The URL can be used to link to this page

Home My WebLink About03-4806NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF JAMES P. WILFROM, JR. Plaintiff Va FUMIE SAKUMA MOWATT, DefG.~c~ant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-/'/~/C)~CIVIL TERM :IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, James P. Wilfrom, by his attorney, Nathan C. Wolf, Esquire, and files this complaint and agr~:ament for custody, representing as follows: 1. The plaintiff, James P. Wilfrom, Jr., is an adult individual residing at 704 Stanwick Circle, Apt G Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Fumie Sakuma Mowatt, is an adult individual residing at 320 Pomelo Drive, Unit #22, Vista, California 92083. 3. The parties are the natural parents of one minor child, namely Noel Ranju Wilfrom (born March 25, 1997, age 6 years). 4. The child resided with the parties from the birth of the child until the parties' divorce on April 27, 2001. The cnild has resided with Father since the parties' divorce. 5. The parties were divorced from marriage by decree from the Country of Japan on or about Apdl 27, 2001. 6. The child was born of the marriage of the parties. 7. 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. 8. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 9. 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. 10. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that Father have primary physical custody and that Mother have pedods of temporary custody and visitation with the child in accordance with their mutual agreement, provided Mother gives Father at least two weeks notice of her intention to exercise such periods of custody or visitation. 11. Both parties, as evidenced by their joint execution of this complaint, 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: The parties :~hall hav~ joint legal custody of the child. The Father shall have primary physical custody of the child. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time, provided she gives Father at least two weeks notice of her intention to exercise such periods of custody or visitation. D. 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. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies con(;erning ~.he child and shall further take any necessary steps to insure that the health, welfare ,~r,d well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. H. In the event of the breach of this agreement by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of this agreement. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court I. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the p~rt of the other. J. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County without the necessity for a hearing or other proceeding thereon, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further mo¢.ification 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. ,2003 ESQUIRE Attorney for Plaintiff 35 East High Street, Suites 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that t~,e acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrsngement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. Date: 0 II ILFROM, J~,._,j FUMIE SAKUMA MOWATT (SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the /J~ day of -~,"~,~,~4< 2003, before me, the undersigned officer, personally appeared James P. Wilfrom, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. . IN WITNESS WHEREOF, I hereu~/~l~ly~ha~nd<~ off~a~._, HAROLD S. IRWIN, IlL NOTARY PUBLIC JCARUSLEBOROUGH, COUNTY OF CUMBER[~ND ota~ Pub~i~c ~ (SEAL) ~1 ~ COMMISSION EXI~RES~ C CTOBER_,.~22 20f~6 STATE OF CALIFORNIA : COUNTY OF ~Rh ~ ~ ~ .':SS= On this, the ~ day of ~ ,2003, before me, the undersigned officer, personally appeared FUMIE SAKUMA MOWATT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ANNETTE HANKE GySgt, USMC Joint Legal Assistance Office, SNCOIC Camp Pendleton, CA 9205~-50~,3., J My Commission Expires I~ ~ AU~'HOP. IZ~E) TO ACT AS A NOTARY PUBLIC UNDER THE pRoVISIONS OF SECTION 1044 (a) OF TITLE 10 OF THE UNITED STAT~-S CODE AND SECTION 1183-5 OF THE CALiFORNiA CiViL CODE. NO SEAL REquIRED BY LAW. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SIP '1 5 200 JAMES P. WILFROM, JR. Plaintiff FUMIE SAKUMA MOWATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this /~ ' day of .~,.4.... , 2003 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the partles, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of the child. B. The Father shall have primary physical custody of the child. C. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time, provided Mother gives Father at least two weeks notice of her intention to exercise such periods of custody or visitation. D. Any modification c,' waiver of any of the provisions of the agreement of the parties shall be effective only ii: made in writing and only if executed with the same formality o! the agreement .of the parties. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. 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 is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should cimumstances change and any party desire further or require further modification of said Order. BY THE COURT,