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HomeMy WebLinkAbout03-1914KEVIN A. WHITZEL, Plaintiff DENISE M. WHITZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW :NO. 03- i~ CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff, Kevin A. Whitzel, is an adult individual residing at 1341 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Denise M. Whitzel, is an adult individual residing at West Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely Austin Paul Whitzel (born August 26, 1995, age 7 years). 4. The child resided with both of the parties from the birth of the child until the parties' separation on February 15, 2003. The child has resided with each party at their respective residences on a mutually agreeable joint custody basis since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. E. Father and Mother shall share visitation on the respective on the child's birthday as arranged by the parties; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. F. The parties will share holiday time with the child on as much of an equal basis as is reasonably possible. (3. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. To that end, each party shall continue to ensure that the other party has his or her respective telephone numbers. H. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. I. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. J. Father shall pay to Mother one-half of Mother's expenses for the child up to a maximum of $300.00 per month. If at any time the Mother is unwilling to continue this arrangement, then she may, at her sole discretion, request that Father pay a lump sum of $138.46 bi-weekly. K. Father shall continue to provide health insurance for Mother and the child until the date that the parties are divorced. Thereafter, Father shall be responsible for the expenses pf health insurance for the child only. L. Father agrees to keep in force the life insurance policy he now maintains through his employer, naming Mother the primary beneficiary and the child the secondary beneficiary until the child is eighteen (18) years old. KEVIN A. WHITZEL, Plaintiff DENISE M. WHITZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW :NO. 03- i~l~ CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff, Kevin A. Whitzel, is an adult individual residing at 1341 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Denise M. Whitzel, is an adult individual residing at West Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely Austin Paul Whitzel (bom August 26, 1995, age 7 years). 4. The child resided with both of the parties from the birth of the child until the parties' separation on February 15, 2003. The child has resided with each party at their respective residences on a mutually agreeable joint custody basis since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal and physical custody of the child in accordance with their mutual agreement. 9. Both parties, as evidenced by their joint execution of the stipulation which is attached hereto, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of the child. B. The Mother shall have primary physical custody of the child. C. The Father shall have temporary physical custody of the child at such times as the parties may mutually agree, both parties agreeing at this time that it is important for the child to spend as much time with each parent as is reasonably possible. Mother will not unreasonably withhold allowing the child to spend time with the Father. D. Father shall have the child during Father's vacation time from work, with the understanding that this provision does not obligate Father to exercise his custodial rights during every period of vacation that he may have. Father shall undertake to provide Mother with notice of such vacation time as soon as it has been scheduled. E. Father and Mother shall share visitation on the respective on the child's birthday as arranged by the parties; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. F. The parties will share holiday time with the child on as much of an equal basis as is reasonably possible. G. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. To that end, each party shall continue to ensure that the other party has his or her respective telephone numbers. H. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. I. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. J. Father shall pay to Mother one-half of Mother's expenses for the child up to a maximum of $300.00 per month. If at any time the Mother is unwilling to continue this arrangement, then she may, at her sole discretion, request that Father pay a lump sum of $138.46 bi-weekly. K. Father shall continue to provide health insurance for Mother and the child until the date that the parties are divorced. Thereafter, Father shall be responsible for the expenses pf health insurance for the child only. L. Father agrees to keep in force the life insurance policy he now maintains through his employer, naming Mother the primary beneficiary and the child the secondary beneficiary until the child is eighteen (18) years old. Thereafter, Father may change the primary beneficiary to the child and Mother shall have no rights in this policy. When the child becomes twenty-one (21) years old, Father may, in his sole discretion, change the beneficiary to any other person or persons. Father shall be free to name any other person or persons as beneficiary of any other life insurance policy at any time. M. 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 of this agreement. N. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. O. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either 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 child as aforesaid. April ~"~-, 2003 '~ Attorney for Plaintiff ~. /..__/ VERIFICATION I do hereby verify that the acts set forth in this complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. April ,., 2003 ..~~J~ (SEAL) ~KEVIN ~WI~ZEL ' EXHIBIT "A" HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF KEVIN A. WHITZEL, Plaintiff DENISE M. WHITZEL, Defendant : IN THE COUk¥ OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - __ CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this ~ ~"~ay of April, 2003, by and between KEVlN A. WHITEL (hereinafter referred to as "Father") and DENISE M. WHITZEL (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of one (1) minor child, namely, Austin Paul Whitzel (age 7 years, born August 26, 1995); and WHEREAS, the parties wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the child. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have temporary physical custody of the child at such times as the parties may mutually agree, both parties agreeing at this time that it is important for the child to spend as much time with each parent as is reasonably possible. Mother will not unreasonably withhold allowing the child to spend time with the Father. 4. Father shall have the child during Father's vacation time from work, with the understanding that this provision does not obligate Father to exercise his custodial rights during every period of vacation that he may have. Father shall undertake to provide Mother with notice of such vacation time as soon as it has been scheduled. 5. Father and Mother shall share visitation on the respective on the child's birthday as arranged by the parties; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 6. The parties will share holiday time with the child on as much of an equal basis as is reasonably possible. 7. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. To that end, each party shall continue to ensure that the other party has his or her respective telephone numbers. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. 9. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 10. Father shall pay to Mother one-half of Mother's expenses for the child up to a maximum of $300.00 per month. If at any time the Mother is unwilling to continue this arrangement, then she may, at her sole discretion, request that Father pay a lump sum of $138.46 bi-weekly. 11. Father shall continue to provide health insurance for Mother and the child until the date that the parties are divorced. Thereafter, Father shall be responsible for the expenses pf health insurance for the child only. 12. Father agrees to keep in force the life insurance policy he now maintains through his employer, naming Mother the primary beneficiary and the child the secondary beneficiary until the child is e~ghteen (18) years old. Thereafter, Father may change the primary beneficiary to the child and Mother shall have no rights in this policy. When the child becomes twenty-one (21) years old, Father may, in his sole discretion, change the beneficiary to any other person or persons. Father shall be free to name any other person or persons as beneficiary of any other life insurance policy at any time. 13. 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 of this agreement. 14. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 15. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ~ (SEAL) ~(EV~~TZEL ~, D'EI~ISE M. COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the ~ ("'day of April, 2003, before, the undersigned officer, appeared KEVIN A. WHITZEL, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. ~ HAROL~ S. IRWIN, III, NOTARY PUBUC * C~J~USL~ S0R0Ue~, 00um~ OF CUM~ERL~ li~f' ~ION EXPIRES OCTOBER 22, 2006 IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA · :SS: COUNTY OF CUMBERLAND : On this, the ~/~'"~ay of April, 2003, before, the undersigned officer, appeared DENISE M. WHITZEL, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto setTimY hand and official seal. /// HAROLD 8. IRWIN, III, NOTAR~r ~.IBUC I ~LF..eOROUmt, COUNn'OF~I ~otary Public ~jz) (SEAL) 0 -< ~ 0 0 ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF APR 2 5 2OO3 KEVIN A. WHITe:EL, Plaintiff DENISE M. WHITZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : NO. 03 - .~ l¥ CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this _.~day of ~ upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: 1. The parties shall have joint legal custody of the child. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have temporary physical custody of the child at such times as the parties may mutually agree, both parties agreeing at this time that it is important for the child to spend as much time with each parent as is reasonably possible. Mother will not unreasonably withhold allowing the child to spend time with the Father. 4. Father shall have the child during Father's vacation time from work, with the understanding that this provision does not obligate Father to exercise his custodial rights during every period of vacation that he may have. Father shall undertake to provide Mother with notice of such vacation time as soon as it has been scheduled. 5. Father and Mother shall share visitation on the respective on the child's birthday as arranged by the parties; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 6. The parties will share holiday time with the child on as much of an equal basis as is reasonably possible. 7. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. To that end, each party shall continue to ensure that the other party has his or her respective telephone numbers. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. 9. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 10. Father shall pay to Mother one-half of Mother's expenses for the child up to a maximum of $300.00 per month. If at any time the Mother is unwilling to continue this arrangement, then she may, at her sole discretion, request that Father pay a lump sum of $138.46 bi-weekly. 11. Father shall continue to provide health insurance for Mother and the child until the date that the parties are divorced. Thereafter, Father shall be responsible for the expenses of health insurance for the child only. 12. Father shall keep in force the life insurance policy he now maintains through his employer, naming Mother the primary beneficiary and the child the secondary beneficiary until the child is eighteen (18) years old. Thereafter, Father may change the primary beneficiary to the child and Mother shall have no rights in this policy. When the child becomes twenty-one (21) years old, Father may, in his sole discretion, change the beneficiary to any other person or persons. Father shall be free to name any other person or persons as beneficiary of any other life insurance policy at any time. 13. 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 of this agreement. 14. The Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. BY THE COURT,