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HomeMy WebLinkAbout07-5294JEREMY COY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 5y CIVIL TERM HEATHER BENFIELD, :CIVIL ACTION -CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Jeremy Coy, an adult individual whose residence is at 768 Shippensburg Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Heather Benfield, an adult individual whose residence is at 146 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of his child, Dakoda Coy, born March 13, 1996. 4. The child is presently in the custody primarily of plaintiff. 5. The child has lived at the following addresses: Name Address Dates Dakoda Coy 146 Big Spring Terrace Newville, PA 768 Shippensburg Road Newville, PA 2000 -March 2007 March 2007-Present 6. The relationship of the plaintiff to the child is that of natural father. 7. The relationship of the defendant to the child is that of natural mother. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding conceming the child pending in a Court of this Commonwealth. 10. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 12. Serious conflict exists between child's stepfather and the child. 13. Mother has had recent legal problems involving drugs. 14. Father has had sole physical custody of the child since March 2007. 15. 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. WHEREFORE, Wherefore, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiff's requests for sole legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. Respectfully Submitted 4 t ~° Date TORO LAW OFFICES G~fen R. Waltz, uire 28 South Pitt S reet Cadisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Father VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Q 7 Date Jer y Co CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Custody Complaint, by certified, return receipt requested, postage pre-paid and depositing same in the United States Mail, fast class, postage pre-paid on the ~~± day of S'c-~. ~s,+w ~,.~~-- 2007, from Carlisle, Pennsylvania, addressed as follows: Heather Benfield 146 Big Spring Terrace Newville, PA 17241 TURO LAW OFFICES G en R. Waltz, E 28 South Pitt Street Carlisle, PA 17013 (717) 245-~88; FAX 717.245.2165 .- ~ ~.._ ~~ '" `- . ~ ,~ 'tG~ ,,,` V 1.A cn,~ --r~ .~" a ~: `?~: ,}4~:.} 1 i'~t ~) ~.'+~ LY'S :G JEREMY COY, : IN THE COURT OF COMMON PLEAS PlairrtifF :CUMBERLAND COUNTY, PENNSYLVANIA 6~~y v. : NO. 07-fay~CIVIL TERM HEATHER BENFIELD, :CIVIL ACTION -CUSTODY Defendant CUSTODY STIPULATIONJORD~R AND NOW, this 3 ~ S} day of ,2007, it is hereby Ordered as follows: 1. Dakoda Coy, bom March 13, 1996, is the natural child of Jeremy Coy (Father) and the natural child of Heather Benfield (Mother). LEGAL CUSTODY 2. The Father, Jeremy Coy shall have sole legal cxistody of Dakoda Coy. While in the presence of the Child, neither parent shaft make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the child as to the other parent. It shall be the responsibility of each parent to uphold the other parent as one to whom the child owes love and respect. PHY AL C T Y 4. Primary physical custody of the Child shall be in the Father subject to the following period of partial custody with the Mother: a. Mother shall be entitled to every other weekend, beginning Friday, at 6:00 p.m. to Sunday, at 6:00 p.m.. b. ff either party has an extended absence from the child (exterKled absence defined as greater than 2 hours), the custodias~4all ., ~- ,~ ,. y~ is ' P... r, ..CF r t~,r :~ ~~~a s- ~~s co~z ~~.fY~UI~. .~i,i:,~~'af '7Jf 1~ ~J _F' provide the non-custodial parent the opportunity to have custody of the child until the absentee parent returns. c. H LIDAY (I) Thankss~ivino -The Thanksgiving Holiday will run from Thursday at 7:00 a.m. until 3:00 p.m. which shall be Father's period of custody during odd numbered years and Thursday at 3:00 p.m. to 7:00 p.m. which shall be Mother's period of custody for odd numbered years. During the even numbered years the Thanksgiving custodial periods shall rotate wherein Mother shall have custody during the Thursday time period from 7:OOa.m. until 3:OOa.m. and the Father shalt have custody Thursday from 3:OOp.m. unti17:00p.m. This schedule shall alternate and rotate. (II) Christmas -The Christmas holiday shall be divided into Segment A which shall run from 3:00 p.m. Christmas Eve through 3:00 p.m. Christmas Day and Segment B which shall run from 3:00 p.m. Christmas Day until 3:00 p.m. December 26. In even numbered years Mother shall have custody of the child for Segment A and Father shall have custody during Segment B. In odd numbered years Father shall have custody of the child for Segment A and Mother shall have custody during Segment B. (iii) Easter -The Easter holiday shall be divided into Segment A which shall run from 7:00 a.m. Easter Day until 3:00 p.m. and Segment B which shall run from 3:00 p.m. Easter Day until 7:00 p.m. Father shall have Segment A on even numbered years and .Mother shall have Segment B on evening numbered years. In odd numbered years Father shall have Segment B and mother shall have Segment A. (iv) Father's Dav -The child will always be in the custody of the Father for Father's Day weekend. (v) Mother's Dav -The child will always be in the custody of the Mother for Mother's Day weekend. (vi) Vacations: The child may have 3 weeks consecutive vacation with each parent providing the following occur: (1) 30 days advance notice of the vacation shall be provided to the non-vacationing parent, and (2} an itinerary of activities shalt be provided and (3) the names of all adult persons accompanying the child shall be provided, and {4) the telephone number and addresses of the vacation residences shall be provided. EXCHANGE 5. The non-custodial parent shall be responsible for the transporting of the child from the custodial parent. TELEPHONE. CONTACT 6. Both parents shall have liberal and reasonable telephone contact with the child while the child is in the custody of the other parent. In the event that either party has a change in their telephone number or terminate telephone service, they will inform the other party within 24 hours of the change. RELOCATION OF RESIDENCE 7. In the event either party has a change in their residential address, they will inform the other party of the new address within 24 hours of the change. ILLEGAL. DRUGS 8. Neither party shall use illegal drugs nor shall they permit the child to be exposed to illegal drug usage while in the custody of that parent. 1 • J ) ~ 9. In the event the parties mutually agree to temporarily modify the terms of this Order, they may do so; otherwise this Order shall control. ~~ y coy c.c Witne c.c. en R. Bather ~n Waltz, Esquire 3enfield. Mother her BeYlfleld Wit ss BY TH COU T, J.