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HomeMy WebLinkAbout02-4784DENNIS A. SMITH, JR., Plaintiff BARBARA A. KRAMER and DENISE E. ALLEN, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- '/?£.7 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Dennis A. Smith, Jr., an adult individual currently residing at 124 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Barbara A. Kramer, an adult individual currently residing at 6 Windward Drive, Lewes, Delaware 19958. 3. Defendant is Denise E. Allen, an adult individual currently residing at 21 Washington Street, Apartment B, Delong Apartments, Rehobeth Beach, Delaware 19971. 4. Plaintiff Dennis A. Smith, Jr., and Defendant Denise E. Allen are the natural parents of Christopher Adam Repman, born December 25, 1984. 5. Defendant Barbara A. Kramer is the maternal grandmother of said child. 6. The child was born out of wedlock. 7. For the past five years, the child has resided with all three parties at different addresses and for various lengths of time. 8. The natural Mother of the child is the Defendant, Denise E. Allen, who resides as foresaid. She is single. 9. The natural Father of the child is the Plaintiff, who resides as foresaid. He is single. 10. Mother. 11. The relationship of the Defendant, Denise E. Allen, to the child is that of natural The relationship of the Defendant, Barbara A. Kramer, to the child is that of paternal grandmother. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 13. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Dennis A. Smith, Jr., respectfully requests this Honorable Court to enter an Order for custody. Date: SEP 3 0 2002 Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify 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. § 4904, relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire on behalf of Dennis A. Smith, Jr. DENNIS A. SMITH, JR., Petitioner BARBARA A. KRAMER and DENISE E. ALLEN, Respondents : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- ,4'7 ?~' CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, these parties by and through their respective counsel, do stipulate as follows: 1. Petitioner is Dennis A. Smith, Jr., an adult individual currently residing at 124 West Big Spring Avenue, Newwille, Cumberland County, Pennsylvania 17241. 2. Respondent is Barbara A. Kramer, an adult individual currently residing at 6 Windward Drive, Lewes, Delaware 19958. 3. Respondent is Denise E. Allen, an adult individual currently residing at 21 Washington Street, Apartment B, Delong Apartments, Rehobeth Beach, Delaware 19971. 4. Petitioner Dennis A. Smith, Jr., and Respondent Denise E. Allen are the natural parents of Christopher Adam Repman, born December 25, 1984. 5. Respondent Barbara A. Kramer is the maternal grandmother of said child. 6. The parties agree that they shall share legal custody of said child. 7. The parties further agree that Respondent, Barbara A. Kramer, shall have primary physical custody of said child, subject to periods of partial physical custody or visitation as the parties may agree. 8. Petitioner Dennis A. Smith, Jr. and Respondent Denise E. Allen have entered into a prior Custody Stipulation concerning said child, which was filed in the Family Court of the Sate of Delaware on October 18, 1999 and docketed to File No. CS99-03718/CPI No. 99-33057. This Stipulation modifies and supercedes the previous Stipulation. 9. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. 11. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Respondents herein specifically acknowledges that they have chosen to proceed in this matter without legal counsel, and furthermore specifically acknowledges that they are aware of their right to consult with counsel before signing the within Agreement, and has voluntarily and freely chosen not to exercise that right. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. WHEREFORE, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. WITNESS: Thomas S.~ehl,~sqmre DATE - ~-beI~nis A. Smith, Jr., FatJ~r Den's E. Allen, Mother DATE 'B~'Tbara A. Kramer, Grandmother DENNIS A. SMITH, JR., Petitioner BARBARA A. KRAMER and DENISE E. ALLEN, Respondents : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~/TFtq CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 1~1~ day of ~~ , 2002, upon consideration of the attached Stipulation, IT IS HEREBY ORDERED AND DECREED that the parties shall share legal custody of Christopher Adam Repman, born December 25, 1984. The parties further agree that Respondent Barbara A. Kramer shall have primary physical custody of said child, subject to periods of partial physical custody of said child as provided in the attached Stipulation. This Court shall retain jurisdiction in this matter. BY THE COURT: CC; Thomas S. Diehl, Esquire Attorney for Petitioner Denise E. Allen, Respondent Barbara A. Kramer, Respondent