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HomeMy WebLinkAbout01-05339, 3 FAITH A.E. IMLER, , Plaintiff . v. , CHRISTOPHER SPENCER, , K. KRI5TOPHER KANE, & . CHARLENE L. KANE , Defendants . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 i - 539 ~~ ~ ~ l CIVIL ACTION - AT LAW FOR CUSTODY CONSENT ORDER AND NOW, this ~`~ day of ,~ 2001, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of two pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. ~. E~vu!X/NCt, s.cu?'~:'s0 kA~w6..s+.h.+ui, at c,, •.;~ 7~,~,: ...a«-s-~:s.#kY"=+It^ ~1k~'~ehxuisz'NFt~u :ao-'4aro~f+~lHi~. f i ro r ~"~,~1 1{')~ ~~w~ VI V SI .-s'J«I'.~' ~t 41 1 ~ 5.u ~" 0 )~E`j ~ .~ f~~., ~ ,,.~~- _ 1 FAITH A.E. IMLER, Plaintiff v. CHRISTOPHER SPENCER, K. KRISTOPHER KANE, & CHARLENE L. KANE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO(U~NTY, PENNSYLVANIA CIVIL ACTION AT LAW FOR CUSTODY WHEREAS, the subject of this stipulation for custody is the Plaintiff's and Defendant's, Christopher Spencer, child, namely Christopher Logan Spencer, born February 13, 1991; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child and his mother live in; Cumberland County, Pennsylvania, it is the desire of both parents and all parties involved that the child continue to live with his mother in Cumberland County, and the Child continue his education) in Cumberland County, thus giving this Court jurisdiction; THEREFORE, this ~ day of SP~~Q-/'1~Cr 2001, in consideration of the mutual covenants, promises, and agreements as~'~, hereinafter set forth, and intending to be legally bound, the' parties agree as follows: 1. Father and Mother shall share jointly legal custody of the Child, Christopher Logan Spencer. 2. The Mother, Faith A.E. Imler, shall have primary physical custody of the Child, subject to periods of partial ti physical custody in Father as follows: as mutually agreed upon by the parties. 3. This stipulation may only be altered by the mutual consent of Mother and Father. 5. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. L]y~1. h . 1 ~ ~.M~ T Faith A.E. Imler ristop er Spe cer Char ene Kane [~ {~ r7 " r ~• li a "LS Q} ~ - .~.T_ '_'i . T' ~ ~ ~ l_~: e-~g :A3, -tom ~~ FAITH A.E. IMLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND C2O~UNTY, PENNSYLVANIA v. No. ~~~ 5~~ ~~1 CHRISTOPHER SPENCER, CIVIL ACTION - AT LAW K. KRISTOPHER KANE, & FOR CUSTODY CHARLENE L. KANE . Defendants COMPLAINT FOR CUSTODY The Plaintiff, FAITH A.E. IMLER, by and through her attorney, The Law Offices of Patrick Lauer, Jr., files this Complaint for Custody against the Defendants, CHRISTOPHER SPENCER, K. KRISTOPHER KANE, and CHARLENE L. KANE, and in support thereof, avers the following: 1. The Plaintiff is Faith A.E. Imler, an adult individual and the natural mother, who currently resides at 1061 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendants are Christopher Spencer, an adult individual and the natural Father, who currently resides at RD 1, Hesston, Huntingdon County, Pennsylvania 16647, and K. Kristopher and Charlene Kane, Uncle and Aunt, who currently reside at P.O. Box 8, Oakland Mills, Juniata County, Pennsylvania 17076. 3. The Plaintiff seeks custody of the following child: Name Present Residence Aqe Christopher 1061 Oyster Mill Road 10 Logan Spencer Camp Hill, PA 17050 (February 13, 1991) The child was not born out of wedlock. The child is presently in the custody of his mother, Faith A.E. Imler, who resides at 1061 Oyster Mill Road, Camp Hill, Pennsylvania. During the past five years, the child resided with the following persons and at the following addresses: Name Address Dates Faith A.E. and 1061 Oyster Mill Road, 8/01-current William Imler Camp Hill, Pennsylvania K. Kristopher and P.O. Box 8, 9/96-8/2001 Charlene Kane, and Oakland Mills, Pennsylvania Their two children The Father of the child is Christopher Spencer, currently residing at RD 1, Hesston, Pennsylvania 16647. He is single. The Mother of the child is Faith A.E. Imler, currently residing at 1061 Oyster Mill Road, Camp Hill, Pennsylvania 17011. She is married. 4. The relationship of the plaintiff to the child is that of 1, natural Mother. The plaintiff currently resides with the following', persons: Name William Iml Relationship Husband 5. The relationship of the defendant, Christopher Spencer, to I the child is that of natural Father. The defendant currently) resides with the following persons: Name David & Barbara Foreman Relationship Friend The relationship of the defendants, K. Kristopher and Charlen Kane, to the child is that of Uncle and Aunt. The defendants currently resides with the following persons: Name Relationship Brian J. Kane Son Deanne C. Kane Daughter 6. Plaintiff has participated as a party in other litigation concerning the custody of the child in another court. The court, term and number, and its relationship to this action is: Court of Common Pleas of Juniata County, No. 376 of 1996, prior custody order, and Court of Common Pleas of Dauphin County, No 845 S 1995, Divorce. 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 physical custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural Mother of the child. (b) The child currently resides with Plaintiff. (c) Plaintiff and Defendants have agreed to the terms and conditions set forth in the attached Stipulation. 8. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting to her custody of her child in accordance with the Stipulation of the parties. Respectfully submitted, "Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. ID No. 84745 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF n FAITH A.E. IMI,ER, Plaintiff v. CHRISTOPHER SPENCER, K. KRTSTOPHER KANE, & CHARLENE L. KANE Defendants _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW FOR CUSTODY I, Faith A.E. Imler, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. ~ 4940. Faith A.E. Imler ~~ Date: Av~s~ 2S~ 2~0~ ~~ ~ `~/~J . eL~. ~4/ W .~-~~ .~ -.~ cj -c; c~ t~ ~u' Jir. ~'. Y: ~~~ C') ~ ~i rn ~V ~~ &" N t-. -; r -~:; "1 O' p