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HomeMy WebLinkAbout07-4000KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com Attorney for Plaintiff MARIA ELLIOTT, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C~ -- . ~~ RICHARD ELLIOTT, :CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Maria Elliott, currently residing at 12 N. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. All legal papers may be served on her through her attorney at 4660 Trindle Road, Suite 201, Camp Hill, PA 17011, as her mailing address wilt be changing in the near future. 2. The Defendant is Richard Elliott, currently residing at 12 N. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children. NAME Bryce W. Elliott PRESENT RESIDENCE 12 N. Stoner Avenue Shiremanstown, PA AGE 6 years D.O.B. 6/29/2001 Annalise M. Elliott 12 N. Stoner Avenue 2 years Shiremanstown, PA D.O.B. 6/6/2005 J 4. Bryce W. Elliot and Annalise M. Elliott (hereinafter the "children") were bom in wedlock. 5. The children are presently residing primarily with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Maria Elliott 12 N. Stoner Avenue Birth -Present Richard Elliott Shiremanstown, PA 7. The mother of the children is Maria Elliott, currently residing at 12 N. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. She is married but separated. She intends to move to a new residence with the children. 8. The father of the children is Richard Elliott currently residing at 12 N. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. For the present time only, the Plaintiff currently resides with the children and their father. Plaintiff will be residing only with the children after her relocation. 10. The relationship of Defendant to the children is that of Father. For the present time only, the Defendant currently resides with the children and their mother. Defendant will be residing alone after Plaintiff's relocation 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting shared legal and primary physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Plaintiff has been the primary caregiver for the children from the time of their birth to the present; (b) Plaintiff is able to provide a stable and safe home and emotional environment for the children; and (c) Plaintiff has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court award Plaintiff shared legal and primary physical custody of the children. Respectfully Submitted, KOPE & AS OCIATES, LLC By: ~._- sle B am, Esq. Dated: ~ ~,~ ~+~-~ VERIFICATION I, Maria Elliott, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. nn ~~ Dated: a~ rya EII' ~• Jl.~ ~ ~ ~ -0 ~ ~ r ~ b V„ w~ , _ f- ca _ v O ~ ~~ _ ~ (""' ~~~ T ~ ~ f _~) N y i ~ ~ ` j ~ 4._ --.:.'i ' --~ t ~ -y C ~:;~ w .I"' (,v' ""~ IlJ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a7koaelaw.com Attorney for Plaintiff MARIA ELLIOTT, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07 - /Odd C.: t u L ~,~~) RICHARD ELLIOTT, :CIVIL ACTION -LAW Defendant. IN CUSTODY STIPULATION AND NOW, this~th day of ,~i~, 2007, it is STIPULATED and AGREED by and between the parties, Maria Elliott ("Mother"), and Richard Elliott ("Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor children Bryce W. Elliott, born June 29, 2001, and Annalise M. Elliott, born June 6, 2005, (hereinafter the "Children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the Children. The parties agree that major decisions concerning the Children, including, but not limited to, the Chi{dren's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Children shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the Children in accordance with the following schedule: a. Father shall have custody of the Children every other weekend from Friday at 5:30 p.m. until Sunday at 8 p.m., said weekend commencing Friday, July 6, 2007 until Sunday, July 8, 2007, and every other weekend henceforth. b. Father shall have custody of the Children every Tuesday evening from 5:30 p.m. until 9:00 p.m., and every Wednesday evening from 5:30 p.m. until 9:00 p.m. c. Summer: The parties agree that each party will have the right to uninterrupted custodial time with the Children each summer. Such time will be determined only by agreement of the parties. d. Christmas and Thanksgiving: Father and Mother agree that in all years, Mother shall have custody of the Children from 12 noon on December 24 until 12 noon on December 25. In all years, Father shall have custody of the Children from 12 noon on December 25 until 5 p.m. on December 25. In all years, Mother shall then have custody of the Children from 5:00 p.m. on December 25 until 8 a.m. on December 26. As per Thanksgiving, Father will always have custody of the Children on Thanksgiving from 8 a.m. until 8 p.m. e. Other Holidays: Father and Mother agree to share and/or split custody of the Children on all other holidays, specifically including New Year's Eve and Day, Easter, Memorial Day, Fourth of July, and Labor Day. Custodial time over these holidays will be divided by agreement of the parties. f. Mother's Day and Father's Day: Mother will always have custody of the Children from 8 a.m. until 8 p.m. on Mother's Day. Father will always have custody of the Children from 8 a.m. until 8 p.m. on Father's Day. g. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. These agreements shall not modify the custody schedule. 1. h. Holiday time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 4. Transportation: Mother and Father shall share responsibility for the transportation for the Children. In the absence of agreement, the party receiving custody shall pick up the Children from the other party's home. 5. Parents should provide one another with a phone number and address where the Children may be contacted, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Children which shall not be excessive. Unless there are exigent circumstances, reasonable telephone contact means no more than one telephone call per day. 8. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from 1. and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediary. 9. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. 10. Applicable Laws: Any provision in this Agreement regarding children custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provision of this Paragraph shall be modified according to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Mother's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and he will not oppose an application being brought pursuant to these statutes. KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telep one (717) 61-7573 esley am, Esquire Attor y for Plaintiff A IAl SEAL LEANNI M BENSCH Notary PuDNc MIDOLEIOWN BOROUGH QAUPFNN COUNiY t 4 10 Maria Elliott 12 North Stoner Avenue Shiremanstown, PA 17011 ~~ aintiff Richard Elliott 12 North Stoner Avenue Shiremanstown, PA 17011 d ~ _.. efendant Sworn to or affirmed and acknowledged before me by Ftiiehard Elliott C°) ~ p C4 ~ -r-r ~ ~ - . ._ ~ -- ~ r r'' ~ ` 1 - r~ _ " N ~_ )f -- --~ .~, - i ; ~ .:m. r :~ ' , ~:, ~ tT i `~ `' ~ ~' .. ~.~ -^G ..,.~.. }A.y2 .W A OM -*~~2t~39 Sul IA'rU131 ;~i?i7u4 v i4tr1L1 Nc74:~StO9 NW013JC1~) ~111U~~ NIM91.lA(1 y ~~ JUL 0 b 20W MARIA ELLlOTT, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ "f ~fGY~j RICHARD ELLIOTT, :CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER ~~ AND NOW, this ~ day of ~~~y 2007, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: "~~,~ ~ ~ v 0 a 6 MARIA ELLIOTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD ELLIOTT DF,FF,NDANT • 07-4000 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 09, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 09, 2007 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will he made to resolve the issues in dispute; or if this cannot 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn .Man an r. Es . 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 THIS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4 LL~.~i 4. ~ ~~~ ~~~ t! 1 Ct d~ ~~~G