HomeMy WebLinkAbout95-06136
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: IN THE COURT OF COMMON PL'EAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACflON - LAW
: IN CUSTODY
CATHY S. SHERMAN,
Plaintiff
v.
BRIAN L. SHERMAN,
Defendant
~ NO. 95_u,I.3~IVIL TERM
~USTODY AND VISITATION AGREEMENT
THIS AGREEMENT, made this .1,/ day of,. "'." ,1995, between plaintiff, Cathy
S. Sherman, hereinafter "mother," and defendant, Brian L. Sherman, hereinafter "father,"
concerns the custody and visitation of their child: Tyler R. Sherman, born July 21, 1991.
WHEREAS, mother and fBther desire to enter into an agreement as to the custody of the
child and to have this agreement made an Order of Court, mother and father aaree to the
following:
I. Mother and Father shall have shared legal custody of the child.
2. Mother shall hBve primary physical custody of the child subject to the followina
periods of partial custody by the father:
a. F8ther shall have partial physical custody every weekend from Saturday at 10:00 a.m.
until Sunday Bt6:00 p.m.
b. Father shall have partial physical custody, on a1ternatlna weekends. Holidays and
times shall be mutually agreed on by the parties 8t a later date.
c. At other times as mutually agreed to by Ule parties.
d. Mother shall not unreasonably withhold agreement to mutually agreeable times.
3. During these periods of partial custody, transportation shall be provided by the father.
4. Failure of the father to exercise his partial custody rights shall not operate u a waiver
of his rights.
5. Mother and Father shall not speak or act in any manner, in the prcsence of the child,
that may alienate the child from Ule other parent.
6. In the event of a medical emergency, while the child Is In their custody, Mother and
Durina the past five yeara, the chlldnm have resided with the following penonl and at
the followlna addresses:
PenoIII
Cathy S. Shennan
Add.-
Dala
174 Condoguinet Mobile Estates
Trailer 1174
Newville, PA 17241
1/94-present
Cathy S. Sherman
Joyce Fahnestock
Ben Sheaffer
Me11118 Sheaffer
Tiffany Fahnestock
Cathy S. Sherman
Brian L. Sherman
103 E. Willow Street
Carlllle, PA 17013
8/15/93-1/94
298 Stone House Road
Carlisle, PA 17013
7/21191.8115193
The mother of the child Is Cathy S. Sherman, currently residing at 174 Conqu1net
Mobile Estatea, TraIler 1174, Newville, Cumberland County, Pennsylvanll 17241.
She II divorced.
The fBther of the child Is Brian L. Sherman, currently residing It 29 S, High Street, Apt.
13, Carlllle, Cumberland County, PennlylvanlB 17013.
He II divorced.
4. The relationship of the defendant \0 the child II that of father. The defendant lives
with hll girlfriend, Deborah Lynch, and their child, Dillon Sherman. Lindsay Lawyer, dllllhter
of Deborah Lynch, BIIO resides In the fBmlly home.
5. The relatlonlhlp of plaintiff to the child II that of mother. The plaintiff currently
resides with the subject minor child.
6. Plaintiff hal not participated U B party or witness, or In another capacity, In other
litigation concerning the cUltody of the child in thll or another court.
7. Plaintiff hu no Information of a custody proceeding concerning the child pending in
B court of this Commonwealth.
8. 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.
9. The best Interest and permanent welfare of the child wll1 be served by granting the
relief requested because:
B) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff provides the child with a home with adequate moral, emotional and physical
sunoundings as required to meet the child's needs;
c) Plaintiff Is willing to accept custody of the child;
d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the
child;
10. Each parent whose parental rights to the child have not been terminated and the
penon who has physical custody of the child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant custody of the child to her.
Dale
IO/~~-/'iJ-
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(.6- ... CLl' I... I'll I~L .~1 \ .u" lU)"-!'-
COLLEEN RENE SHEDLOCK
Certified allntern
THOM M. PLACE
ROBERT E. RAINS
KATHERINE C. PEARSON
Supervising Attorney
GAIL R. SHEARER
Staff Attorney
FAMILY LAW CLINIC 45 North Pitt Street
Carlisle, PA 17013
717/240-5204
Support payments: $200.00 month
Disability payments: none
Unemployment compensation and supplemenlal benefits: none
Workman's compensation: none
Public Assistance: none
Other: none
(d) Other contributions to household support
(Wife)(Husband) Name: N/A
If your (wlfe)(husband) Is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash: $0.00
Checking account: none
SBvlngs account: none
Certificates of deposit: none
Real estate (including home): none
Motor vehicle: Make , Year none
Cost , Amount Owed $
Stocks; bonds: none
Other: none
(I) Debts and obligations
Mortgage: N/A
Rent: $3S0.00/monlh
Loans: NI A
Daycare: $IOO.OO/month
Phone: $20.00/month
Electric: $60.00/month
Fuel: $SO.OO/month
Transportation: $40.00/month
Groceries: $300.00/month
Laundry: $40.00/month
Cable: $40.00/month
Health Insurance: $116.00/month
Clothing & Essentials $ISO.DO/month
(g) Persons dependent upon you for support
(Wlfe)(Husband) Name:
Children, If any:
Name: Tyler Sherman Age: 4 years old.
Other persons:
Name:
Relationship:
4. I underltand lhal I have a conlinulng obllgallon 10 Inform lIIe court of
Improvemenlln my financial clrcumslal1cel which would permh me to pay lIIe
COils Incurred herein.
S. I verify lIIal lhe stalemenlS made in lhls aflidavil are uue and correcl. I
underslal1d lhal false slalemenll herein arc made subjecl to lIIe penalties of 18
l'a.C,S. 14904, relallng 10 unsworn falsificallon 10 aUlhoritiel.
Dlle ~ t\ -~l\ .C\,:)
( I (L\::\U_~':J \JJ.- ..1\0 1
Calhy S. S erman