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Home My WebLink About06-2645 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY R. PETERS Plaintiff, v GUY R. PETERS, Defendant. CIVIL ACTION - LAW NO. or.,- ;u,l/10;,J. f!lA---> IN CUSTODY COMPLAINT FOR CUSTODY I. The Plaintiff is Shelly R. Peters, presently residing at 4 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Guy R. Peters, presently residing in Greencastle, Pennsylvania, with a mailing address at 373 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff seeks custody of the following children: NAME Maria Danielle Peters Mackenzie Lynn Peters Mariska Alice Peters PRESENT RESIDENCE 4 Town Mills Cumberland County Shippensburg, PA 17257 AGE 5 years DOB: 8-27-2000 4 Town Mills Cumberland County Shippensburg, P A 17257 4 years DOB: 12-27-2001 4 Town Mills Cumberland County Shippensburg, P A 17257 1 year DOB: 10-31-2004 The children were not born outside the bonds of matrimony. The children are presently in the custody of Mother, who resides at 4 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257 During the past five years, the children have resided with the following persons and at the following addresses: NAME Shelly R. Peters (mother) ADDRESS 4 Town Mills Shippensburg, P A 17257 DATE June 2005 to present WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I). Shelly R. Peters (mother) Guy R. Peters (father) Shelly R. Peters (mother) Guy R. Peters (father) Shelly R. Peters (mother) Guy R. Peters ( father) Shelly R. Peters (mother) Guy R. Peters ( father) Ray Reed Tina Reed Chad Rosenberry 4 Town Mills Shippensburg, P A 17257 December 2003 to June 2005 605 Park Circle Chambersburg, P A 1720 I October 2002 to December 2003 444 South Fourth Street Chambersburg, P A 1720 I June 2001 to October 2002 2502 Lawyer Road Chambersburg, P A 1720 I February 2000 to June 2001 The mother of the children is Shelly R. Peters, currently residing at 4 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. She is presently separated from her husband, Guy R. Peters. The father of the children is Guy R. Peters, currently residing at 373 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania 17201. He is presently separated from his wife, Shelly R. Peters, 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Maria Danielle Peters Mackenzie Lynn Peters Mariska Alice Peters RELATIONSmp Daughter Daughter Daughter 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: NAME Betty Peters RELATIONsmp Mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257-1397 IL 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Mother has been the primary caretaker of the children since birth; B. Mother has exercised primary custody of the children since the parties separated; and C. It would be in the children's best interest. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 ofthe children will be given notice of the pendency of this action and the right to intervene: NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests the Court to grant both legal and primary residential custody of the minor children to the Plaintiff. WEIGLE & ASSOCIATES, P.C. By: -?0 1{v1-/,- / Richard L. Webber, Jr., Esquire Attorney for Plaintiff I.D. # 49634 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,.II. VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: d \Ot \ou iJrullL~ Shelly R. ijters WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT L.AW - 126 EAST KING STREET - SHIPPENSBURG, PA 1.7257-1397 s;;~~ _. ~ ~~~ ~ --.... \..- ';t \~ (') c ,... -oeB r"\:n, ;:::-',~::: ~7r V')~L' .,t:'..-,' ~:~:"_! ?;<'::J ?C Z "-\ -<. ~ Q ~ .. ~ ~~ '" q~ ~-ti %~ -., ~ ~ - - .- - 0) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY R. PETERS Plaintiff, CIVIL ACTION - LAW v NO. 01.- .;11, 'If c;;J. I~ GUY R. PETERS, Defendant. IN CUSTODY MOTION FOR ENTRY OF AGREEMENT AND NOW comes the Plaintiff, Shelly R. Peters, by and through her attorneys, Weigle & Associates, P.C., and Richard 1. Webber, Jr., Esquire, and files this Motion pursuant to Pa. R.C.P. No. 1915.7, averring the following: 1. Plaintiff is Shelly R. Peters, who resides in Cumberland County, at 4 Town Mills, Shippensburg, Pennsylvania 17257. 2. Defendant is Guy R. Peters, who resides in Franklin County, at Greencastle, Pennsylvania, with a mailing address at 373 Lincoln Way East, Chambersburg, Pennsylvania 17201. 3. The Plaintiff and Defendant are natural parents of Maria Danielle Peters, born August 27, 2000; Mackenzie Lynn Peters, born December 27,2001; and Mariska Alice Peters, born October 31,2004, 4. The parties entered into an Agreement regarding custody of the children. Said Agreement is attached hereto and incorporated by reference herein. 5. The best interest of the children would be served by the entry of an Order of Court reflecting the terms of the Agreement. WHEREFORE, Plaintiff requests your Honorable Court to approve the attached Agreement and enter it as an Order of Court. Respectfully submitted, -VU/fr~ ~ Richard 1. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID 49634 126 East King Street Shippensburg, P A 17257 7127-532-7388 WEIGt..E & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA HZS7-1397 I verify that the statements made in this Motion 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. Dated:~ ~'A.W-~ Shelly R. eters WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT l.AW - 126 EAST KING STREET - SHlPPENS6URG, PA 17'257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY R. PETERS Plaintiff, CIVIL ACTION - LAW v NO. Of-- .1c.q'.$" ('~ T J,v- GUY R. PETERS, Defendant. IN CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made this Sf t.., day of R'~r.. 4.r~ ,2006, by and between Guy R. Peters, residing in Greencastle, Pennsylvania, with a maili g address at 373 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania 17201, (hereinafter referred to as "Father") and Shelly R. Peters, 4 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257, (hereinafter referred to as "Mother"). I. Father and Mother are the natural parents of Maria Danielle Peters, born August 27, 2000; Mackenzie Lynn Peters, born December 27, 2001; and Mariska Alice Peters, born October 31, 2004, hereinafter referred to as "the children." 2. No prior custody action has been filed with the Court. 3. None of the parties know of any person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 4. Neither of the parties has participated as a party or a witness or in another capacity in other litigation concerning the custody of the children in this or another court. 5. Neither of the parties has information of a custody proceeding concerning the children pending in a court of this commonwealth or any other state. 6. During the last five years, the children have resided with the following persons and at the following addresses: NAME Shelly R, Peters (mother) ADDRESS 4 Town Mills Shippensburg, P A 17257 DATE June 2005 to present Shelly R. Peters (mother) Guy R. Peters (father) 4 Town Mills Shippensburg, P A 17257 December 2003 to June 2005 Shelly R. Peters (mother) Guy R. Peters (father) 605 Park Circle Chambers burg, P A 17201 October 2002 to December 2003 WEIGLE & ASSQCIATES. RC. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . Shelly R. Peters (mother) Guy R. Peters (father) 444 South Fourth Street Chambersburg, PA 17201 June 2001 to October 2002 Shelly R. Peters (mother) Guy R. Peters (father) Ray Reed Tina Reed Chad Rosenberry 2502 Lawyer Road Chambersburg, P A 17201 February 2000 to June 2001 7. The parties have reached an agreement with regard to the custody of the children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, this day of , 2006, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Guy R. Peters ("Father") and Shelly R. Peters ("Mother") shall have shared legal custody of the children Maria Danielle Peters, born August 27,2000; Mackenzie Lynn Peters, born December 27, 2001; and Mariska Alice Peters, born October 31, 2004, hereinafter referred to as the "children," and pursuant to this grant of shared legal custody, each parent shall have equal access to all pertinent information and reports that may be generated by medical, educational, psychological and other professionals who may work with their children. Each parent shall discuss major decisions affecting the children's well being in the areas of medical, educational, emotional, spiritual, social, and material needs with the opposite parent. 2. Mother shall exercise primary physical custody of the children. 3. Father shall exercise physical custody of the children each Thursday from 4:00 PM to 8:00 PM. and every Saturday from 10:00 AM to 5:00 PM. In the future, the parties shall attempt to negotiate an overnight stay for alternating Saturdays. 4. On holidays, Father and Mother shall share physical custody as the parties can agree. 5. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. 6. Such other exercises of partial custody may be scheduled thereafter as the parties may agree upon with due deference and respect to the children's interest, schedule and ultimate welfare. 7. Father shall not allow the children to be left unsupervised with the children's grandfather, Rick Peters. 8. Father shall be responsible for all transportation relating to custody exchanges and shall provide and use appropriate car seats, booster seats, etc. WEIGLE & ASSOCIATES. Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . 9. Neither party shall do anything which may estrange .the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, J. The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions ofthis agreement, execute this Agreement by signing below. JJ~ fZ.-f ~ Guy R. Peters ..Qhl\ h~i?-,-,fWA.o Shelly R. P t rs ~~~ Witness . WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I verify that the statements made in this Stipulation and Agreement 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. Dated: fCb 17 ~oo ~ ) ~ 1vf~ Gud Perers I verify that the statements made in this Stipulation and Agreement 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 falsification to authorities. Dated: ,-*\0.1) 'dG5u. , WEIGL.E & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 o c: :s; "o(e, g2r~;} -7S ""-- . t,;,-':.- r:~CJ <'-. }:; c: ~C~ .~'C_ ~ -< ,.., = C.) <Y' ~ :i!:o "".-: :g0 C)b ~:B ~ 5~ ::: --I N ~ N :X ~ I \D , ,. RE'C', . ki, . '_../~: .,-~ MAY 1 0 2006 (). BY: IN THE COURT OF COMMON PLEA.S OF CUMBERLAND COUNTY, PENNSYL VANIA SHELLY R. PETERS CIVIL ACTION - LAW Plaintiff, v NO. OC,-- J&<f; ~ GUY R. PETERS, Defendant. IN CUSTODY NOW, this ~ day of ,2006, upon consideration of the within Stipulation and Agreement, it is hereby ordered as fol ws: 1. Guy R. Peters ("Father") and Shelly R. Peters ("Mother") shall have shared legal custody of the children Maria Danielle Peters, born August 27, 2000; Mackenzie Lynn Peters, born December 27, 2001; and Mariska Alice Peters, born October 31, 2004, hereinafter referred to as the "children," and pursuant to this grant of shared legal custody, each parent shall have equal access to all pertinent information and reports that may be generated by medical, educational, psychological and other professionals who may work with their children. Each parent shall discuss major decisions affecting the children's well being in the areas of medical, educational, emotional, spiritual, social, and material needs with the opposite parent. 2. Mother shall exercise primary physical custody of the children. 3. Father shall exercise physical custody of the children each Thursday from 4:00 PM to 8:00 PM. and every Saturday from 10:00 AM to 5:00 PM. In the future, the parties shall attempt to negotiate an overnight stay for alternating Saturdays. 4. On holidays, Father and Mother shall share physical custody as the parties can agree. 5. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. 6. Such other exercises of partial custody may be scheduled thereafter as the parties may agree upon with due deference and respect to the children's interest, schedule and ultimate welfare. 7. Father shall not allow the children to be left unsupervised with the children's grandfather, Rick Peters. 8. Father shall be responsible for all transportation relating to custody exchanges and shall provide and use appropriate car seats, booster seats, etc. WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 '" Neither party shall do anything which may estrange the children injure the opinion of the children as to the other parent or ch m natural development of the children's love or reS~2. rthe othe/ By (\'000. I 9. ,DlP ~,\t-: O'J e other parent, or per the free and J. WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 >- ~ UJQ c.:> 4- -0 H- ::c (513 6r.c ::l0- f.i:W F Ll... o o M :lC 0- ?= "7 S<t: C) .=;; .. ,.r.'-;; ~- <:< '-) ::>. --:':;~5~ .._" (') i~~ CD a.. ::':E :::> (.) >- < x: ...c <= = c-...t II ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY R. PETERS Plaintiff, CIVIL ACTION - LAW v NO. 06-2645 CIVIL GUY R. PETERs, Defendant. IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes and says that on May 17, 2006, a true and attested copy of Order of Court dated May 11, 2006 was served upon the Defendant, Guy R. Peters. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: 373 Lincoln Way East, Chambersburg, P A 1720 I The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." ~A~ Patricia A. Frey Sworn to and subscribed before me this 22nd day of May, 2006. ~~j.T~ Notary Public F '~f" 1"->' _/",,-:..{>.:,,(;::f.b~~({~, .,". ...'~""""{o. ,.. ,';, <id ' " ..' ,1 1~,,. ,',' .', ' /ff!.~t"~'f'"Q..t., "-1(;'~ '/~~:;:;'- -"- ' ,'t...~~i';~i,:'~.':'_ ~lJ.', 'Crt-::;,.:.: "'''>l;': c/:. :;", ~.-:, /;.\~, .9f ..~.}' J;" :'. '~~'~'it "\l""# (-.- ,;' . .,1; '. :,~ ~." .~~.: ~~)~,,~>, ..:.'>;r'y."'V'.. ,'". "....'. ,~ .', .-,,-:'. - -':\ NOTARIAl. SEAJ. PAllltClA L TOME Notary PublIc SHlPPENSaJRGBalOUGH, aJM3ERlANOCOUNTY My CommllsJon expires Jun 7. 2008 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY R. PETERS CIVIL ACTION - LAW Plaintiff, v NO. 06-2645 CIVIL GUY R. PETERS, Defendant. IN CUSTODY PROOF OF SERVIp: . Complete ~erns 1, 2, and 3. A1eo complete ~em 4 ~ Restrtcted Delivery Is desired. . Print your neme and address on1he' reverse eo that W$ can retum the ceid 10 you. . Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Guy Jl. Peters 373 Lincoln Way East ChDIbeu.h.a'g. PA 17201 D Agent D Add_ RESTRICTED DELIVERY 3. ~ 'JYpo Iff Certified Mall D,._ Mall CJ Registered IiTRetum ReceIpt for Merchandise D Insured Mall D C.O.D. 4. Rastrictad DellveIy? (Extro Foa) Vas . 2.__ ~--..' PS Form 3811, Auguol2001 70[13 0500 0000 84913 8153 ~ -... Moipl I 1~1540~1 ".:r- oO CI CI CI CI CI CI U"I CI rn :5 t 0 !Ir. Guy Jl. Petli!rs r-- &iNiApi.Nir-----.-----'.------------n---------....-----------n---.---------- orpo'EkJxNo..' 373 Lincoln W.y East Cilii'Sii;;n--------....-.-------------------......-------------------.-....---.- , '~Cbasbersburg. P A 17201 .., , . . .., i ...... ... RLW - . CertIfIed Fee Return RecIept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement ReqUIred) Total Postage & Fees $ ....SE EXHIBIT "A" WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ (') C ?~. -0 C) (,-~ t' y ! --;;.7'; {?~ r:; <. ~ CJ" ~ ~ N W ::2- ..0- N ., .....,,\ ::J~ \,'" , (. -,". l> :~-t - CP