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HomeMy WebLinkAbout02-6002KENNETH H. BAER, PAMELA S. BAER, Plaintiff : : ; .. : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oi,~.- IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this/?~- day of ~)~-~-t~ .~_f._~ ,2002, comes the Plaintiff, Kenneth H. Baer, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, Kenneth H. Baer, is an adult individual currently residing at 4 West Main Street, Apartment 2, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Pamela S. Baer, is an adult individual currently residing at 10364 Possum Hollow Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor child: child. Sallie David H. Bear Present Address Date of Birth 10364 Possum Hollow Road 05/30/1991 Shippensburg, PA 17257 Plaintiff and Defendant are the natural parents of the above mentioned minor The minor child were born in wedlock. Document Ii246386 VERIFICATION I, Kenneth H. Baer, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Kenneth H. Baer Document #246386 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this ~ day of ,2002, on the following: Pamela S. Baer 10364 Possum Hollow Road Shippensburg, PA 17257 Andrew C. Spears, Esquire Document #246386 December 17, 2002 Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Re: Kenneth H. Baer v. Pamela S. Baer Dear Mr. Long: Enclosed for filing please find the original and four (4) copies of the Complaint in Custody in the above matter. Also enclosed is a check in the amount of $110.50 in payment of your filing fee. Please file and docket the Complaint in Custody. However, in lieu of scheduling a custody conciliation, please enter the Stipulated Custody Agreement (original and four (4) copies enclosed) reached by the parties after you have entered the Complaint in Custody. Please forward it to the appropriate Judge for signature. Kindly stamp the copies of both documents, mail one copy of the Complaint and one copy of the Agreement to the Defendant in the stamped, addressed envelopes provided, and return the additional copies of the Complaint and Stipulated Custody Agreement to me in the enclosed self-addressed, stamped envelopes. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears ACS:cl Enclosures cc: Pamela S. Baer (with enclosures) Document #: 246952.1 James E Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Melissa L. Van Eck Andrew C. Spears Young-Suh Koo * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy KENNETH H. BAER, PAMELA S. BAER, Plaintiff · Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~b:l, - IN CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Kenneth H. Baer (hereinafter referred to as "Father") and Pamela S. Baer (hereinafter referred to as "Mother") are the natural parents of David H. Baer (d.o.b. 05/30/91; hereinafter referred to as' the "Minor Child"); and WHEREAS, Father and Mother desire to make arrangements for the custody and visitation of the Minor Child; and WHEREAS, both parties have been advised by counsel or have had the opportunity to be advised by counsel; and WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: The parties shall share legal custody of the Minor Child· The parties have agreed that Father shall have primary physical custody of the 2. Minor Child. 3. The parties have agreed that Mother shall have visitation of the Minor Child as agreed by the parties. Document #245443 4. The parties shall split, as decided by the parties, the time the Minor Child has off from school for Christmas break, spring break, and Thanksgiving break. 5. Both parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the Minor Child. To that end, the parties agree to cooperate with one another to encourage the Minor Child's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the Minor Child's relationship with either parent. Neither party shall make disparaging comments about the other in front of the Minor Child, nor will they permit any other relative or any other party to do so. 6. Father will provide medical insurance for the Minor Child. 7. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must inform the other of his/her new address and telephone number within thirty (30) days. 8. The parties agree that the Minor Child shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. 9. The legal residency of the Minor Child, notwithstanding where the Minor Child might live at various times, shall be the same as that of Father. Document #245443 -2- 10. Both parties agree that neither party shall remove the Minor Child from the State of Pennsylvania for an extended period of time without prior notification and approval of the other party. 11. For tax purposes, Mother will receive the federal tax exemption for the year 2002. Since the Minor Child will be residing with Father, Father will receive the federal tax exemption for all years following. 12. Both parties agree that this Agreement may only be modified in writing through further Order of Court. 13. This Agreement shall be effective immediately upon signature by both parties, and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attached hereto. We verify that the statements made in this Petition or tree and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904 relating to unswom falsification to authorities. Date: Date: Kenneth H. Baer Pamela S. Baer Document #245443 -3- DEC1 KENNETH H. BAER, Plaintiff PAMELA S. BAER, ' Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY ORDER OF COURT AND NOW, this '~'-~~day of __~/~A~,., 200~, upon review and consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the Order of this Court. CC: BY THE C T: Andrew C. Spears, Esquire, Attorney for Plaintiff Pamela S. Baer, Defendant Jo Document #245443