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HomeMy WebLinkAbout03-3445RANDALL S. BUFF1NGTON, Plaintiff MELISSA D. BUFF1NGTON, Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ©2 - 2qg, S' : CIVIL ACTION - LAW : CHILD CUSTODY NOTICE YOU HAVE BEEN SUED 1N 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 child custody, or child visitation. 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 RANDALL S. BUFFINGTON, Plaintiff MELISSA D. BUFFINGTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 : CIVIL ACTION - LAW : CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Randall S. Buffington, by and through his attorney, Kristin R. Reinhold, Esquire, and respectfully avers the following: 1. Plaintiffis Randall S. Buffington, an adult individual residing at 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Defendant is Melissa D. Buffington, an adult individual residing at 55 Conewago Terrace, Apt. #3, East Berlin, Adams County, Pennsylvania. 17316. 3. The subject child is Robert L. Buffington, born May 22, 2000. 4. The relationship of the Plaintiff to the subject minor child is that of natural father. 5. The relationship of the Defendant to the subject minor child is that of natural mother. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, May 22, 2000 until June, 2003 - the subject minor child resided with Plaintiff and Defendant at 212 South 15t~ Street, Camp Hill, Cumberland County, Pennsylvania. b. From June, 2003 until present - the subject minor child resides with Defendant at 55 Conewego Terrace, A~t. #3, East Berlin, Adams County, Pennsylvania, and Plaintiff at 212 South 15 Street, Camp Hill, Cumberland County, Pennsylvania, according to the schedule set forth in the attached Stipulation. 7. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. It is believed and therefore averred that it is in the best interests of the subject minor child that he spend significant amounts of time with each of his parents. WHEREFORE, Plaintiff requests this Honorable Court enter an Order of Court according to the terms of the Stipulation for Child Custody filed contemporaneously hereto. Respectfully submitted, THE LAW OFFICES OF 5922 L~nglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Randall S. Buffington AFFIDAVIT I, /~a,n,,l~t ~'. /F:,~,xC4%,~, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: RANDALL S. BUFF1NGTON, Plaintiff MELISSA D. BUFFINGTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY MOTION FOR ENTRY OF CUSTODY ORDER AND NOW comes the Plaintiff, Randall S. Buffington, by and through his attorney, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents this Motion for Entry of a Custody Order as follows: 1. Plaintiffis Randall S. Buffington, an adult individual currently residing at 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Melissa D. Buffington, an adult individual currently residing at 55 Conewago Terrace, Apt. #3, East Berlin, Adams County, Pennsylvania 17316 3. Randall S. Buffington and Melissa D. Buffington are the natural parents of one subject minor child, namely Robert L. Buffington, bom May 22, 2000. 4. The subject minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, May 22, 2000 until June, 2003 - the subject minor child resided with Plaintiff and Defendant at 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania. b. From June, 2003 until present - the subject minor child resides with Defendant at 55 Conewego Terrace, A~gt. #3, East Berlin, Adams County, Pennsylvania, and Plaintiff at 212 South 15 Street, Camp Hill, Cumberland County, Pennsylvania, according to the schedule set forth in the attached Stipulation. 5. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 6. Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 7. The parties entered into negotiations regarding a custody arrangement which would be in the best interests of their subject minor child, and have reached an agreement which is set forth in the attached Stipulation for Child Custody. best interests. 8. The parties believe this Stipulation for Child Custody is in their child's WHEREFORE, Movant, Randal S. Buffington, respectfully request this Honorable Court enter the parties' Stipulation as an Order of this Court. Date: Respectfully submitted, THE LAW OFFIC[ S OF 5922 Lir/glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Randall S. Buffington RANDALL S. BUFFINGTON, Plaintiff MELISSA D. BUFFINGTON, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. O.~ -- : CIVIL ACTION - LAW : 1N CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW this q~xday of -'~,.)\ / ,2003, the parties hereto, with their counsel, enter into a Stipulation for Custody as follows: WHEREAS, the parties are the natural parents of Robert L. Buffington, born May 22, 2000; and WHEREAS, the Defendant has filed a Complaint in Divorce in the Court of Common Please, Cumberland County, Pennsylvania, docket number 03-1882, and the parties intend on physically separating in the near future; and WHEREAS, the parties have reached an agreement regarding the best interests of their minor child; NOW THEREFORE, Plaintiff and Defendant do stipulate and agree that the best interests and welfare of their minor child will be served by the following: 1. Plaintiff is Randall S. Buffington, hereinafter referred to as "Father", who currently resides at 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant is Melissa D. Buffington, hereinafter referred to as Pennsylvania 17316. intent that the following terms be made part of an Order of Court for Custody in the above-captioned matter: A. Legal custody of the child shall be shared by the parties. B. Physical custody of the child shall be shared by the parties on the following schedule: On a two week rotating schedule, Father shall pick up the child and have custody from Sunday evening at 7:00 p.m. until Tuesday evening at 7:00 p.m. Mother shall pick up the child and exercise custody until Friday evening at 7:00 p.m. Father shall pick up the child and exercise custody until Tuesday evening at 7:00 p.m. Mother shall · · thechlld' and ' ~on~ ' ~\' p~ck up exercise Tuesday evemng at 7:00 p.m. and exercise custody until Sunday evening at 7:00 p.m. C. Each party shall be responsible for transporting the minor child to and from daycare during his/her periods of custody· D. Each party shall be entitled to two uninterrupted weeks of physical custody each year. These weeks shall be non-consecutive. Each party The parties agree to submit this Stipulation to the court with the "Mother", who currently resides at 55 Conewago Terrace, Apt. #3, East Berlin, shall provide the other with at least 30 days notice of the dates and times on which he/she chooses to exercise these periods of physical custody. E. The parties shall share holidays on the following schedule: 1. The child shall be with Mother on Mother's Day and with Father on Father's Day, from 7:00 p.m. on the Saturday preceding the holiday until 7:00 p.m. on the evening of the holiday. 2. In odd numbered years, Father shall be entitled to the Thanksgiving Day holiday from 7:00 p.m. Wednesday evening until 7:00 p.m. Thanksgiving Day evening. In even numbered years, Mother shall be entitled to the Thanksgiving Day holiday from 7:00 p.m. Wednesday evening until 7:00 p.m. Thanksgiving Day evening. 3. In odd numbered years, Mother shall be entitled to the Christmas holiday from 7:00 p.m. December 24 until 7:00 p.m. December 25. In even numbered years, Father shall be entitled to the Christmas holiday from 7:00 p.m. December 24 until 7:00 p.m. December 25. 4. If either party is going to be unable to care for the minor child for a period in excess of four hours during his/her period of custody, then the other party shall be contacted and be offered the option to care for the child before third party care is arranged. 5. Each of the parties shall permit reasonable telephone contact between the child and the non-custodial parent. F. The parties shall cooperate to the maximum extent possible to undertake the best efforts to serve the best interests of the subject minor child in their parenting. G. The holiday schedule shall always supercede the regular schedule of custody. H. Both parents shall refrain from making derogatory comments about the other in the presence of the child and, to the extent possible, shall prevent third parties from making such comments in the presence of the child. I. If either parent plans to relocate more than thirty miles from 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania, he/she shall provide the other parent with 60 days notice of the plamncd relocation. J. The parties envision that the custody schedule set forth in Paragraph 3.E. shall continue when the subject child reaches school age. Intending to be legally bound, the parties herein place their hands and seals. Randall S. Buffington f t Meli~sa D. Buff'lng[oil RANDALL S. BUFFINGTON, Plaintiff MELISSA D. BUFFINGTON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 -3qt-/S : CIVIL ACTION - LAW : iN CUSTODY ORDER OF COURT ANDNOWthis °~'t~ dayof ~ ,2003, upon consideration of the attached Motion and Stipulation for Child Custody, IT IS HEREBY ORDERED AND DECREED that the terms of the Stipulation for Child Custody dated July 9, 2003 are hereby entered as an Order of this Court.