HomeMy WebLinkAbout01-1029 FX
,~ ,,,...,..
,~.,"
.:~- .~"
, ~I '" "" I, ,
'--~' ,,' " , ;,~ ~ " 'iN'.,i
,'I ].
FES 2 32001JP
J
BRIAN BELANGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-lo~9 CIVIL TERM
: CIVIL ACTION - LAW
CHERYL A. ALBERT
Defendants
: IN CUSTODY
ORDER OF COURT
AND NOW, this
day of
,2001, upon consideration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear before
Esquire, Custody Conciliator, on
of
,2001, at
o'clock _.M., for a Pre-Hearing Custody Conference. At
such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,
to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children
age five or older may also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
By:
, Esquire
Custody Conciliator
""r ~
~ I ,-.-,~ ~
loli>iliiao-
~'_'*~iP."<l';-
. '
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
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You
must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
cc: James J. Kayer, Esquire
Attorney for Plaintiff
Cheryl A. Albert, pro se
Defendant
,:.J;'--'
:j.~l"U
, .
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - /0:29 CIVIL TERM
: CIVIL ACTION - LAW
BRIAN BELANGER,
Plaintiff
CHERYL A. ALBERT
Defendants
: IN CUSTODY
PETITION FOR CUSTODY
COMES NOW, Plaintiff, Brian Belanger, by and through his attorney, James 1. Kayer, Esquire and
avers as follows:
1. Plaintiff is Brian Belanger, an adult individual, residing at 2161 Newville Road, Carlisle,
CrnnberIand County, Pennsylvania 17013.
2. Defendant Cheryl A. Albert, an adult individual whose current address is 267 Main Street, Apt
11, Bristol; CT, 06010.
3. Plaintiff seeks custody of the following child:
Name
Present Residence
Age
Shaina Lynn Belanger, 2161 Newville Road, Carlisle, PA, born May 28,1997.
The child was born out of wedlock.
The child is presently in the custody of the Plaintiff.
During the past five years, the child has resided with the following person(s) at the below
address( es):
Birth until January 1999; With mother and father at 536 N. Pitt Street, Apt B, Carlisle, CrnnberIand County,
PA.
January 1999 until February 2000; With mother and father at 809 Factory Street, Carlisle, CrnnberIand
County, PA.
~-
1;-
:. :
'i~' I
,.'",,-,-
'>~'';-'';'';''~
February 2000 until June 2000; With mother and father at Old Main Street, Eagle Lake, Maine.
June 2000 until July 2000; With mother at Old Main Street, Eagle Lake, Maine.
July 2000 until September 2000; With mother and maternal grandmother, Bernadette Paradis and step
maternal grandfather, Dan Paradis at their home in Maine.
September 2000 to Present; With father at 2161 Newville Road, Carlisle, Cumberland County, P A.
4. The mother of the child is Cheryl A. Albert, an adult individual whose current address is
267 Main Street, Apt. #11, Bristol, CT, 06010.
5. The father of the child is Brian Belanger, an adult individual, whose current address is
2161 Newville Road, Carlisle, Cumberland County, PA.
6. The relationship of Plaintiff to the child is that of the father. The Plaintiff currently
resides with the following person(s):
Name
Relationship
Andrea Gagnon Fiancee
The relationship of the defendants to the child is that of father and mother.
7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court. Plaintiff has no information of a custody
proceeding concerning the child pending in a court of this Commonwealth. 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 last visit that the child has had with the mother was during Thanksgiving. The Parties have
had a verbal agreement for a month on month off custody arrangement but mother has not followed through
on this arrangement.
. '
9. The best interest and permanent welfare of the child will be served by granting primary physical
custody of the child to the Plaintiff. The child has adjusted well to time with the father and has a good
relationship with the father's fiancee. The Defendant has made no effort to see the child since September
9, 2000 despite verbal reassurance that she still cares for the child. Granting primary physical custody to
the Plaintiff better ensures that the child shall remain in a stable environment.
10. Each parent whose parental rights to the child have not been terminated and the person who has
physical custody of the child have been named as parties to this action. All other persons, names below, who
are known to have or claim a right to custody or visitation of the child will be given notice of the pendency
of this action and the right to intervene:
Name
None
Address
Basis of Claim
WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff.
Respectfully submitted,
Date: l / tu /6 I
.--.
"~
~ I J_"" .~~
.~it;i
",. ~{'o.:.-'-, ",," <,.~ ,'"
VERIFICATION OF PLEADINGS
The foregoing document is based upon infonnation which has been gathered by my cOlUlsel
and myself in the preparation of this action. The language of the document may, in part, be the
language of my cOlUlsel and not my own. I have read the statements made in this document and to
the extent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
statements are that of counsel, I have relied upon counsel in making this Verification. I understand
that false statements herein are made subject to the penalties of 18 PA C.S. (1 4904, relating to
ullsworn falsification to authorities.
Date: c2 - /5 - 0/
:t~ j g~
(j
! !
I,
"L
,-, .'-,
~GIlli':i~
. > l.
CERTIFICATE OF SERVICE
I hereby certifythat a true copy of the foregoing PETITION FOR CUSTODY was served on
the following persons by Certified, Restricted Delivery, Return Receipt Request, First-class mail,
postage prepaid, by forwarding a true and correct copy unto:
Cheryl A. Albert
Apt#.l1
267 Main Street
Bristol CT 06010
Date "Z-/ 10 /0 I
"
-'1~"""'~1$J>"""_
.
. .
BRIAN BELANGER
PLAINTIFF
V.
CHERYL A. ALBERT
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1029 CIVILACTIONLAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, Febrnary 28, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
:it 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 11, 2001 at 9:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this ca1UlOt be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR TIlE COURT,
By: Isl
Jacqueline M. Verney. E~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
Telephone (717) 249-3166
f"'i ""','3:2:,,,~~..;o;,",",1.."~&iliWlil_~~..1l';;!,,.,.'rA.><",1i;t~>hi"~~"~~;'\"",'W"",!'H"!Jijl'J!i.~~~jM!'~~ -," ~""'~: B
'f7f c;~ jp ~ ~~;J
brt~~~
~r7~~lf}
\-%:\-!Iq} S;\lN~d
)J, ,,' 1",:1 i~: ':"r:')~'::_:":~!,''\Wl0
Gl~ ~Z
1t,1
07 p-:C~j
\}l.,1,,1.--'-/
11i\'
/.:"
""" ,I ~, " ~.>~. ' _.~
'~li~!""lillIll1#!IW~'" """"""""'~
/ CI-;K'-C'
/CI Je-f
/ cl-jt>- t'
",-',~, ',., ,^."_"H__,~~' ~_, ^>.
I
"
,',
"'i
<,"
i
I'
Iii
I
),::!
I"
'"
t',!
,"
),;i
hi
Ii
I
Ii:
I,::
i-"
i
1
i,ri
"I
':j'
,~I
I:!
irl
~,
~!
~'
I'
II
II
II
li,'
~i
II
.,
~i
Ii
,I
il
II
jl
II
i
I
I
~~
^'~- -
'"
r
"
&
.'
BRlAN BELANGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CllMBERLAND COUNTY, PENNSYL V ANlA
v.
; NO. 01 -1029 CIVIL TERM
: CIVIL ACTION - LAW
CHERYL A. ALBERT
Defendants
: IN CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii)
COMlvfONWEAL TH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for plaintiff, BRIAN BELANGER, and that he did serve a true and correct copy of the
Petition for Custody that was filed in the above matter, by U.S. Mail, postage prepaid, certified with
restricted delivery, return receipt requested, unto the Defendant, CHERYL A. ALBERT, on March
12,2001. The receipt form is attached hereto as Exhibit "A".
Sworn to and subscribed before me this 14th day of March 2001.
:~
J1ct~ Jlu,~
N ary Public
NOTARIAL SEAL
Vickie J. Group, Notary Public
Borough of Ca" " County of Cumberland
My CommisslC : Expires Aug. 30, 2004
~
.'
Complete items 1, 2. and 3. Also complete
_ item 4 if Restricted Delivery is desired.
~~ Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Artlare Addressed to:
Q\r\Q llu l ~ M-\Qett
~9i~~'--\.
0.\.0"1 f{\(JIi\ S\-. '
~M c:..*: e>tQOI(:)
,
D. Is delivery address 'ffel'ent from item 1?
If YES, enter delivery address below:
~,12 ZOOI
3. Service l\'pe
r9-cei1ified Mail
~red
o Insured Mail
o Express Mail
~Receipt for Merchandise
D C.O.D,
4. Restricted Delivery? (Extra Fee)
~:-
2. Article Number (Copy from servIce labelj
-"'2: "'- S-~ ",,-'-Ji ''-/(n-L
PS Form 3811 , July 1999 Domestic Return Receipt
\2QQ?(O-RcJ-t.ru.{L:N&ot>:l.", <3/('({01 J..{6.
102595.99.M-1789
'.
EXHIBIT "A"
. - ,
'.
STIPULATION AND AGREEMENT
FOR CUSTODY AND PARTIAL CUSTODY
COMES NOW, CHERYL A. ALBERT, by and through her attorney, James J. Kayer, Esquire, and
(') c::> (')
C - ".'
BRIAN BELANGER, by and through his attorney, James J. Kayer, Esquire, and do stipulate!tli!3agri!i;upon!
f llrn -~, . -;
. ~~-' ~;? .:
the followmg: S?:: 1'0 "
~~~ ~? ~-'.: =
1. CHERYL A. ALBERT and BRIAN BELANGER are the natural parents of o~~ino[fhil<i.;;P.
-", .. .::::t
SHAINALYNNBELANGERbornMay28, 1997. ~ ~'g ~Z
2. Primary physical custody of the minor child, SHAINA LYNN BELANGER, shall be placed in
the father, BRIAN BELANGER.
3. The parties shall have shared legal custody of the minor child, SHAINA LYNN BELANGER.
4. The Mother, CHERYL A. ALBERT, shall have certain rights of partial physical custody of the
minor child so long as she provides reasonable notice, Mother may have custody of the child at any time that
she travels to Pennsylvania and remains in the area close to the child's home. Mother shall also have the
opportunity to visit with the child on those occasions that Father is in the area where she resides. During
periods of time that Mother is at work or is otherwise unable to be physically present with the child during
her periods of custody, custody shall revert to the Father.
5. The parties shall share physical custody of the minor child on holidays as they can agree.
Absence such an agreement, the child shall remain in the physical custody of the Father.
6. Mother shall be provided with regular and reasonable telephone access with the child.
7. It is agreed that the Mother shall have a period of physical custody with the child during the
child's Christmas vacation. Mother shall notify Father no later than November 15, of each year as to when
during the week between Christmas and New Years the Mother would like to utilize her holiday visitation
"
I_i.,.
I
-k
,,;,-,, ,,,,
It&tti
(
I
with the child. Mother shall be responsible for all transportation associated with holiday visitation unless
otherwise agreed upon between the parties.
8. Mother shall have partial physical custody of the minor child at other times as may be mutually
agreed upon between the parties.
9. Father shall not unreasonably withhold rights of visitation or temporary physical custody.
10. The parties shall notify one another within three days ofa move or relocation of their new
address and telephone number.
11. This agreement is based upon the current residential situation of the child and Father residing in
Pennsylvania and the Mother residing in Connecticut. The parties recognize that Pennsylvania shall
continue to maintain jurisdiction regarding custody in this case and that either party may at any time petition
for a modification of this agreement in the event that circumstances change or if either party is dissatisfied
with the current custody arrangement.
12. The parties agree and anticipate that this Agreement for Custody and Visitation may be entered
as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania.
13. The parties do hereby stipulate and agree that they waive their respective rights to be present in
court at the time an order is made pursuant to this Agreement for Custody and Visitation.
IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and
ly bound hereby this ~r'ffi, day of mart' JJ __~, 2001
~ 'f(.L~
BRIAN BELANGER
CJwwl {l}J;.u f~
CHERYL 6. ALBERT
)}~ Qn
Witness
t
r
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Order of Court and Stipulation and Agreement for
Custody and Partial Custody was served on the following person by First Class United States Mail, postage
prepaid, by forwarding a true and correct copy unto:
Cheryl A. Albert
Apt. 11
267 Main Street
Bristol CT 06010
Dated: :3(rcr /01
~G
'-:".l>
.
J.\PR 0 42001 t/J
BRIAN BELANGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01 - 1029 CIVIL TERM
: CIVIL ACTION - LAW
CHERYL A. ALBERT
Defendants
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~~ day Of~, 2001 it is decreed that the Stipulation and
Agreement for Custody and Partial Custody that has been executed by the parties named above shall be made
an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in
this matter.
J.
Cheryl A. Albert, Pro Se
Defendant
~~
4-10 -0 I
RK3
cc: James J. Kayer, Esquire
Attorney for Plaintiff
ij~IiKiJ~,~tl!t~~i'I!Il'imi!tl~~~~!Ii'""1Hl.~l1'N:",k".;'!1l,~",",,,,,,;t;I!_1r""H:~im\iw!~'WOl:ir.:ll~~l
\iINV!\\g)t~~~=,d
..-.. _ """,''''''-'\''''1,/,II''''i~
t 11',111, (\ . ,1\":-' '..j.., "!1J'1\ I')
J\..Li':i 1\,-'.' , ! - ','--' .
,. "(' .r) ,Pd t)
'! r .i:;)
N:'N:"':::'
; ,
,_~ .".. ~'"A~~~
'Q' .~=~ "
-~ ,
If"!
.,
,~~,"','" -..,,, <,'''^'
....'"i"'i~.;iIIJ~&hl;;ll:;
"jl~!_:hIiF"."''''~f_II!ii!l'
-. -~
,~ ..-
c_;;,
~
-~-
,~ =-~ -, ~.
""'~
i~ '.....o..I~ ~ ~ . I
~O~ ~u
~'",~-"~",'
APR 02 2001Y'
BRIAN BELANGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLANDCOUNTY,PENNSYLVANIA
V.
: NO. 2001-1029 CIVIL TERM
CHERYL A. ALBERT,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 2ND day of April, 2001, the Conciliator being notified that the
parties have signed a Custody Stipulation in the above matter, the Conciliator hereby
relinquishes jurisdiction in this matter.
FOR THE COURT,
J4. tI,../
ine M. Verney, Esquire, Cus dy Conciliator
~~'I;;~~;".J~~Wl~~~!il5ll~1~J;,OO4~,--"'.:j."id_\i'&"fn!WJO:i;j' _,,~'U ".'"""'~ ~
~tfJ!Il,,,,_ "_ .~_'"~'~',~~_~__,
.~
~-~
Vii\jVi\lASNN3d
)J rdt'\r.r-, /--;.... ",_}'l\ 1--"'PfI"
.,..1 ,',f.,' -, ,:0<, .' iC-:-:';:'i\j[ J~J
: ) .O? ". ;" _ 'Idel " 'I
\ ;~, '(, i':d r U- Ii C
}.,:\i
1<:._ '.'~ ",_v-"~,,,. , ,-"0' ,~,~ "'!'" "",~'y,_ "'h.". ,0 ,.,"_,_,,, "_~",,",, ". > . ~" _ <,,"
,."",,1_- '~. ,,~,,_.~,
.
1',1
~
,,,,
,~