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HomeMy WebLinkAbout07-1502 II 'II ELIZABETH B. STONE. ESQ ATTORNEY 10 NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF CYNTHIA SUE GLEIXNER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006- )50J.. - CIVIL TERM JESSE AARON BAKER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Elizabeth B. Stone, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Cynthia Sue Gleixner, an adult individual currently residing at 509 E. Elmwood Avenue, Apt #2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Jesse Aaron Baker, an adult individual currently residing at 54123 Cove Road, Powhatan Point, Ohio, 43942. 3. The parties are the natural parents of two minor children, namely Braden James Baker, (born January 8, 2005, age 2), and Jorja Ann Baker, (born November 8,2006, age 8 weeks). 4. The minor son resided with both of the parties from his birth until the parties' separation on May 5, 2006. Jorja has only ever lived with the plaintiff since the parties were separated at the time of her birth. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of this children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the Plaintiff have primary physical custody of the children and that the Defendant have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall share joint legal custody of their minor children, Braden James Baker (born January 8, 2005, age 2 years) and Jorja Ann Baker (born November 8, 2006, age 8 weeks). B. The Mother shall have primary physical custody of the children. C. agree. The Father shall have liberal visitation rights as the parties D. The Mother and Father agree to share holidays and birthdays as agreed upon and as equally as possible. E. Neither party shall remove the children from the Commonwealth of Pennsylvania without first providing the other parent with an address, phone number where the custodial party can be reached in the event of an emergency. F. The parties shall have reasonable telephone contact, emails, or other contact as their age permits while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning either child and shall further take any necessary steps to insure that the health, welfare and well being of both Braden and Jorja are protected. H. The parties shall do nothing that may estrange Braden or Jorja from the other parties or hinder the natural development of either child's love or affection for the other parties. I. In the event of the breach of the agreement of the parties by any party, the non-breaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees .,11 incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the Court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing,/ ,/.'" ~~ lS, 2007 II ',' VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. 3 rtlf ,2007 _~A ~AL) 6-/- ,2007 ~Ad (SEAL) / COMMONWEALTH OF PENNSYLVANIA COUNTY OF "btt-h\Of\.l T I Df.\n:> On this, the J 55 day of vy\A-R.C-l-l ,2007, before me, the undersigned officer, personally appeared~ss.r. A. BAKE/l, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. :SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~\ Qh. ~ :SS: On this, the \4)'0 day of '("('\av''CL, 2007, before me, the undersigned officer, personally appeared r ~~i.. g. &\f'i~ t'I IV , known to me (or satisfactorily proven) to be the person who e name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 e ~ ~ c::::> c:;::;) :g:: ...... t ~ ~ -oU' :::: ~~ meT"; :J2"' ~ ~"1 ::::0 ..'F':- :Em ~ f7>':E,~ \.0 2c-' 06 - 0\\ c :::-~ ::f~ "'-~. j "-0 ~ 'i: ~- -0 0::0 0 'P z~,) :x "1'0 '"' '\) $0 -,(11 \.I'l ~ C - 9 ~ ~ .. ~ C ..- ~ ? N ~'=f:::. .. MAR 21l0U'-;"'~ I ~~I r- v F: docsltl\custlgleixnercustodyfinaldrftrev I 2-06 ELIZABETH B. STONE, ESQ ATTORNEY 10 NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF CYNTHIA SUE GLEIXNER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 20O'f-IS'oJ.. - CIVIL TERM JESSE AARON BAKER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ay of J1.1?~ L.t ,2007, upon presentation and consideration of the within complaint, stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody oftheir minor children, Braden James Baker (born January 8, 2005, age 2 years) and Jorja Ann Baker (born November 8, 2006, age 8 weeks). B. The Mother shall have primary physical custody of the children. C. The Father shall have liberal visitation rights as the parties agree. ViNrfi\l,I-,S.l\!i\!3d A1NnC(; C',f\i",PtTl~nO 60 :8 ~~d LZ ~nflHOOl I;"JI,.II f"'.', "-',' 'J ,",l.) " 'Hl JO I\u v_Vi \vr'j .vca:: ;;;I 3::)[:HO-G31!:l . . II ' D. The Mother and Father agree to share holidays and birthdays as agreed upon and as equally as possible. E. Neither party shall remove the children from the Commonwealth of Pennsylvania without first providing the other parent with an address, phone number where the custodial party can be reached in the event of an emergency. F. The parties shall have reasonable telephone contact, emails, or other contact as their ages permit while either child is in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the minor children and shall further take any necessary steps to insure that the health, welfare and well being of both Braden and Jorja is protected. H. The parties shall do nothing that may estrange Braden or Jorja from the other parties or hinder the natural development of Braden and Jorja's love or affection for the other parties. I. In the event of the breach of the agreement of the parties by any party, the non-breaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, We ~i. \~ l..\.. ~ vl~ '"