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HomeMy WebLinkAbout03-1626KYLE KIRBY & ANITA KIRBY, Plaintiffs HEATHER L. JOHNSON & BENJAMIN C. JOHNSON, Defendants · IN THE COURT OF CO/VIMON PI~EAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- C VrL TERM · CIVIL ACTION - LAW · IN CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children· YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 KYLE KIRBY & ANITA KIRBY, Plaintiffs HEATHER L. JOHNSON & BENJAMIN C. JOHNSON, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003-/~, .~ ~ CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffs are Kyle Kirby and Anita Kirby, adult individuals who reside at 18 Sand Bank Road, Shippensburg, Cumberland County, Pennsylvania 17257· 2. Defendants are Heather L. Johhnson, an adult individual who resides on Route 30, Fayetteville, Franklin County, Pennsylvania, and Benjamin C. Johnson, an adult individual who resides at 351 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendants are the natural parents of Kilie Paige Johnson, born December 5, 1998; and Christian Gabriel Johnson, born January 31, 2001. 4. The children were born in wedlock· 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAME, ADDRF.~qS DATF. S Kyle Kirby 18 Sand Bank Road Birth to Anita Kirby Shippensburg, PA present 6. The natural Mother of the children is the Defendant, Heather L. Johnson, who resides as foresaid. She is married. 7. The natural Father of the children is the Defendant, Benjamin C. Johnson, who resides as foresaid. He is married. 8. The relationship of the Plaintiffs to the children is that of maternal Grandparents. 9. The Plaintiffs have no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 10. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiffs are better suited to provide a stable environment to foster the children's well being. 11. The Plaintiffs do not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiffs, Kyle Kirby and Anita Kirby, respectfully requests this Honorable Court to enter an Order of Court for custody. Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Plaintiffs 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. (ttiff 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. ANITA KIRBY, Plaintiff ~ KYLE KIRBY & ANITA KIRBY, Plaintiffs HEATHER L. JOHNSON & BENJAMIN C. JOHNSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- civr TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between KYLE KIRBY & ANITA KIRBY, hereinafter referred to as "Grandparents," and HEATHER L. JOHNSON & BENJAMIN C. JOHNSON, hereinafter referred to as "Mother" and "Father," respectively. WHEREAS, Grandparents are adult individuals who reside at 18 Sand Bank Road, Shippensburg, Cumberland County, Pennsylvania 17257; WHEREAS, Mother is an adult individual who resides on Route 30, Fayetteville, Franklin County, Pennsylvania; WHEREAS, Father is an adult individual who resides at 351 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257; WHEREAS, Mother and Father are the natural parents of Kilie Paige Johnson, bom December 5, 1998; and Christian Gabriel Johnson, born January 31,2001; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the children. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 2. by the parties. 3. Grandparents shall have legal and primary physical custody of the children. Mother and Father shall have contact with the children as mutually agreed upon The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medical emergency, all parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 4. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 5. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 6. 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 minor children at issue who have 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. 3 7. 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. 8. Each party has had an oppommity to consult independent legal counsel of his or her own selection. The Plaintiffs are represented herein by Thomas S. Diehl, Esquire. The Defendants 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 Agreemem, and has voluntarily and freely chosen not to exercise that fight. Each party regards the terms of this Agreemem as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. DATE DATE DATE DATE ,J~'KIRBJ~, Grandfather ANITA KIRBY, Otrandmot~r HEATHER L. JOI-II~SON, Moth BI~NJP(-IqIN C. JOH~ON, Father APR 10 003 KYLE KIRBY & ANITA KIRBY, Plaintiffs HEATHER L. JOHNSON & BENJAMIN C. JOHNSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- /(02¢ CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this [~ day of ~'~ ,2003, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT,