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Home My WebLink About07-0232 KATHLEEN E. SHIREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W Defendant : NO. C>1-~3~ : IN CUSTODY CIVIL TERM LANE D. SHIREY, COMPLAINT FOR CUSTODY 1. Plaintiff is Kathleen E. Shirey, an adult individual currently residing at 92 Station Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Lane D. Shirey, an adult individual currently residing at 802 North Fourth Street, Hamburg, Berks County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Caelan Jade Shirey, born May 30, 1995. The child was not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Kathleen E. Shirey 92 Station Road June 20, 2006 to Newville, PA 17241 Present Lane D. Shirey 92 Station Road 1999 to Kathleen E. Shirey Newville, PA 17241 June 20, 2006 The natural mother of the child is Kathleen E. Shirey who resides as aforesaid. She is married. The natural father of the child is Lane D. Shirey who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the child. 6. The relationship of the Defendant to the child is that of natural father. Defendant currently resides alone. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the parties' child from the time of her birth through present; b) Plaintiff can provide a stable home for the child; and c) Plaintiff can provide for the day to day needs of the child. 10, Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 11. The parties have reached an agreement in this matter and ask that the Court sign the Stipulation and Agreement, being filed concurrently with the Custody Complaint, as an Order. WHEREFORE, Plaintiff requests your Honorable Court to enter the Order regarding the parties Custody Stipulation and Agreement, which is being filed concurrently with the Custody Complaint. Respectfully submitted, ,~~ ~ ",) 1\ It..ttl\. - c,\ "" \ e lJ\ Hannah Herman-Snyder:Esqu e ' Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ~ -...)0 -. alp A) ~ 0 ,......;) ~ C~ c:::> C;) ^ ;::~ -.. ~ ........ C- 1t ...... :;p.s ~ :;z . () N ""'" ~ ........ (). -0 -..,;;.... .... --""" ~ -U - b' ""'" .. ...() N ~ ~ -.J ~ ~ ~ JAN 1 7 2007 r~ ( " KATHLEEN E. SHIREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW LANE D. SHIREY, JR, Defendant : No.61-2)~IVIL TERM : INCUSTODY ORDER OF COURT AND NOW, this ~(, - day of 1--", and Agreement is hereby made an Order of Court. , 200f, the attached Custody Stipulation BY THE COURT, Ai J. cc: ,Af"'annah Herman-Snyder, Esquire Attorney for Plaintiff ~ ~lUel Andes, Esquire Attorney for Defendant I,.,! ~ k 'el'"' f"\:. ~ ~~~. '" >-. 1 f ~ tt {J ~ -r \ ~ . , L S :8 Hd 92 NiT LOOl AtJV10i'-K)H.LCdd 3Hl ::10 ;:] ~}::l:' o-{]:n!:l L 8 :8 Hd 92 NVf LOOl AtlVIOi,;OH.LCdd 3Hl ::10 :1:)'::\:'(r'03l\:1 . . KATHLEEN E. SHIREY, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION - LAW LANE D. SHIREY, JR, Defendant . : NO.01.,.Jd..2..CIVIL TERM ; IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Kathleen E. Shirey, (hereinafter referred to as "Mother") and Lane D. Shirey, Jr. (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely, Caelan Jade Shirey, born May 30, 1995 (hereinafter referred to as "Child"); WHEREAS, the parties live separate and apart and wish to enter into a Comprehensive Stipulation and Agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows; 1. The parties shall share legal custody of the child. The parties will cooperate to consult with each other and, to the fullest extent possible, make all major decisions affecting the child's life by mutual agreement. The parties will cooperate to share all information regarding the health care, education, religious training, and other matters relating to the child of significance. In the event that either party must make decisions for the child on . - an emergency basis when the other parent is not available, they win contact and consult with the other parent as promptly thereafter. 2. Mother shall exercise primary physical custody of the child. 3. Father shall have such periods of temporary or partial custody of the child as the parties agree, but they shall not be less than alternating weekends, regular holidays as provided for in Paragraph 4, and reasonable periods of time each year for vacation. In the event that the parties cannot agree upon a specific schedule of the Father's custody, either party may petition the court for an order setting such a specific schedule. 4. The parties shall share in all holidays equally. Holidays are defined as Christmas, New Year's Day, Thanksgiving, Memorial Day, Fourth of July, Labor Day, Easter, and any federal holiday for which the parties are off of work. 5. Transportation shall be shared equally unless one of the parties moves such that the distance between the parties is more than a one and a half (I ~) hour drive. Should one party move such that he/she is more than a one and a half (1 ~) hour drive away from the other party, the non-moving party shall be responsible for no more than a one (I) hour drive to exchange custody of the child. 6. When the child reaches the age of sixteen (16) years, the parties agree that the child may choose the visitation schedule, however, holidays shall continue to be evenly shared between the Mother and Father. 7. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that , , the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development ofthe child's love and affection for the other party. 9. The parties acknowledge that the Court of Common Pleas of Cumberland County has proper jurisdiction and venue in the matter of custody of this child and the parties agree that this stipulation may be entered as an order by that court. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof: set forth their hands and seals the day and year hereinafter mentioned. WIlNESSETH: ('-/to/Ob Date D. SHIREY, JR. y;JP& ~ ~ ~~ YJ,~ J )/~ ~ ~ , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this [)) day of L:eC , 2006, before me, the undersigned officer, personally appeared KATHLEEN E. SmREY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No~4~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANN FREHN, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEB. 2, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this dV day of b~. , 2006, before me, the undersigned officer. personally appeared LANE D. SHIREY, JR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANN FREHN, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEB. 2, 2008 $] ~ ~ <.:3 ~~ <-- :t"'1"\ l~~~- ~ rl1 r:: ';;l:- _(\ rr:l - .,,'"'q "j '" C' :sQ. -0 _~_ -n - CJO -- :~rn - 9, "J": (..oJ ~ -