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HomeMy WebLinkAbout03-5238ELUAH E. VALENCIA, Plaintiff VS. CHRISTINA L. FOLCKEMER, Defendant : THE COLTRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : CIVIL ACTION - AT LAW : CUSTODY CONIPLA1NT 1N CIISTOD¥ AND NOW, the Plaintiff, Elijah E. Valenica~ pro se, makes the following Complaint in Custody: 1. at 625 Cumberland Point Circle, Mechanicsburg, Pennsylvania, 17055. 3. The Plaintiff seeks partial custody of the following child: ]hTarr~ Present Residence Austin Jordan Daniel Valencia 625 Cumberland Point Circle Mechanicsburg, PA 17055 The Plaintiff, Elijah E. Valencia, is an adult individual who currently resides at 314 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Defendant, Christina L. Folckemer, is an adult individual who currently resides Cumberland County, Age 5 years DOB 9/25/1998 The child is presently in the custody of his mother, Defendant, who resides at 625 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. For the past five (5) years, the child has resided with the following persons and at the following addresses: Christina L. Folckemer Beverly Folckemer (Defendant's mother) Jason Folckemer (Defendant's brother) Brookelyn Boxton (Defendant's daughter) Christina L. Folckemer Beverly Folckemer (Defendant's mother) Jason Folckemer (Defendant's brother) Brookelyn Boxton (Defendant's daughter) Addres~ ~ 625 Cumberland Point Circle 9/3/03 Mechanicsburg, PA 17055 to present Various residences in Mechanicsburg, PA birth to 9/3/03 The natural father of the child is Plaintiff, Elijah E. Valencia, currently residing at 314 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. The natural mother of the child is Defendant, Christina L. Folckemer, currently residing at 625 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff and Defendant have never been married to each other and the child was bom out of wedlock. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Plaintiff's girlfriend, Dawn Little, as well as Dawn Little's daughter and parents. The relationship of Defendant to the child is that of natural mother. Mother currently resides with the following persons: the subject child and Defendant's mother, brother and daughter. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff is willing to negotiate a reasonable partial custody schedule. 8. Each parent whose parental fights 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting him partial physical and shared legal custody of his son. Dated: Respectfully submitted, 314 East Main Street Mechanicsburg, PA 17055 Phone: (717) 791-3963 ELIJAH E. VALENCIA, Plaintiff VS. CHRISTINA L. FOLCKEMER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW CUSTODY VERIFICATION I, Elijah E. Valencia, hereby verify that the statemems made in the foregoing Complaint in Custody are tree and correct to the best of my knowledge, information, and belief. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: Elijah ~aiencia ELIJAH E. VALENCIA, Plaintiff VS. CHRISTINA L. FOLCKEMER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5'2.37 Cfi~ ~Tz,~ CIVIL ACTION - AT LAW CUSTODY PETITION TO ENTER STIPlII,ATION A~ ORFIER (iF COI}'R'i' AND NOW, come the parties, Elijah E. Valencia and Christina L. Folckemer, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Elijah E. Valencia (the Father hereinafter) and Christina L. Folckemer (the Mother hereinafter), have born to them one child, namely Austin Jordan Daniel Valencia, born September 25, 1998 (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement ~relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Phy~ieul C,,~tad], The Mother shall have primary physical custody of the child. The Father shall have partial custody of the child every weekend beginning fi.om Friday at 5:00 p.m. until Sunday at 7:30 p.m. The Father may exercise additional periods of partial custody with the child at such other times as the parties may mutually agree. 2. l,e_~s~l C,,~tn&y The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. Each parent shall consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. M~nr 14nllrl~ys The parties shall alternate the following holidays: Easter Sunday (from 9:00 a.m. until 5:00 p.m.), Independence Day (from 9:00 a.m. until 5:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 5:00 p.m.), Christmas Eve (from December 24th at 12:00 p.m. through Christmas Day at 12:00 p.m.), Christmas Day (from December 25t~ at 12:00 p.m. until December 26th at 12:00 p.m.); whereby Mother shall have the first holiday following the signing of this agreement, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. e Mather'~ Day/i~ather'~ l'~y Mother's Day shall be with Mother, Father's Day shall be with Father. This custody shall be from 9:00 a.m. until 5:00 p.m. Child'~ l~irthday The parties shall share the child's birthday in as equal a manner as possible. 6. Mather and l~'ather'n l~irthdays Mother shall have the child on Mother's birthday and Father shall have the child on Father's birthday. This custody shall be from 9:00 a.m. until 5:00 p.m. unless otherwise agreed upon by the parties. 7. Xxanagmxlaiti~ Father shall be solely responsible for transportation until such time as mother is in a position to share with the transportation .arrangements. 8. Alcohol and l~re~ During any period of custody or partial custody the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Addresa and Phone Nnrahera of Partie,~ Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 10. Natioe of Whereahantn/lllnee.r_ Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other par~y. If either party has knowledge of illness or accident or other serious circumstance affecl;ing the welfare of the child, he or she shall promptly notify the other party of said circanastances. 11. Tela_nhane Contact with Chil~! Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody or partial custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 12. l~i~_n.r.~ng R~mark~ Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 13. Modifie.tion Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties, imending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. Elijah. Valencia Date/ / Christina L. Folckemer Date/ OCi' 0 7 ~003 ~ 0 ~ ELIJAH E. VALENCIA, Plaintiff VS. CHRISTINA L. FOLCKEMER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0 3- 523~ . : CIVIL ACTION - AT LAW : CUSTODY AND NOW, this _~ day of-~-~, 2003, upon consideration of the within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. BY THE COURT: xo.oq SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTTGAGE CORPORATION VS MILLER JOSEPH A ET AL R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDA/qT MILLER MARIBEL but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On January 6th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 01/06/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ ~ day of 2~/ A.D. this office was in receipt of the So answers R. Thomas Klin~ Sheriff of cumberland County The Court o£ Common Pleas of Cumberland County, Pennsylvania ~ac Mortgaqe Corporation VS. Joseph A. Miller et al 0~-5238 civil SERVE: Maribel Miller No. Now, r~ocomtxor 12, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within upon at by handing to and made lmown to Affidavit' of Service ,20 ,at o'clock copy of the original So aI1swers ~ M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT Count, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwea~h of Pennsy~ania : GMAC MORTGAGE CORPORATION VS County of Dauphin : MILLER MARIBEL Sheriff's Return No. 3249-T - -2003 OTHER COUNTY NO. 02 5238 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MILLER MARIBEL the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, December 30, 2003 NEED BETTER ADDRESS, AS PER SANTOS OSORIO (CURRENT RESIDENT Sworn and subscribed to before me this 30TH day of DECEMBER, PROTHONOTARY 2003 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 12/18/2003 RCPT NO 185992