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HomeMy WebLinkAbout06-5072 . LISA A. ERICKSON-McCARREN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N06l.-5'o7~ CIVIL TERM IN CUSTODY GARY J. McCARREN, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Lisa A. Erickson-McCarren, who resides at 415 Lincoln Street, Carlisle, PA 17013, 2. Defendant is Gary J. McCarren, who resides at 832 W. North Street, Carlisle, PA 17013. 3. Plaintiff seeks primary physical custody of Gage A. McCarren, born November 29, 1990, who has been residing primarily with Mother since June, 2006. During the period from April 1 , 2004 (the parties' date of separation) to June, 2006, Gage resided primarily with his Mother; however, there were periods of time when the parties shared custody of Gage on an alternating weekly basis. The following are the only places where the child has resided for the past five years: (List All Persons) (List All Addresses) (Dates) Lisa A. Erickson-McCarren 415 Lincoln Street, Carlisle, PA 17013 Ayrika Erickson See #3 above Gary J, McCarren 832 W. North Street, Carlisle, PA 17013 See #3 above .. , The mother of the child is Lisa A. Erickson-McCarren, currently residing at 415 Lincoln Street, Carlisle, PA 17013. She is married. The father of the child is Gary McCarren, currently residing at 832 W. North Street, Carlisle, PA 17013. He is married. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with her children, Gage McCarren and Ayrika Erickson, born December 19, 1986. 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with Sherry Renvo. 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has been the primary caregiver for the child. . . (b) The child has recently been diagnosed with Attention Deficit Disorder, is on medication and does not function well when he moves between two residences. (c) Plaintiff can provide a stable and nurturing environment for the child. (d) Plaintiff will take the steps necessary to assure that the Defendant and the child have a schedule of contact. (e) The child has expressed a preference to reside primarily with Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant shared legal custody of the child in the parties, primary physical custody in the Plaintiff and a schedule of contact between the child and Defendant. ~1C~/ -Sandra L. Meilton, E uire TUCKER ARENSBERG, P.C. 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 88691,1 . VERIFICATION I, the undersigned, Lisa A. Erickson-McCarren, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. oated:.J-I- 0 it -m~ . . CERTIFICATE OF SERVICE 410r;006, I, Gloria M. Rine, rJ' Paralegal to Sandra L, Meilton, Esquire, for the firm of Tucker Arensberg, P,C" hereby certify -#- AND NOW, this ~ if day of that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire Martson, Deardorff, Williams & Otto .10 East High Street Carlisle, PA 17013 _A,L Gloria M, Rine l\. _ ..t. ~ V"I ~ ~ ~ ~ - - "-> t:> ~ F ~ (') c:: -.? ~. ~"() (.i i"-''-' .-/ '-, ....- - U: ~~~~ \ , . "./ ',-, '"C, ..,.".,-". >' \'-~ Z' :2 ~ ~ d' ..-\ :;C::!'" ::I:,-o c:.: f11f: G''') -nr.!:\ W ')~'":( o \~::J(:? ~ -'ll',~~ ->> orl '2 _-\ - ~ rG '" .. LISA A, ERICKSON-MCCARREN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 06-5072 CIVIL ACTION LAW GARY], MCCARREN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Septe~ber 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that pm1ies and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Flo~!:!Cumberl~...~_f_~':!!!!YSourt~_~use1-f.llrlisle on _._____.!..!_~~ay, Octol~~!:.1~1}006 ____ 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 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 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 Hubert X Gilroy, Esq. Custody Conciliator r1n 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 olTice, 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170] 3 Telephone (717) 249-3166 . fJI" .~'#.~ ~~ ~'?'L.tl #/f/ ~ ~. ~~ ~?il~ [. -I; ~ /w :z ~ /.4o'J"?l 1(7 L .~ IC'(' PI! t t..' .;:.., f-;~:. '-- pn'!'" juJG JH1.:JO ':-;.:JlH NOV 1 5 2006 {f LISA A. ERICKSON-MCCAREN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CML ACTION - LAW GARY J. MCCAREN, Defendant NO. 06-5072 IN CUSTODY COURT ORDER .Jz AND NOW, this ~ day of November, 2006, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ~qWre Custody Conciliator fr:" .d... n 'ctti _.1- -, \:::) f~c' ".:-\ t~~. ~"<\o-~ '~\.1.-1 ti-:C \-" ~ e, c-.1 .;$ C'1 ;c e.- ll") - r; .-:~ ~ ....(-:'J C~' ~ ~ '5 Q .It Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 lmaclay@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LISA A. ERICKSON - McCARREN, Plaintiff No. 2006-5072 (Civil Term) v. CIVIL ACTION - LA W GARY J. McCARREN, Defendant (In Divorce) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this I t; ~ day of Mv (Yh 1 (IL , 2006, by and between Lisa A. McCarren (hereinafter referred to as "Mother") and Gary J. McCarren (hereinafter referred to as "Father") (hereinafter collectively referred to as the "Parties"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of one (1) minor child, namely, Gage A, McCarren, whose date of birth is November 29, 1990; and WHEREAS, the Parties separated on or about April 1, 2004; and WHEREAS, Mother filed a Custody Complaint on or about August 30, 2006; and WHEREAS, the Parties wish to work together to make decisions that they believe are in the best interest of the Child; and WHEREAS, the Parties wish to avoid the necessity of Conciliation; and .' WHERAS, the Parties have reached an agreement with regard to legal and physical custody arrangements for the Child; and WHEREAS, the Parties now wish to formalize and memorialize the terms of their agreement and have that agreement entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. The Parties shall enjoy joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Child, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Child. If the Child is sick and is unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other Party can attend, ifhe or she so chooses. Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to equal access to all records and information pertaining to the Child, including, but not limited to, the Child's school, Ln . , ,- medical, dental, religious and other important records, the residence address of the Child and the other parent. As soon as practical after the receipt by a Party, copies of the Child's school schedule, special events notifications, report cards, and similar items shall be provided to the other Party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Child's report cards and other reasonable papers affecting the Child's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2. Physical custody of the Child, as that term is defined in the Custody Act, shall be as follows: a. Mother shall have primary physical custody of Gage. b. Father shall have periods of partial custody as the Parties may agree. 3. Each of the Parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other Party. Neither Party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other Party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. The Parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. ,. 4. Each Party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each Party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. 5. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other Party by telephone or any other means practical, informing the other Party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 6. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 7. The Parties are free to modify the terms of this Stipulation, but in order to do so, the Parties must be in complete agreement to any new terms. 8. The Parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. , ... 9. Any major, long-term modifications of this Stipulation need to be in writing, agreed to by both Parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both Parties. In the event that either Party is not in agreement with a proposed change, this Stipulation will control the custodial arrangement until such time as the parties are able to agree. IN WI~NJSS WHEREOF, the parties ,and their respective counsel have their hands and seals this / r-"'day of )l;Vf dJl14, 200&. WITNESSES: ~~~:~t~ (~ J~;e ! L. Spears, Esquire Attorney for Father S-'"2 ~-~ r--.) ~~~~ t":1" -"":19 4/1!':.__ C) ~, -J :"'" :;h:l .'J o ~D a -< C)tZf.1{Y)(J. ( \-\ MOV 20 2006P?! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA A. ERICKSON - McCARREN, Plaintiff No. 2006-5072 (Civil Term) v. CIVIL ACTION - LAW GARY J. McCARREN, Defendant (In Divorce) ORDER AND NOW, this ~ day of ~ , 2006, upon consideration of the attached Stipulation and Agreement, it is hereby ORDERED and DECREED as follows: 1. The Parties shall enjoy joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Child, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Child. If the Child is sick and is unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other Party can attend, ifhe or she so chooses. Pursuant to the terms ofPa.C.S. ~5309, each parent shall be entitled to equal access to all records and information pertaining to the Child, including, but not limited to, the Child's school, \i\i\I\//\~.' )\S \1 \ ~':~d },J.NiiC ''''(j'tHl'J 2E : \ Hl~ I Z (ION 9nGZ AtN10>;u. 3\--11 :\0 :t8 \,.'::d Cy,<:r:r\t~ medical, dental, religious and other important records, the residence address of the Child and the other parent. As soon as practical after the receipt by a Party, copies of the Child's school schedule, special events notifications, report cards, and similar items shall be provided to the other Party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Child's report cards and other reasonable papers affecting the Child's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2. Mother shall have primary physical custody of the parties' minor child, Gage A. McCarren, and Father shall have periods of partial custody of the child as the parties may agree. 3. Each of the Parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other Party. Neither Party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other Party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. The Parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 4. Each Party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each Party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. 5. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other Party by telephone or any other means practical, informing the other Party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 6. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 7. The Parties are free to modify the terms of this Order, but in order to do so, the Parties must be in complete agreement to any new terms. 8. The Parties shall cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 9. Any major, long-term modifications of the custodial schedule need to be in writing, agreed to by both Parties, and executed with the same formalities as the attached Stipulation. Minor, short-term changes can be made orally, if agreed upon by both Parties. In the event that either party is not in agreement with a proposed change, this Order will control the custodial arrangement until such time as the Parties are able to agree. BY THE COURT, jl-/if)--D~ ~,~ .Jf5' J ,1.