. 9. Father 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. 10. Father has no reliable information of any other custody proceeding concerning the child pending in a court of this Chrnrnonwealth or any other state. 11. Father does not know of a person not a party to the proceedings who has physical custody of the child or claints to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested herein because Father has had an equal role as one of the sole and primal)' caregivers for the child for the vast majority of the child's life and he is gainfully employed. 13. Since the parties separation Father resides with the child's paternal grandparents and is part of a stable home environment within which to raise the child. 14. Since the parties' separation, while Mother has allowed Father to see the child on occasion, she has also made threats to keep the child from him completely and to relocate without Father to frustrate Father's ability to have contact with the child. 15. Father believes and therefore avers that it is in the child's best interests for him to be awarded primal)' physical and joint legal custody of the child and requests that such be incorporated into an Orderto be issued by this Honorable Churt. . 16. Father believes that the best interests of the child would be best served by an award of primal)' physical and joint legal custody to him. Plaintiff also believes that the child must continue to have a relationship with Mother, which he will encourage and facilitate with all reasonable efforts, and agrees that Mother should be pennirted reasonable visitation and contact with the child. WHEREFORE, Plaintiff Ryan C. Chnyers, respectfully requests that this Honorable Churt enter an order granting primal)' physical and joint legal custody of the child to him. Plaintiff furthermore requests that this Churt enter an Order awarding Defendant, Mother, Heather K. Kershner, rights to partial custody of the child along with any additional relief that the Churt may deem appropriate and just. Respectfully submitted, WOLF & WO Dated: April ./f-, 2006 Nat 10 C . e, PA 17013 Supreme Court J.D. No. 87380 (717) 241-4436 Attorney for Plaintiff . VERIFICATION I do hereby verify that the facts set forth in this complaint for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. if ,~ ,2006 . . NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF RYAN C. CONYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 06- CIVIL HEATHER K. KERSHNER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Chmplaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Heather K. Kershner 7701 Creek Road Apartment B Orrstown, PA 17244 April jJ.., 2006 I'" -;'i\ ," '--.. -' " " "--~} v.. 0 '- ;J / ,:\ "10 \ . , . ~~ % & ~ ~""" ~ 'to, ~~. ~ ~ > ~ ...... ~ '-.. ~ . -. " "~I ~ ~ ~ ~ \~ ~ ~. ~ ,~ ~ "t-'0.'-. t V"\ ~ RYAN C. CONYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 06-2198 CIVIL ACTION LAW HEATHER K. KERSHNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Friday, May 26, 2006 at 8:30 AM 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 heard by the court, and to enler 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 all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Be ueline M. Verne Es 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~~~ "":~4 ~ ~ ~.~>1" ~lL, ~fE..z ~-~fi ~ L7 .." II,,: 7_ !\III 0"0. Z 0- 'G ~hJ " ", ~rJ.l1J ~HL :lD =~:i~.!::'i)-CEn!'j ?t7. C':S' ~ (,7. CO..>' '70- e-,9 , ." " NATHAN C. WOLF, ESQUIRE ATtORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATtORNEY FOR PLAINTIFF RYAN C. CONYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 06- 2198 CIVIL HEATHER K. KERSHNER, Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this L day of MfJ1 2006, by and between RYAN C. CONYERS (hereinafter referred to as "Father") and HEATHER K. KERSHNER (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, aIASE MATIHEW CONYERS (age 1 years, born March 10, 2005); and, WHEREAS, the parties wish to enter into a custody agreement relative to the l:WiLuJy of the parties' child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall retain shared legal custody of the child. 2. The parries shall have shared physical custody of the child, effective immediately. 3. The parties shall alternate physical custody of the child on alternating weeks beginning at 6:00 o'clock p.rn. on Fridays, from time to time as the parties mayagree. 4. The parties share custody of the child on holidays as follows: , ~ " a. In 2006 and even years thereafter, Mother shall have custody of the child on Thanksgiving Day from 8:30 o'clocka.rn. unti18:30 o'clock p.rn., and Father shall have custody of the child for the same time period on odd numbered years. b. In 2006 and even years thereafter, Mother shall have custody of the child from 12:30 o'clock p.rn. on Orristmas Day, unti112:30 o'clock p.rn. on December 28. In 2006 and even years thereafter, Father shall have custody of the child from 12:30 o'clock p.rn. on Orristmas Eve, unti112:30 o'clock p.rn. on Orristmas Day. The parties shall alternate their Orristmas holiday blocks each year. c. In 2006, and odd years thereafter, Father shall have custody of the child from 8:30 o'clock a.rn. unti18:30 o'clock p.rn. on Easter Sunday. Mother shall have custody of the child for the same time period on even numbered years. The party who does not have custody of the child on Easter Sunday, shall have the custody of the child from 8:30 o'clock a.rn. unti15:00 o'clock p.rn. on Good Friday. d. In odd-numbered years beginning with New Year's Eve 2006-2007, Father shall have custody of the child on New Year's eve and New Year's Day beginning at 5:00 o'clock p.rn. on New Year's Eve, unti15:00 o'clock p.rn. on New Year's Day, and Independence Day from 5:00 o'clock p.rn. on July 3 unti18:00 o'clock p.rn. on July 4, and Mother shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.rn. the evening before the holidayunti18:00 o'clock p.rn. on the holiday. e. In even-numbered years beginning with New Year's Eve 2007-2008, Mother shall have custody of the child on for New Year's Eve and New Year's Daybeginning at 5:00 o'clock p.rn. on New Year's Eve, unti15:00 o'clock p.rn. on New Year's Day, and Independence Day from 5:00 o'clock p.rn. on July 3 unti18:00 o'clock p.rn. on July 4, and Father shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.rn. the evening before the holidayunti18:00 o'clock p.rn. on the holiday. f. Each party shall be entitled to a total of three non-consecutive weeks of uninterrupted vacation with the child during the summer vacation period. The parties may elect to have two weeks of said vacation run consecutive to each other. The party seeking to exercise said weeks of vacation shall notify the other party in writing no less than sixty (60) days prior to the date the weeks would commence. ,. 5. Transportation of the child shall be shared such that the receiving party (the party picking the child up) shall be responsible for transporting the child. 6. Father agrees that he shall pay Mother the sum of $350.00 per month by the tenth (10th) of each month as child support. Mother and Father agree that said amount shall be in lieu of an Order for Support through the Domestic Relations Section. 7. 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 are protected. 8. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 9. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 10. 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. 11. 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 tenns of the agreement of the parties. 12. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Gunberland County, and further acknowledge that the Court of Common Pleas of Gunberland County has jurisdiction over the issue of custody of the parties' minor child. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the tenns hereof, set forth their hands and seals the day and year herein set forth. ~SSETH: 16, ~ tMl fo J;;tL . {SEAL) RY C. CO RS iir~~) ~H R K. KERSHNER ~ .. COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF l.t.JttliJ~ llJrJ b On this, the ~ day of fY/fJ '! , 2006, before, the undersigned officer, appeared RYAN C CONYERS known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my han COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public CaIlisIe Bora, Cumberland County My Commission Expires Apr. 19,2008 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA : :SS: (SEAL) COUNTY OF CUMBERLAND On this, the --is- day of At", , 2006, before, the undersigned officer, appeared HEAlHER K. KERSHNER, kno~ (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my d and official seal. '~:~~;,;MONWEAL TH OF PENNSYL v Af-';;A Notarial Seal N~ C. Wolf, Notary Public CadisIe~, Cumberland County My Commission Expires Apr. 19, 2008 Member, Pennsylvania Association Of Not",ries (SEAL) () c s: ""00' mrr, 2.',' (,0 -.... r" <' 'j;~ .., .'~;...-' f. ~"(~..i PC:' 2: =2 ~ = <::::> <::::I"'> ::r :t. -< o 11 :r.,., n,;:=:: -om -rtf'J -."J ""( S:~C,1 ~'~ +'1', ~~! F5 om -I ~~ :n -< ....., :r-... ....,.:;:.. _.:u... a .f:.- MAY 1820Y RYAN C. CONYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-2198 CIVIL ACTION - LAW HEATHER K. KERSHNER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 18th day of May, 2006, the parties having advised the Conciliator that they have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, y Conciliator ,....., = = C1" ::!: ;p. -< o -n :r! mfQ :Q r:g 'jc (')) '~.. .. ..:.:;:J ""r, .L. "'T1 ;~O ;'"')m ~ ~ \D -0 3: ...... - ,.. II ~ RYAN C. CONYERS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 06- 2198 CML HEATHER K. KERSHNER, Defendant : IN CUSTODY ORDER OF COURT } MAY 1 8 2006 , NOW, this Z' day of ~006, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BYT ~ f\-O ~<r () .. V I NVf\:lAS i'lN3d I I f\l(',''''''''' r-' ',r1< :-w',;Mnl"\ -^.JJ J ~\),.,,' , :.' i:"'::~')J:nd V O~ :6 W\f 22 AVW 900Z ALl\..J10' 'f',. i , r\l I I "'1Hl .JQ av, 1\~UMllvC:1CJ:j .:J :l1"\1.J-:(!-f]:Jll:l .....rVI&J....,..... ~:J