Loading...
HomeMy WebLinkAbout07-5156~ • 1 WI=NDY NISSEL Plaintiff v. JOHN ENSMINGER STELLA ENSMINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07. 51,5(p l: t V ~ ! ~ ernq CIVIL ACTION - IN CUSTODY NOTICE You have been sued in 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 aze served, by entering a written appeazance 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ,,~ ,, :, ,~ ,, .~1 t WENDY NISSEL Plaintiff v. JQHN ENSMINGf R STELLA ENSMiNGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07 - 31 ~R. Civil Term CIVIL ACTION - IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Wendy Nissel, by and through her attorney, Gary J. Imblum, and respectfully represents: 1. The Plaintiff, Wendy Nissel, resides at 1053 Rebecca Street, Carlisle, Pennsylvania. She is the natural mother of Erica Ensminger. 2. The Defendants, John Ensminger and Stella Ensminger, reside at 415 Bemheiset Bridge Road, Carlisle, Pennsylvania. They are the paternal Grandparents of Erica Ensminger. 3. Plaintiff seeks shared custody of the following child, :Erica Ensminger, age 15. 4. The child was born out of wedlock. John Stephen Ensminger, Jr. admitted to paternity during his life. He passed away August 2, 1997. 5. During the past five (5) years child has resided with the following persons at the following addresses: ,~ a. John and Stella Ensminger, 415 Bemheisel Bridge Road, Carlisle, Pennsylvania, from birth to the present. b. Wendy Nisse1,1053 Rebecca Street, Carlisle, Pennsylvania, from birth to the present. 6. The mother of the child, Wendy Nissel, is currently residing at 1053 Rebecca Street, Carlisle, Pennsylvania, and she is widowed. 7. The patemal Grandparents of the child, John and Stella Ensminger, are currently residing at 415 Bernheisel Bridge Road, Carlisle, Pennsylvania, and they are married. 8. The relationship of the Plaintiff to the child is that of natural Mother. 9. The relationship of the Defendants to the child is that of paternal Grandparents. 10. There has been no other litigation concerning the custody of the child. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The child has resided equally with the Plaintiff and Defendants since her birth, and Defendants wish to have the Agreement memorialized in writing. b. The Defendants have a strong relationship with the child. ,.. c. Both Plaintiff and Defendants provide a positive environment for the child. d. Plaintiff and Defendants have reached an agreement to share custody of the child. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons, named below, .who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. The natural father of the child is deceased. WHEREFORE, Plaintiff requests this Honorable Court to grant her shared custody of the child. Respectfully submitted, KOD,E-K~ IMBLUM,AP.C. Attorney I.D. 0.42606 407 North F ont Street P.O. Box 1 848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax No. (717) 238-5258 Email: gary.imblum(c~verizon.net Attorney for Plaintiff Dated: • • °~~• VERIFICATION I, Wendy Nissel, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsif-cation to authorities. W dy i el DATED: 7p Q ^~y1` ~ X 5 L> .3 ~ 31 Q ~ ~' ~ ~ ~ -n v .,.. 7 TS ~ . ~ f ~ ~~, ~ o ~, . '' rv ~ L_~ ~ r ~~ ``. ,,, _. -~ T- .L~ .. '-~ tS1 ~~ r 6 WENDY NISSEL va. Plaintiff JOHN ENS~tINC~R , STELLA ENSMINGER Defendants IN THE COURT OF COM~N PLEAS OF CUI~ERT,.AND COUNTY , PA CIVIL ACTION - CUSTODY NO. ~ ?' 354 CIVIL TERM CUSTODY A6 THIS AC:RiT, made this 2 ~ day of l~rG /5 J , 2007 between Wendy Niaa®1 of Carlisle, Pennsylvania(hereinafter referred to as "Mother"), and John Enaminger and Stella Enaminger, husband and wife, of 415 Bernheiser Bridge Road, Carlisle, Pennsylvania (hereinafter referred to as "Grandparents"). W I T N E SET H ~i1HEREAS, the parties are the parent and grandparents of one minor child, namely Erica Ensminger, born March 12, 1992 (hereinafter referred to as "the Child"); and WHEREAS, the parties hereto desire to enter into an agreement as to shared custody of the Child. NOW' THEREFORE, the parties hereto intending to be legally bound hereby, do covenant and agree as follows: 1. Mother and Paternal Grandparents shall have shared legal custody of the child. 2. Mother and Paternal Grandparents shall have shared primary physical custody, care and control of the child. 1 3. During the respective periods of custody, both Mother and Grandparents shall keep the other party fully informed of the location of the child and the phone numbers and places of any temporary residence. Each party shall permit and encourage reasonable mail and telephone contact between the child and the party who is out of custody for any particular period. 4. Neither Mother nor Grandparents shall use any controlled substances in the presence of the child nor shall they consume alcohol to the point of intoxication in the presence of the child during any period of visitation. 5. Neither Mother nor Grandparents shall do anything to estrange the child from the other party and both shall encourage the child's relationship with the other party. Specifically, neither party shall make, or permit any other person in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other party. It shall be the express duty of each party to uphold the other as one whom the child shall respect and love. Additionally, neither party shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other party in the presence of the child. 2 6. All decisions affecting the child's growth and development shall be made by the parties jointly after mature discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustment. Each party agrees not to impair the other party's right to share legal or physical custody of the child. Each party agrees to give support to each other in the role as parent and grandparents and to take into account the consensus of the other for the physical and emotional well being of the child. 7. With regard to any emergency decision which must be made, the party with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, that party shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the party having physical custody at the time. 8. Both parties shall have liberal rights to place phone 3 'Y • calls to the child when the child is in the custody of the other party. q• It is the intention of the parties hereto that the Court adopt this agreement and incorporated it into a Court Order. 10. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. II, This agreement constitutes the entire understanding between the parties, and there are no covenants, representations, or agreement, oral or written of any nature whatsoever, other than those herein contained. Iii WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above. written. W~~~sel John Ensmin '~ ~~I: -off ~' - - Stella Ensminger 4 n -rs t..`~, t~ ~ 1'~'S ~ •.~ µ:1Pro ~'~ ~ ~ V 'Y'; ('T' f'-_' . ~ ":':J Pte," e_ .; ; f 7 ~ .ia .- ^ ~ ~ --5 C .F ~ 7' T ~ '~ ~ - ^~ trt ~ :~ .. WENDY NISSEL vs. Plaintiff JOHN ENSMINGER , STELLA ENSMINGER Defendants AUG 2 91D0~,•~ IN THE COURT OF CO1~Il~tON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - CUSTODY NO . ~7 -Jr~ 5(, CIVIL TERM CONSENT ORDER AND NOW this 3 S day of ~ ~ a 2007, pursuant to agreement of the parties, the Custody Agreement entered into between the parties dated August 27, 2007, is hereby adopted as an Order of Court. BY THE COURT: ` ~ 4 a "'~ v !~ ,. _ - ~~ J1~31J ~ ~..' ~, r ' .~ ~. ~.~'~.L ~i.~ w tr; ., ,~ ,, "... ,_.,, .s.