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HomeMy WebLinkAbout07-5283OM ~' LITLILAKIS Kara W. Haggertq, Esquire 1lttorney I.D. #: 86914 36 South Hanover Street Carlisle, P<~ 17013 (717) 249-0900 JOHN BENFIELD, JR., Plaintiff v. HEATHER BENFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PA NO. ~ 7 - Sa'- ~.3 CIVII. ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is John Benfield, Jr., who currently resides at 146 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Heather Benfield, who currently resides at 146 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following children: Name: John Andrew Benfield, III Date of Birth: September 1, 2005 Address: 146 Big Spring Terrace, Newville, Pennsylvania. Name: Kendall Marie Gale Benfield Date of Birth: August 7, 1999 Address: 146 Big Spring Terrace, Newville, Pennsylvania 4. The children were born during wedlock. S. The children are presently in the custody of Plaintiff, John Benfield, who resides at 146 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date John & Heather Benfield 146 Big Spring Terrace Birth to Present Newville, PA 17241 7. The mother of the child is Heather Benfield, who resides at 146 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 8. The father of the child is John Benfield, Jr., who currently resides at, 146 Big Spring Terrace, Cumberland County, Pennsylvania 17241. 9. The relationship of Plaintiff to the children is that of Father. 10. The relationship of Defendant to the children is that of Mother. 11. The Plaintiff has not participated as a party of witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 12. The Plaintiff has no information of a custody proceeding concerning the children pending. in a court of this Commonwealth. 13. The Plaintiff does not know of a person or a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested fox reasons including the following: The parties have entered into a Custody Stipulation and Agreement, attached hereto as `Exhibit A', and desire the Stipulation to be made into an Order of Court. 15. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. i~HEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff/Father, as outlined in the Custody Stipulation and Agreement. Respectfully submitted, DaTE D ~~ Kara W. Haggerty Supreme Court ID No. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ABOM&SUTULAKIS, L.L.P. JOHN BENFIELD, JR_, Plaintiff . v. . IN THE COURT OF CONIMON PLEAS CUMBERLANDCOUNTY, PA NO. HEATHER BENFIELD, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOHN BENFIELD, Jx., (hereinafter referred to as "Father's and HEATHEN BENFIELD, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of two (2) children, namely JOHN ANDNEW BENFIELD, III, born September 1, 2005, and KEND,4T .T . MARIE GALE BENFIELD, born August 7, 1999, (hereinafter referred to as "Children'; and WHEREAS, the parties wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in considexation of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Father shaII have sole legal custody of the Children. 2. Father shall have primary physical custody of the Children. 3. Mother shall exercise partial physical custody of the Children at such times as the parties may agree and under such circumstances or conditions as approved by Father. 4. Neither party shall abuse alcohol or use any illegal drugs while exercising custody of the Children. 5. The parties agree to notify the other of any change in living arrangements, to include a change of address or a change of persons living at the residence, immediately upon a change becoming known. 6. Neither parent shall do anything which map estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other parry. Furthermore, neither party shall include the Children in any decision-making regarding custody of the Children. 7. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and pear hereinafter mentioned. WITNESSETH: 7 Jo FIELD, JR. THE FIELD ~~ 3,.d~ -----~` I, Joha Benfield, Jr., verify that the statements made in this Custody Complaint are 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. § 4904 relating to unsworn falsification to authorities. Date (/ Jo eld, Jr. CERTIFICEITE OF SERVICE AND NOW this ~ da of Se tember 2007 I Kara W. Ha Es uire of Abom & Y P ~riy, q , Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in -the United States Mail, First-class mail, postage prepaid addressed to the following: Heather Benfield 146 Big Spring Terrace Newville, PA 17241 ~? cl ~ o ~ , `A, ~ '~' f,, "'CJ 1't'{ f (~.. -1 . - - - ' ~., e ~ "Zf ...,. , ~ -_~ r ~~ Ci'1 ~ Q C ,,.~ ~ .,S `~ ~ c..a .~ ~ ~ .~. ~ ~, -~ ~ ~ cr 0 -~ -d Y, JOHN BENFIELD, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PA v. NO. Q ~ ' ~ ~ ~3 HEATHER BENFIELD, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOHN BENFIELD, Jx., (hereinafter referred to as "Father's and HEATHEK BEIVFIELD, (hereinafter referred to as "Mothex'~. WHEREAS, the parties are the natural parents of two (2) children, namely JOHN ANDKEIW BENFIELD, III, born September 1, 2005, and KENDALL MAKIE GALE BEIVFIELD, born August 7, 1999, (hereinafter referred to as "Children'; and WHEREAS, the parties wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Father shall have sole legal custody of the Children. 2. Father shall have primary physical custody of the Children. 3. Mother shall exercise partial physical custody of the Children at such times as the parties may agree and under such circumstances or conditions as approved by Father. 4. Neither party shall abuse alcohol or use any illegal drugs while exercising custody of the Children. .' 5. The parties agree to notify the other of any change in living arrangements, to include a change of address or a change of persons living at the residence, immediately upon a change becoming known. 6. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's Love and affection for the other party. Furthermore, neither party shall include the Children in any decision-making regarding custody of the Children. 7. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. r.. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: -3r-~7 Date ~~~ Date JO FIELD, JR. 1 THE FIELD '" t__. -- ~ O ~ ...., ,• ~ ~~~ =; ' ~ ~ rn , _ +- j ~' _a .-,, ~ 4= ~= :' ~ C~ J rn ---f .~~ (...~ •..J -G ~ ~ ~ r ., ~~ .~ ~/' JOHN BENFIELD, JR., I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY, PA v. No. (~ 7 - S~ ~-g3 i HEATHER BENFIELD, CIVIL ACTION -LAW Defendant IN CUSTODY AND NOW this 6 ~ . day of ~ e,~~'cw~ W cr , 2pp7, the attached Custody Stipula.ti nand Agreement is hereby made an Order of Court. BY THE COURT: J~ ~r ~^ W. Haggerty, Esquire ~eather Benfield 146 Big Spring Terr Newville, PA 17241 ~-, ~iiv+ is '`~ ~'Fi. i ~ .'"' ~1~"~1~t~. ~~ 'fr i~~ 7~ ~~ ~U~L 1~~1C1~;~~ss~~d ~~~. ~~} ~~F~4~ r,-~f~`!i~