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Home My WebLink About02-3686PAUL M. WINER, Plaintiff Vo SUSAN C. WINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 02-3686 : : CIVIL ACTION - LAW : IN CUSTODY ACCEPTANCE OF SERVICE OF COMPLAINT IN CUSTODY I, Susan C. Winer, Defendant in the above-captioned matter, certify acceptance of service of a certified copy of the Complaint for Custody filed by Plaintiff, Paul M. Winer on August 1, 2002. Date: Susan C. Winer, Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717} 236-9428 · FAX (717) 236-2817 PAUL M. WINER, : Plaintiff : : V. : : SUSAN C. WINER, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN. SYLVANiA NO.: 02-3686 CIVIL ACTION - LAW IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ° FAX (717) 236-2817 PAUL M. WINER, Plaintiff SUSAN C. WINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2L & CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Paul M. Winer, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support follows: 1. The Plaintiff is Paul M. residing at 543 Harvest 2 o thereof avers as Winer, an adult individual Lane, Mechanicsburg, PA. (hereinafter referred to as "Father"). The Defendant is Susan C. Winer an adult individual residing at Pennsylvania Place, 301 Chestnut Street, Apt. 1803, Harrisburg, Pennsylvania 17101. (hereinafter referred to as "Mother") . Plaintiff seeks primary physical custody of the following children: Name Zachary W. Winer Rachel A. Winer Adam J. Winer Present Address 543 Harvest Lane Mechanicsburg, PA 543 Harvest Lane Mechanicsburg, PA 543 Harvest Lane Mechanicsburg, PA Date of Birth 5/30/94 9/19/95 9/15/97 The children were not born out of wedlock. The children are presently in the custody of Father, resides at 543 Harvest Lane, Mechanicsburg, Pennsylvania. who MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRrSBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 During the past five years, the children have resided with ~he following persons and at the following addresses: (List Ail Persons) Plaintiff and Defendant Plaintiff and Defendant (List Ail Addresses) (Dates) 543 Harvest Lane Mechanicsburg, PA 605 Park Ridge Dr. Mechanicsburg, PA Past 3 yrs. 1997-1998 The mother of the children ?esiding at Pennsylvania Place, Harrisburg, Pennsylvania 17101. She is married. The father of the children is Paul M. Winer, currently residing at 543 Harvest Lane, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides in the marital residence with the three children. is Susan C. Winer, currently 301 Chestnut Street, Apt. 1803, 5 o The relationship of Defendant to the children is that of Mother. The defendant currently resides alone. Plaintiff has not participated as a party or witness, another capacity, in other litigation concerning the custody of the children in this or another court. or in MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ,* FAX(717) 236-2817 Plaintiff has no information of a custody proceeding :oncerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the )roceedings who has physical custody of the children or claims ~o have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is the party most suited to be the children's primary physical custodian. The children have good relationships with both parents, and a liberal partial physical custody arrangement will permit the parties and the children to maintain these relationships. 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. WHEREFORE, Plaintiff, Paul M. Winer requests the court to grant him primary physical custody of the children and award liberal rights of partial physical custody of the children to Defendant. 3 MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 '* FAX(717) 236-2817 Respectfully submitted, MEYERS, DESFOt & BOYLE Attorney I.D. g~e~quire SALTZ~VER #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 4 MEYERS, DESFOR, SAL'FZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRrSBURG, PA 17108 (717} 236-9428 * FAX (717) 236-2817 VERIFICATION I, paul Winer , verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. 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: 8/1/02 X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 PAUL M. WINER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO.: : SUSAN C. WINER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /~ day of ~/~ , 2002, the attached Stipulation and Agreement for Custody dated August 1, 2002 shall hereby become an Order of Court. BY THE COURT: Jo MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 PAUL M. WINER, Plaintiff SUSAN C. WINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3686 CIVIL ACTION - LAW IN CUSTODY STIPULATION A~-D AGRER~NT FOR CUSTODY AND NOW this parties in the above-captioned action Paul M. Winer (hereinafter "Father) and Susan C. Winer (hereinafter stipulate and agree as follows: 1. /~/~ day of ~/~ ,2004 the "Mother) The parties shall have shared legal custody of their three minor children, namely Zachary W. Winer, date of birth May 30, 1994, Rachel A. Winer, date of birth September 19, 1995, and Adam J. Winer, date of birth September 15, 1997. Shared legal custody means that the parties shall share in all major decisions in the children,s lives including medical, religious and educational decisions. Father shall have primary physical custody of the children. Mother shall have partial physical custody of the children as further set forth herein. The parties are entering this Stipulation pursuant to their agreement that Father may relocate with the children out-of-state. Father shall advise Mother of his new residence, address and telephone number prior to said relocation. Additionally, Father shall provide Mother with all information regarding the children's new school MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ° FAX(717) 236-2817 4 o o as soon as possible. During the school year Mother shall have partial physical custody of the children for two (2) of the holiday vacations from school. Mother shall provide Father with thirty (30) days notice of her in'sention to exercise these periods of partial physical custody. Ail three children will time. The children shall be all of the airline flights. of the visit Mother at the same accompanied by a parent on Father shall pay for the cost children's airfare and accompanying parent for one holiday period per school year and Mother shall pay same for the other holiday period during the school year. Mother may visit the children during the school year. Mother shall provide Father with fourteen (14) days notice ~f all intended visits. During the summer school vacation, Father shall have custody the first two weeks after school ends and the last two weeks of the summer prior to the commencement of the new school year in the fall. Mother shall have partial physical custody of the children for the remainder of the summer vacation from school. Father shall pay for the airfare for the children and a parent to accompany them for this period of summer vacation visitation. MEYERS, DESFOR, SAL~ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 o 10. 11. 12. Susan C. Winer Father shall be permitted to visit the children during the summer vacation provided he gives Mother fourteen (14) days notice. Ail communications regarding the children's travel and the scheduling of flights shall be in writing between the parties to reduce any confusion. The parties agree that they each will cooperate with the other to engender a warm and low[ng relationship between the children and the other party. The parties agree that they shall each strive to provide the children with a stable, loving and respectful atmosphere in their respective home environments. The parties agree that they shall be flexible on all issues regarding custody and visitation of their children. The parties agree that this Stipulation and Agreement for Custody shall become an Order of Court. Paul M. Wirier MEYERS, DESFOR, SALTZGIVER & 8OYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 PAUL M. WINER, Plaintiff SUSAN C. WINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3686 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2¥~ day of ~,v , 2004, the attached Stipulation and Agreement for Custody dated ~6~_~ /~, 2004 shall hereby become an Order of Court. BY THE COURT: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817