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HomeMy WebLinkAbout02-5963Harry H. & Susan M. Horning, Plaintiffs George R. Vogt, Jr. &, Flora M. Vogt Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ,.,~,~ CIVIL TERM : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffs are Harry H. Horning and Susan M. Horning, adult individuals whose residence is at 11688 Sandalwood Lane, Manassas, Prince William County, Virginia 20012. 2. Defendants are George R. Vogt, Jr. and Flora M. Vogt, adult individuals whose residence is at 1902 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of their nephew, Jeffrey Matthew Vogt, born January 1, 1986, currently residing at 11688 Sandalwood Lane, Manassas, Virginia. 4. The child is presently in the custody of Plaintiffs. 5. Since the child's birth, the child has resided at the following addresses: Name Harry H. & Susan M. Homing George R. Jr. & Flora Vogt Address 11688 Sandalwood Lane Manassas, Virginia 1902 Douglas Dr. Carlisle, PA Dates 10/02/02 to present 7/29/96 to 10/27/02 7. parents. 8. The relationship of the Plaintiffs to the children is that of Aunt and Uncle. The relationship of the Defendants to the children is that of natural The Plaintiffs have not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiffs have no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The parties have entered into a stipulation for custody which is attached hereto and incorporated herein. 11. Each parent whose parental rights to the child have not been terminate( and the persons who have physical custody of the child have been named as parties to this action. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiffs request your Honorable Court to grant custody, care and control Jeffrey Matthew Vogt to Plaintiffs in accordance with attached stipulation. Respectfully Submitted TURO LAW OFFICES Date ~ob~rt J.,~ulderig, Esquir(!::~ ' 28 SouthVPitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S. §4904 relating to unsworn falsification to authorities. Date Date '--~usa-n M. Horning ~,/ ~ -- Harry H. & Susan M. Homing, Plaintiff George R. Vogt, Jr. &, Flora M. Vogt Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- CIVIL TERM : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND NOW, this ! ~'I~ day of ~.x%¢_~ , 2002, it is hereby stipulated and agreed between the parties as follows: 1. Jeffrey Matthew Vogt, born January 1, 1986 is the natural child of George R. Vogt, Jr. and Flora M. Vogt. 2. Shared legal custody of the child as contemplated by the Act of Ocl:ober 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents and Aunt and Uncle. That with regard to major decisions, not day-to-da decisions, affecting the child, such as: elective medical treatment; educatior enrollment in activities which may impact on the other party's time with the child; or thc child's religious training; the parties hereto shall consult with each other in good ~Iaith, endeavoring to address issues in a timely manner to ensure full discussion, and the shall make every attempt to reach a mutually acceptable joint decision. If, after full discussion, the parties are unable to agree, then and in that event, the Petitioners Harry H. Homing and Susan M. Homing, shall make the final decision. The parties recognize that it is in the child's best interest to reside with th~ Plaintiffs. 4. The parties mutually agree to this transfer of custody to permit thc Plaintiffs to provide for the child's medical and education needs. 5. Primary physical custody of the child shall be in the Plaintiffs, Aunt and Uncle, Harry H. Horning and Susan M. Horning, subject to the such periods of par[iai custody with the natural parents as the parties may mutually agree. child. Both parents shall have liberal and reasonable telephone contact with the 7. The Plaintiffs shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare. 8. Each party shall provide thirty (30) days advance written notice [o the Court and to the last known address of the other party of any intended change of residence address. Such notice shall provide the Court and the other party ,Df the intended date of change of address and the specific street, route address, city or country, state and zip code of the intended new address. Such written notice shall be mailed to the Court at the following address: Court of Common Pleas of Cumberland County, Prothonotary Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, and shall certify the date that such information was mailed or otherwise delivered to the other party. Date Date IZ- /¢.- Date Da/~e H a, lh~ H. Horning ~'~san M. Hor"ing ~/ --' , / George I~. Vogt, Jr. ' Flora M. Vogt / Harry H. & Susan M. Horning, Plaintiff George R. Vogt, Jr. &, Flora M. Vogt Defendants ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-~'9&~ CIVIL TERM · CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this IO day oft~~~, 2002, upon consideration of the within Stipulation, the parties agreement is hereby made an Order of Court ¥1N'Y~'CiASNN~d