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HomeMy WebLinkAbout06-6411 11/132/136 15: 138 z: 181314574132 O'CONNOR LRW OFF P.132 .. I 11. TaU: COllllT OF COMMON PLEAS OF' CUMBERLAND COlJNTY, r PENNSYLVANIA I I KELL~ A. CULHANE, NO. c(. -"-1/1{ C!.( u;l_~"r) : Plaintiff :";:,, I CIVIL ACTION - LAW KENNETH R. STRATNING, . Defendant CUSTODY NOT\Cl!{ '1~O DEFEND AND CLAIM RIGHTS , You have. been sued in C01.ut, If you wish to defend against the claims set forth in the following pagcs, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing hi writing with the court your dc1cnscs or objections to the claims set forth against you. Yt' u are warned that if you fail to do so the C~tse may proceed without you and a judgme 1t may be entered against you by the COUl1 without further notice for uny money claime in the complaint or fOf any otht:r claim or relief requested by the Plaintiff. You I may lo~e money or property or other rights imporlanl to you. I lvou SHOULD TAKE TillS PAPER TO YOUR LAWVER AT ONCE. IF I YOU QO NOT HAVE A LA WYl'~R OR CANNOT AFFORD ONE, {;O TO OR TELEPHONE THE OFFICE SKI' FORTH BELOW TO FIND OUT WHERE YOU CAN dEl' LE(~AL HELP. Cumberland County Uar Association 2 Liberty Avenue CR.-lisle. P A 1701 ~ Telcphone: (717) 249-3166 - ," ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. CULHANE, Plaintiff NO. 01.. -1.41( C'-v'lL 1~h1. vs. CIVIL ACTION - LAW KENNETH R. STRAINING, Defendant CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, KELLY A. CULHANE, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint for Custody of which the following is a statement: 1. The Plaintiff is KELL Y A. CULHANE, an adult individual who resides at 723 Dickel Street, Anaheim, Orange County, California 92805. 2. The Defendant is KENNETH R. STRAINING, an adult individual who resides at 207 Conodoquinet Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3, Plaintiff seeks custody of the following child: Name Present Address Date of Birth Marcus Anthony Straining 723 Dickel Street Anaheim, CA 92805 January 15,2002 The child was born in wedlock. The child is presently in the custody of the mother, KELLY A. CULHANE, who currently resides at 723 Dickel Street, Anaheim, Orange County, California 92805. ,- ~ During the past five (5) years, the child resided with the following persons at the following addresses: Persons Address Date Plaintiff Shawn J. Simmons 723 Dickel Street Anaheim, CA 92805 5/31/06 to present Defendant April Straining Jasime Staley Kalise Renard 207 Conodoquinet Drive Camp Hill, P A 17011 3/1/06 to 5/29/06 Plaintiff Patricia Wert 48 S. Railroad Street Hummelstown, P A 17036 10/15/05 to 3/1/06 (alternating weeks) Defendant 207 Conodoquinet Drive 10/15/05 to 3/1/06 April Straining Camp Hill, P A 17011 (alternating weeks) Jasime Staley Kalise Renard Plaintiff 208 E. Main Street 12/25/04 to 10/15/005 Hummelstown, P A 17036 Plaintiff 208 E. Main Street 5/25/02 to 12/25/04 Defendant Hummelstown, P A 17036 Plaintiff 206 E. Main Street Birth to 5/25/02 Defendant Hummelstown, P A 17036 The father of the child is KENNETH R. STRAINING, who currently resides at 207 Conodoquinet Drive, Camp Hill, Cumberland County, Pennsylvania 17011.. He is married. The mother of the child is KELL Y A. CULHANE, who currently resides at 723 Dickel Street, Anaheim, Orange County, California 92805. She is divorced. ," ~r- 4. The relationship of Plaintiff, KELL Y A. CULHANE, to the child is that of mother. The Plaintiff currently resides with the following persons: Shawn J. Simmons and the child, Marcus Anthony Straining. 5. The relationship of Defendant, KENNETH R. STRAINING, to the child is that of father. The Plaintiff currently resides with the following persons: April Straining, Jasime Staley and Kalise Renard. 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 or any other state. Plaintiff does not know of any 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 interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is in the better situation to provide primary physical custody. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has 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 child will be given notice of the pendency of this action and the right to intervene: (None) WHEREFORE, Petitioner respectfully requests that this Honorable Court grant primary physical custody of the child to Plaintiff. ," .".. By: G. atrick O'Connor, Esquire 3105 Old Gettysburg Road Harrisburg, P A 17011 717-737-7760 Attorney J.D. #64720 ATTORNEY FOR PLAINTIFF DATE: 10- 020- f) ~ .. ....,. ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby verify that I am the attorney for the Plaintiff and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~ "'b. Patrick O'Connor, Esquire DATE: It) 0' )J)-t)~ (":) ~ :A:J " r-.., 0 (.-:-::.J ~ ........ '-''''' C;:..-:::> ~ J...J Cj~ -- . " , e:::,;; D I, -"':~. I UJ () w "'-- ~ w ~ ~ , Cf) ~;~ ...a ~:~ ~ ..r::..- :< ~ -..J '-l... CUSTODY AGREEMENT THIS AGREEMENT made and entered into this :23 rd.-day of October, 2006, by and between KELLY A. CULHANE, of Anaheim, Orange County, California, (hereinafter known as "Mother") PARTY OF THE FIRST PART, and KENNETH R. STRAINING, of Cumberland County, Pennsylvania, (hereinafter known as "Father"), PARTY OF THE SECOND PART. WHEREAS, Mother and Father are desirous of providing for the shared custody of their minor Child, MARCUS ANTHONY STRAINING, born January 15,2002, (hereafter known as "Child"); and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the promises and covenants herein contained and intended to be legally bound hereby, it is agreed by and between the parties hereto as follows: 1. CUSTODY AND VISITATION A. Mother and Father shall have joint legal custody of the parties' minor Child to the end that the parties shall share jointly the custodial responsibility for the minor Child. By custodial responsibility, it is meant that the parties shall share major decisions concerning education, medical care, and spiritual upbringing. The parties hereby expressly agree and state that it is not possible nor desirable to dissolve the parental relationship between the parties either as to the minor Child or as to themselves. Therefore, the parties expressly state and agree that they wish to continue to be jointly, as well as severally, responsible for the custody and upbringing of their Child. .\-'? B. The parties hereby designate Mother to be primary physical custodian of said Child, subject to the rights of partial custody in the Father, as stated below. As a result of such designation, Mother alone shall have the right and duty to make all day-to-day parental decisions and act as the primary care parent to the Child while the Child in her custody. Therefore, Mother may, on her signature alone, authorize emergency medical care for the minor Child, authorize absences and special events for said Child in school, and authorize the physician, dentist or other medical person to care for said Child. C. Father shall have physical custody of the Child for at least ten (10) days during the Christmas Season in 2007 and in each odd-numbered year thereafter. The dates that Father shall have physical custody during the Christmas Season shall be determined by mutual agreement. The number of days that Father may have physical custody during the Christmas Season may be extended by mutual agreement of the parties, Father shall provide at least eight (8) weeks notice of the dates that he desires to have physical custody of the Child during the Christmas Season so as to allow the parties to purchase airline tickets at a favorable price. D. Father shall have physical custody of the Child for at least twenty-one (21) days every Summer during the Child's summer vacation. This period of time may be extended by mutual agreement ofthe parties. The dates that Father shall have physical custody during the summers shall be determined by mutual agreement, but Father shall provide Mother with at least four (4) weeks' ~ advance notice of the dates that he desires to have physical custody during the summer vacation period. E. Father may have physical custody at other times that the parties mutually agree upon. Except as provide otherwise in this agreement, Father shall provide at least eight (8) weeks notice of the dates that he desires to have physical custody. 2. TRANSPORTATION OF THE CHILD The parties hereby agree that the party who will be receiving custody during any period of time shall take responsibility of obtaining and paying for airline transportation for the Child. Thus, when the Child is transported to the residence of the Father, Father shall purchase the Child's ticket and pay the cost of transportation. When the Child returns to Mother, Mother shall purchase the Child's ticket and pay the cost of transportation. The parties may purchase round-trip airline tickets if the parties can mutually agree on arrangements and reimbursement to the party making the purchase. 3. CHILD SUPPORT The parties hereby agree that Father shall pay to Mother support during the months of September through May of each year while the Child is attending school, so that Mother shall receive three hundred dollars ($300.00) for every two months in which the Child is attending school. Payments shall alternate from month to month, starting with a payment of two hundred dollars ($200.00) for October, 2006. Thereafter, every second month in which a payment is made, the amount of the payment shall be two hundred dollars ($200.00). In the alternating months, payments shall be in the amount of one hundred dollars ($100.00) for each of the alternating months. For example, for the ~ remainder of 2006, Father shall make payments of two hundred dollars ($200.00) each month to Mother during the months of October and December, and a payment of one hundred dollars ($100.00) in November. During 2007, Father shall make payments of one hundred dollars ($100.00) each month in January, March, May, October and December, and two hundred dollars ($200.00) each month during February, April, September and November. No payments will be made in June, July and August. Said payments shall continue until such time as the child graduates from high school or reaches the age of 18 years, whichever occurs first. 4. LEGAL COUNSEL The Mother is represented by the law office of G. Patrick O'Connor, Esquire. The Father has been advised of his right to seek legal counsel of his choice. Each of the parties agrees that he or she has entered into this Agreement with a complete understanding of the contents thereof. 5. ENFORCEMENT If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Failure to seek a remedy for one or more breaches shall not be deemed a waiver of any subsequent breach. 6. WELFARE OF THE CHILD TO BE CONSIDERED The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Agreement and subsequent court order. ~ Both parties shall 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. ILLNESS OF CHILD Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of a Child at any time, any party then having custody of the Child shall immediately communicate with the other parent or parties by telephone or any other means practical, informing the other parent 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. 8. MODIFICATION OF AGREEMENT Both parties are free to modify the terms of this Agreement if and only if both parties are in complete agreement to any such modification. In the event both parties are not in complete agreement to a proposed change, then the terms of this Agreement and subsequent court order shall control and remain in full force and effect. 9. ORDER OF THE COURT The parties agree that this Agreement shall be entered as an Order of Court in Cumberland County, Pennsylvania, and shall continue in full force and effect until [a] further Order of Court, or [b] stipulation of the parties. ~ 10. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 11. BINDING EFFECT This Agreement shall be binding upon the respective parties, their heirs, executors, administrators, successors and assigns. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. ~ IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ~ d. ~~ (SEAL) KELLY . CULHANE (SEAL) KENNETH R. STRAINING IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written. (SEAL) EAL) KELLY A. CULHANE \bJ STATE OF CALIFORNIA ) : SS, COUNTY OF ORANGE ) On this, the 2- ?J day of 1lCJo \xv , 2006, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared KELLY A. CULHANE, kRa'Nfl to nl~ (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J-.------. HEIDI M. RAMlaEZ ~ - Comm.' 1498957 I NOTARY PUBlIC-CAUFORNIA U) Orang. County - My Comm. Expire, July'. 2OOS" ~~rw.~EAL) Not Public COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) On this, the ~~ </1;.... day of tJU-~ , 2006, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared KENNETH R. STRAINING, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOT ARlAL SEAL G. Patrick O'Connor, Notary Public Lower Allen Twp" Cumberland County My commission expires October 28, 2007 ~~ /Notary Public (SEAL) r---~') C.:::.J {,,-;::;) C.T" (",.,) .-.-:...... t W 0::> ~'- - \..i) NOV 0 8 2DD6 bit ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. CULHANE, Petitioner NO. OL. - (,'1 11 Ci",'(T~ vs. CIVIL ACTION -- LAW KENNETH R. STRAINING, Respondent CUSTODY ORDER AND NOW, TO WIT, this \ 6 tL day of -1J ~.. . , 2006, upon consideration of the attached Petition for Entry of Agreement, it is hereby ORDERED and DECREED the custody agreement dated the 2.3 kI day of October, 2006, is adopted as an Order of Court and the parties are bound thereby. BY THE COURT 1. ...,...~ lJ-; '(;~. ,~-:: t-, (I' ';-~ ....-., L...:.- \:r~t')"- ~1..tJ W-:e. r-" \..1..-) C. co c.J C~ ~J_ 0- C'? - ~~ ~ ~.o <g (.-......1