Loading...
HomeMy WebLinkAbout95-04355 , , ~ ~ 1)'1 .;:. Illi ~ ~ , . , 1 J ~ ~.. ct. ~. .... ~r: "'~,.,: ~ ",f ~..,,: ~"It ........)t-"l ll...,T.',-) . (")1:' _~..I '. ,:;......,' ,,:.:...1'" .~ It, r.: Ln '..LJlhl;'- - <..',.1/'('" j::::oi;I\. ... ,;') O~l IA . 18 :; co \\ ~~ ~\..: , ') ~ .~ ~ \X) ~t~ , , Jf , , , , , , . , , , '.\ : ' "f ,.. "" " , , , ........ .,A . . AUC3'lS 1995~ . . 'KARON R. KYLI, maternal qrandmotber an4 ~AULINI B. HATTIR, maternal qreat-qran4motber, plaintiffs IN THI COURT OF COKMON PLIA. OF CUMURLAND COUNTY, PIIlf1fIYLVANIA vs. I I I I I I I I I I CIVIL ACTION - LAW CUSTODY 5/1' 117.:., .'; etc',} 'l..~e,,", NO. CIVIL 199' JIlfIfIFIR 8UI rUNK, mother an4 NICHAIL FLINCHUM, fatber, Deren4ants ORD.R or COURT AND NOW, this ,~ ~ day of -A.. O~'5>- i , 19~, upon agreement of the parties, the attached Stipulation and Agreement of Custody is made an Order of Court. BY THE COURT, . J. 'KARON .. KYLB, .aternal qrandaother and 'AULINB 8. HATT.., .aternal qrea~-qrand.other, nalntifts IH THB COURT OJ' COIUIOH UBA' OJ' CUKBIl.LAIID COUNTY, 'BIflf8YLVAJlIA I I I I I I I I I I vs. CIVIL ACTIOH - LAW CU8TODY JIlIflfIJ'B. 8UB J'0IfK, mother and KICHABL J'LIHCHUK, tather, Detendants HO. CIVIL 1"5 CU8TODY 8TIPULATION AND AORIlZNBNT This Agreement and stipulation entered into the day and year hereinafter set forth, is by and between Jennifer Sue Funk, natural mother and Michael Flinchum, natural father, and Sharon R. Kyle, natural maternal grandmother and Pauline B. Hatter, natural maternal great-grandmother, who aver as follows: 1. Jennifer Sue Funk, Defendant, is the natural mother and an adul~ sui juris, who resides at 117 W. Chapel Avenue, carlisle, Cumberland County, Pennsylvania 17013. 2. Michael FlinChum, Defendant, is the natural father and an adult sui juris, who resides at 201 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Sharon R. Kyle, Plaintiff, is the natural grandmother and an adult .ui juri., who resides at 214 White Dogwood Drive, Etter., York County, Pennsylvania 17319. 4. Pauline B. Hatter, Plaintiff, is the maternal great- grandmother and an adult sui juris, who resides at 301 West Main street, Elizabethville, Dauphin County, Pennsylvania 17023. 5. Mother and father are the parents of one (1) child, Christopher Lynn Funk, born February 5, 1992. 6. The parties, Jennifer Sue Funk and Michael Flinchum and Sharon R. Kyle and Pauline B. Hatter, agree to the following custody terms regarding custody of Christopher Lynn Funk, and request the terms be entered as an Order of Court: a. That Plaintiffs, Sharon R. Kyle and Pauline B. Hatter Sh3l1 have legal and physical custody of the child. b. The maternal great-grandmother, Pauline B. Hatter and maternal grandmother, Sharon R. Kyle shall have actual physical custody ot the child, with periods of partial custody awarded to the mother as follows: i. Mother shall have custody of the child every other weekend (consisting of Friday night, Saturday and sunday until 7:00 p.m.); and ii. Mother shall have custody of the child on holidays, i.e. New Years, Easter, Memorial Day, July 4-, Labor Day, Halloween, Thanksgiving, Christmas Eve and Christmas Day as agreed to by the parties. SHARON R. KYL., .aternal 9ran4aother and PAULINI B. HATTIR, .sternal 9reat-9rendmotber, Plaintiffa IN THI COURT OF COKKON PLBA8 OF CUHBIRLANDCOUNTY, PIKN8YLVANIA ve. I I I I I I I I I I CIVIL ACTION - LAW CUSTODY 9-;--1<.?5'5' ('u.J~~..., NO. CIVIL 199' JIKNIF.R 8UI FUN~, motber and MICHAIL FLINCHUM, fatber, Defendants NOTICI 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 t~at it 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 Legal Services c/o Court Administrator 4th Floor, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 'HARON a. KYLI, .aternal 9ran4aother an4 VAULINI B. HATTI., .aternal 9reat-9ran4mother, plaintiffs IN THI COURT OF COKMON VLIA8 O' CUHBI.LAKDCOUNTY, VINN8YLVANIA VS. . . . . . . . . . . CIVIL ACTION - LAW CU8TODY JINNIFI. 8UI FUHK, .other an4 HICHAIL 'LINCHUM, father, Defen4ants NO. CIVIL 1'" COMVLAINT FOR LIOAL AND VHY8ICAL CU8TODY TO THI HOHORABLI, THI JUDOl8 or 8AID COURT. 1. The Plaintiffs are Sharon R. Kyle, maternal grandmother and Pauline B. Hattsr, maternal great-grandmother, hereafter referred to as the natural grandmother and great-grandmother, residing at 214 White Dogwood Drive, Etters, York County, Pennsylvania 17319 and 301 West Main street, P.O. Box 128, Elizabethville, Dauphin county, Pennsylvania 17023 respect- ively. 2. The Defendants are Jennifer Sue Funk, and Michael Flinchum, hereafter referred to as the natural mother and father, residing at 117 W. Chapel Avenue, Carlisle, Cumberland county, Pennsylvania 17013 and 201 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, respectively. 3. Plaintiffs eeek legal and physical custody of the following child: a. ~ Present Residonce ~ Christopher L. Funk 301 W. Main Street Elizabethville, PA 17023 b. The child was born out of wedlock. 3 yrs. c. Plaintitts do not know ot a person not a party to the proceedings who has physical custody ot the child or claims to have custody or visitation rights with respect to the child. 5. Each parent who.e parental rights to the child have not been terminated and the person who has phyaical custody ot the child have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation ot the child, so none will be given notice of the pendency of this action and the right to intervene. 6. Pursuant to the Custody and Grandparents Visitation Act, the mother and tather request this Court to grant an award ot legal and physical custody to both Plaintitts, Sharon R. Kyle and Pauline B. Hatter and to allow periods ot partial custody by the mother with the child. 7. The Plaintitts request legal custody so that they have the legal right to make major deciaions aftecting the best interests ot the minor child, including, but not limited to medical, religious, and educational decisions. a. The Plaintitts request physical custody ot the child in that they are in a better. poaition to provide consistent and stable care tor the child. The Plaintifts request partial physical custody be awarded to the mother as agreed upon by the parties. 9. The best interests and permanent weltare ot the child and his physical, spiritual, emotional and moral well-being will be served by granting the reliet requested ot legal and physical custody to the Plaintiffs. 10. Plaintiffs pray for an Order awarding legal and physical custody of the minor child, Christopher L. Funk, born February 5, 1992, to them and with partial custody awarded to Defendant Jennifer S. Funk as follows: a. That Plaintiffs, Sharon R. Kyle and Pauline B. Hatter shall have legal and physical custody of the child. b. The maternal great-grandmother, Pauline B. Hatter and maternal grandmother, Sharon R. Kyle shall have actual physical custody of the child, with periods of partial custody awarded to the mother as follows: i. Mother shall have custody of the child every other weekend (consisting of Friday night, saturday and Sunday until 7:00 p.m.); and ii. Mother shall have custody of the child on holidays, i.e. New Years, Easter, Memorial Day, July 4~, Labor Day, Halloween, Thanksgiving, Christmas Eve and Christmas Day as agreed to by the parties; and Hi. Defendant mother agrees that she shall provide t.hirty (30) days written notice and obtain written consent before removing the child from Dauphin County for a period longer than one (1) week, and she also agrees to provide the Plaintiffs with an emergency telephone number and address in the event she does remove the child from Dauphin County. 1IJI...~O.., Plaintiffs pray for an Order awarding legal and physical custody of the minor child, Christopher L. Funk, born February 5, 1992, to them and with partial custody awarded to Defendant Jennifer S. Funk as follows: 1. That Plaintiffs, Sharon R. Kyle and Pauline B. Hatter shall have legal and physical custody of the child. 2. The maternal great-grandmother, Pauline B. Hatter and maternal grandmother, Sharon R. Kyle shall have actual physical custody of the child, with periods of partial custody awarded to the mother as follows: 3. Mother shall have custody of the child every other weekend (consisting of Friday night, Saturday and Sunday until 7:00 p.m.); and a. Mother shall have custody of the child on holidays, i.e. New Years, Easter, Memorial Day, July 4"', Labor Day, Halloween, Thanksgiving, Christmas Eve and Christmas Day as agreed to by the parties; and b. Defendant mother agrees that she shall provide thirty (30) days written notice and obtain written consent before removing the child from Dauphin County for a period longer than one (1) week, and she also agrees to provide the Plaintiffs with an emergency telephone number and addrees in the event she does remove the child from Dauphin county. Respectfully submitted, Date: J,/~ Date: B/t, /<)s"' , ~ ~~~~ ~e~ntiff 214 White Dogwood Drive Etters, PA 17319 (717) 938-2393 f2 -J' /1 V)/ -//--- I ,ft.!~UJ:'J,'/':'1 .t<-1~/?<:"4./) Pauline B. Hatter, Plaintiff 301 W. Main Street Elizabethville, PA 17023 (717) 362-3888 " , , I-I, ~ !!i 0)' N c:o ,;,15 , .' " I' -,:- .- , -,i'> .,'_J' .' I..,.., - g .... , , " 1 'I. . - . lRUOH R. KYLI, ..ternal 9randaotber and .AULI.. .. BATTI., ..ternal 9re.t-vrandaotber, plaintiff. VB. JI..IFIR IUI ~UWK, .otber and MICBAIL ~LI.CBUM, fetber, Defendant. I I I I I I I I I I IN THI COURT O~ COMMON .Llas OF CUX..RLAHDCOUMTY, ....8YLVAMIA CIVIL ACTION - LAW CU8TODY t)S - -f3S'.!J 6I1./~t'" NO. CIVIL 1"5 AFFIDAVIT OF SlaVICI BY MAIL PURSUANT TO PA a.c... 1'20.4 lei 1111!!1 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN I, Sharon R. Kyle, Plaintiff in the above captioned matter depo.. and .ay that a true and correct copy of the Custody stipulation and Agreement, was s.rved on Defendant Jennifer S. Funk, at 117 W. Chapel Avenue, carlisI., Cumberland County, pennsyl vania 17013, by mailing the same to her by certified mail, restricted delivery, No. P 1995. Service was accepted on ~~ dJ'I 016 241 246, on ~l...1.. ~ I , , 19.s.r. ~b~ e '!!11 Sharon R. Kyle Sworn and subscribed to befO~ \lie this J~ t;Jtt day of ~&L.. ~ , 19~. (3 ~ )n, ~ ,...,SM .....M ~,~_~ "'C<lI~e:.e'_2l1_ , P 01b 241 247 ~ Recllpt for Certified Mill '. No Inlurlne. Cov.r.g. Provided _~ Do not u.. for IM.rn.tlonal Mln IS.. Rever.el ~,," :;. A.MnR.c..IlISl'IO....11'IQ ......- 10 ',\IMm . 0.1. ()ej~" - A.M Do 'tllIl"'IF.. SOI(I.1 O.lh,.r~ F.. ....trll;llil OeIl~,"~ FM - .- '!i.,k .s:hin~ /1'1 &~h ~L.. 1 . a.-l44. t ~ ~ 7v.4 , ~- " I ~ - s ~ Ql) 1.-("1 - ~~ ..&1I"od. .... ~~.l~,'~ u-:tt..J...-, ~ '~~c..";~\ t;; ~ ,'~.:;~ , "I". ~; ',. ~J:i ..I,UW .,;':'l j':::' .'~ ,~ '. .I ',' . .. ..