HomeMy WebLinkAbout98-01699
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ROetAT w. PonlNGER,
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
NO, 91"- 1(, 99 CIVil TERM
IN CUSTODY
VB.
JOANNE L. BENTELER-JOHNSON,
Defendant
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AND NOW, 41b 1995, uPoo Oo''''d"",oo " 'h. "'''h'd "mOl"",, it ,.
h'''b, d"""'d 'h" 'h. P"",, 'nd 'h." "'P",,,,, "un", 'pP", b.',,, . tx,\"J::'LS,
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'If", will b. m.d. t, ""'" If.. '''''' 'n d',p"" "if th" "nnOf b. ""mp"'h'd, "
d."no ond "",. 'h, '"'''' " b. h'''d b, Ih. "''', ond " """ 'nto . '.mp,,,,, "d".
'''h" P"'y m" b"n, 'h. 'hild wh, ,. 'h. ,"bl'" " th" '""'d, ""on " 'h. "n""n",
but 'h. 'hild"n', "''''d",,, i, nOf '""'d""y, F"""" 'pP", " tho 'on'"",,, m"
p''''d. '''""d, ,,, "'''y " . '.mp,,,,, " P"mon." "d".
FOR THE COURT,
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YOu SHOULD TAKE TH,S PAP'R TO VOUR LAWYER AT ONC,. IF YOU 00 NOT
HAV' A LAWV'R OR CANNOT AFFORO ON', Go TO OR TELEPHON' THE OFFiC, SET
FORTH .ELOW TO FiNO OUT WH'R, YOU CAN GFT LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(717) 249-3166
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ROBERT W, POTTINGER,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION, LAW
NO, 9[>-1(,9'7 CIVIL TERM
IN CUSTODY
vs.
JOANNE L. BENTELER,JOHNSON,
Defendant
MY
AND NOW comes the Plaintiff, Robert W, Pottinger, by his attorney, Samuel
L. Andes, and makes the following Complaint for CustOdy:
1. The Plaintiff is Robert W. Pottinger, an adult individual who resides at
916 Hawthorne Avenue in Mechanicsburg, Cumberland County, Pennsylvania,
2. The Defendant is Joanne L. Benteler,Johnson, an adult individual who
resides at 952 Allenview Drive in Mechanicsburg, Cumberland COLmty,
Pennsylvania.
3. The Plaintiff and Defendant are formerly husband and wife and are the
parents of two minor children, Kimberly L. Pottinger. born 22 May 1989 and
Melissa N, Pottinger, born 1 July 1991.
4, The Plaintiff and Defendant are the natural parents of two minor
children, Kimberly L. Pottinger, born 22 May 1989 and Melissa N. Pottinger, born 1
July 1991.
5 Plaintiff seeks custody of the minor children, Kimberly L. Pottinger and
Melissa N, Pottinger,
6. The children were not born out of wedlock and are presently in the joint
custody of the Plaintiff and Defendant.
7. During the past five years, the minor children has resided with the
fOllowing persons at the following addresses:
From 1993 '
December 1995
with the father and
mother
916 Hawthorne Avenue
Mechanicsburg, PA
December 1995 '
to the present
with the mother
952 Allenview Drive
Mechanicsburg, PA
8, The father of the children is the Plaintiff, who resides at the address set
out above. He was formerly married to the Defendant.
9. The mother of the children is the Defendant who resides at the address
set out above, She is married to the Plaintiff,
10, The Plaintiff Is the natural father of the children. Plaintiff currently
lives at 916 Hawthorne Avenue in Mechanicsburg by himself,
11. The Defendant is the natural mother of the children. Defendant
currently lives at 952 Allenvlew Drive in Mechanicsburg with the minor children and
with her new husband, Daniel Johnson,
12, The Plaintiff has not participated as a party or in any other way in any
litigation concerning the custody of the children in this or any other Court,
The Plaintiff has no information of a custOdy proceeding concerning the
children in a Court of this or any other jurisdiction,
Plaintiff knows of no other person not a party to this action already who
has physical custody of or claims to have custOdy or visitation rights with the said
children.
13. Plaintiff seeks an award of primary physical custody of his two
daughters, He believes awarding primary physical custOdy of the children to him
wiil be in their best interests for the fOilowing reasons:
A, The mother is not able to provide a stable home for the
children; and
B. The mother's second husband, who now lives in the home
with the children, has a criminal record, abuses both alcohol and drugs,
and h~s been violent toward the Defendant on occasions in the past;
and
C. Continued exposure to the Defendant's present husband
creates a risk of harm, emotional, physical, and otherwise, to the minor
children; and
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0, The Plaintiff can provide a good, loving, stable, and chaos,free
home for the children,
14, Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been
named as parties to this action,
WHEREFORE, the Plaintiff requests this Court to grant him custody
of the two minor children, Kimberly N, Pottinger and Melissa N. Pottinger,
~~~
Samuel L, Andes
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 121h Street
Lemoyne, PA 17043
(717) 761,5361
COMMONWEAL TH OF PENNSYLVANIA )
( S$,:
COUNTY OF CUMBERLAND )
Robert W, Pottinger, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing document are true and correct to the best
of his knowledge, Information, and belief,
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Robert W, Potting r
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Sworn to and subscribed
before me this 2..V'1l.. day
of (\(\0...'\,( ~\ . 1998,
I Not:r;';'u~~?li;;
I I' LY~~E~~l~~P1~ ~~~~~,;:
Lemoyne 8oro, Clfmberland County
My CommIssIon ExpIres AlIg, 17,2000
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