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HomeMy WebLinkAbout02-5609KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,ff-(,~ 0 c~ C1VILACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY Plaintiff is Krista A. Vandegrifl, an adult individual with a domicile of 4 Erin Place, Carlisle, Cumberland County, Pennsylvania, but is residing at 4034A Andrews Lane, McGuire Air Force Base, NJ 09641 in connection with her service in the United States Air Force. 2. Defendant is William W. Vandegfift, a resident of Pennsylvania, currently on deployment in Korea with the United States Air Fome, and has a mailing address ofSRA Vandegrit~, William W., 8 CES, PSC 2 Box 4339, APO AP 96264-0044. 3. Plaintiff seeks custody of the child, Maximus William Vandegfift, who was bom on April 28, 2001. The child was not bom out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child has resided with the parties until the departure of Defendant on deployment. Since that time, the child has resided with the Plaintiff. 4. The relationship of the Plaintiff to the child is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Maximus William Vandegrift Son 5. The relationship of the Defendant to the child is that of father. He is married and living separately. The Defendant currently resides with the following: Name Relationship Unknown 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: She is best able to provide a stable and nurturing environment for her son. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hearing, Plaintiff requests temporary custody. Date: November 20, 2002 By ~MARTi~ARD~RFF WILLIAMS&OTTO Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. de~ri~'- F:\FILES/DATAFILE\Gendoc cur/107491 vet I KRISTA A. VANDEGRIFT PLAINTIFF WILLIAM W. VANDEGRIFT DEFENDANT : IN CUSTODY : ORDER OF COURT IN 2I-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-5609 CIVIL ACTION LAW AND NOW, Wednesday, November 27, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cnmherland County Courthouse, Carlisle on Tuesday, December 17, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the eom't, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business be:fore the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. I.F YOU DO NOT HAVE AN ATTORNEY 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 A,ssociation 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~a. L c.II F:\FILE $~DATAFI LE\Gendo¢.¢ufi 10749-eomaos Created: 11/19/02 03:29:45 PM R~wised: 12/13/02 12:44:01 PM KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAbff) COUNTY, PENNSYLVANIA NO. 2002-5609 CIVIL ACTION - LAW IN CUSTODY' PRAECIPE Please accept for filing the attached facsimile Acceptance of Service signed by Defendant evidencing that he has accepted service of the Complaint on December 10, 2002. The original Acceptance of Service will be filed when received by First Class Mail. MARTSON DEA O F WILLIAMS & OTTO By Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17,013 (717) 243-3341 Date: December 13, 2002 Attorneys for Plaintiff ICRISTA A. VANDEGRIFT, i ' iai.uT"i f;t" WILT~IAI~ W. V~xYq'PI~Ol~l~T, IN THE COUI~ZT OF COMMON PLEAS OF CU~f'DEi~.T ,A],,n-) COT_J~TY, pl~I',II~YT_V AK~'TA : NO. 2002-5609 CIVIL ACTION - LAW LT~f C)UOTO]2~Y I horol~:r ~ortify mot ~ ~o(>oivoa th. Cora~,l~t 1~ Custody ,,,~ /~ g>Z¢,'-e>, ~,~-,~. 2002. KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5609 CIVIL ACTION - LAW IN CUSTODY STIPULATION OF CUSTODY THIS STIPULATION, made this \~ day of ~e-Ee'~d.''e'-~- 200~[~ by and between KRISTA A. VANDEGRIFT (hereinafter referred to as "Mother") and WILLIAM W. VANDEGRIFT (hereinafter referred to as "Father"). WITNESSETH, WHEREAS, Mother is an adult individual with a domicile of 4 Erin Place, Carlisle, Cumberland County, Pennsylvania, but is residing at 4034A Andrews Lane, McGuire Air Force Base, NJ 09641 in connection with her service in the United States Air Force WHEREAS, Father is a resident of Pennsylvania, curremly on deployment in Korea with the United States Air Force, and has a mailing address of SRA Vandegrift, William W., 8 CES, PSC 2 Box 4339, APO AP 96264-0044. WHEREAS, Mother and Father are the natural parents of MAXIMUS WILLIAM VANDEGRIFT, born April 28, 2001. WHEREAS, Mother had filed a Complaint to Confirm Custody on November 20, 2002, a result of which a Pre-Hearing Custody Conference was scheduled on November 27, 2002, before Custody Conciliator Jacqueline M. Verney, Esquire,. for December 17, 2002. WHEREAS, the parties have reached an agreement and therefore desire to have this Stipulation incorporated into an Order of Court, thereby avoiding the necessity of a Pre-Hearing Custody Conference. NOW, THEREFORE, the parties hereto mutually agree and stipulate as follows: 1. Primary physical custody of Maximus William Vandegrift shall continue to be with Mother. 2. The parties shall share legal custody of their son. 3. Father shall be entitled to periods of temporary custody as the parties may agree. 4. The parties agree that neither will utilize his or her rights with respect to the minor child to harass and interfere with the other party. The parties furl:her agree that they will not harass or malign each other in the presence of the minor child, as both parties recognize that such conduct is detrimental to the best interests and welfare of the child. 5. Each party acknowledges that the Stipulation is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. This Stipulation and its legal effect have been fully explained to the parties, and Father has had an opportunity to seek advice from independent legal counsel. 6. The parties will seek the assistance of this Honorable Court in resolving any difference which may arise, and which differences cannot be amicably resolved, concerning custody matters herein. 7. Father and Mother agree that a Court Order encompassing the provision herein set forth shall be entered by the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, affix their hands and seals below, the day and year first above written. ~-_..~ WITNESS: Krista A. Vandegri~ WITNES S: William Wl X?~indegfift ,~ ' KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5609 CIVIL ACTION- LAW IN CUSTODY STIPULATION OF CUSTODY THIS STIPULATION, made this I_% day of ~ (~&~..~,g~,' 200_~ by and between KRISTA A. VANDEGRIFT (hereinafter referred to as "Mother") and WILLIAM W. VANDEGRIFT (hereinafter referred to as "Father"). WITNESSETH, WHEREAS, Mother is an adult individual with a domicile of 4 Erin Place, Carlisle, Cumberland County, Pennsylvania, but is residing at 4034A ~M~drews Lane, McGuire Air Force Base, NJ 09641 in connection with her service in the United States Air Force WHEREAS, Father is a resident of Pennsylvania, currently on deployment in Korea with the United States Air Force, and has a mailing address of SRA Va:ndegfifl, William W., 8 CES, PSC 2 Box 4339, APO AP 96264-0044. WHEREAS, Mother and Father are the natural parents of MAXIMUS WILLIAM VANDEGRIFT, born April 28, 2001. WHEREAS, Mother had filed a Complaint to Confirrn Custody on November 20, 2002, a result of which a Pre-Heating Custody Conference was scheduled on November 27, 2002, before Custody Conciliator Jacqueline M. Verney, Esquire, for December 17, 2002. WHEREAS, the parties have reached an agreement and therefore desire to have this Stipulation incorporated into an Order of Court, thereby avoiding the necessity of a Pre-Hearing Custody Conference. NOW, THEREFORE, the parties hereto mutually agree and stipulate as follows: 1. Primary physical custody of Maximus William Vandegrift shall continue to be with Mother. 2. The parties shall share legal custody of their son. 3. Father shall be entitled to periods of temporary custody as the parties may agree. 4. The parties agree that neither will utilize his or her rights with respect to the minor child to harass and interfere with the other party. The parties further agree that they will not harass or malign each other in the presence of the minor child, as both parties recognize that such conduct is detrimental to the best interests and welfare of the child. 5. Each party acknowledges that the Stipulation is. fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. This Stipulation and its legal effect have been fully explained to t]he parties, and Father has had an opportunity to seek advice from independent legal counsel. 6. The parties will seek the assistance of this Honorable Court in resolving any difference which may arise, and which differences cannot be amicably resolved, concerning custody matters herein. 7. Father and Mother agree that a Court Order encompassing the provision herein set forth shall be entered by the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, affix their hands and seals below, the day and year first above written. WITNESS: WITNESS: K~is'ts~. ~lflegrifi ~ -- - William W. Vandegrift F:\FILE S\DATAFILE\Gendoc cur\10749-aos2 Created: 11/19/0203:29:45PM Revised; 01/23/03 10:16:18 AM KRISTA A. VANDEGRIFT, Plaintiff WiLLIAM W. VANDEGKIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5609 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please accept for filing the attached Acceptance of Service signed by Defendant evidencing that he has accepted service of the Complaint on December 10, 2002. This Acceptance of Service replaces the facsimile copy filed on December 13, 2002. MARTSON DEARDORFF WILLIAMS & OTTO By (~ Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 23, 2003 Attorneys for Plaintiff F:\FiLES\DATAFILE\Gendoc cur\ 10749-com aos Created: 11/19/02 03 29:45 PM Revised: 11/21/02 10:55:35AM KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5609 CiVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I hereby certify that i accepted a copy of the Complaint in Custody which was mailed to me, Defendant Williamn W. Vandegrift, at 8 CES, PSC 2 Box 4339, APO AP 96264-0044. I hereby certify that I received the Complaint in Custody on /t9 On' ~ ~q~r/?, 2002. William W. Vandegfift, ~t~ndant JAN 2 4 2003 KRISTA A. VANDEGRIFT, Plaintiff Ve WILLIAM W. VANDEGRIFT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5609 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 24th day of January, 2003, being notified that the parties have signed a Custody Stipulation, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~cqu~,lSne M. Vemey, Esquire, Custody C'~nciliator F:~FiLE S~DATAFILE\C, endoc.cu~\I 0749-¢ust°dystiP 1 Ctca'md: 08/03/95 08:09:13 AM, Revised: 12/03/02 02:20:51 PM KRISTA A. VANDEGRIFT, Plaintiff WILLIAM W. VANDEGRIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO2002-5609 CIVIL ACTION- LAW IN CUSTODY ORDER AND NOW, this 2 ct }~' day of~, 200~_~_, upon presentation and consideration of the attached Stipulation of Custody, it is hereby ordered and decreed that said Stipulation as submitted and executed by the parties shall be incorporated herein and made a part hereof. Ol- q-o3 VINVAt,kgNN~d