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HomeMy WebLinkAbout07-6973OM ~' LITLILAKIS Kara ~X~. Haggerty, Esquire: Attorney LD. #: 86914 36 South Hanover Street Carlisle, PA 170"13 (71?} 249-0900 JOSHUA S. WAL.LACE, Plaintiff v. STEPHANIE L. KLINE-WALLACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 4 7- L 9 7~ ~ Tt.~--- CNIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Joshua Wallace, who currently resides at 358 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Stephanie Kline-Wallace, who currently resides at 8 South Hanover Street, Apartment 301, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff seeks shared custody of the following child: Name: Caylin Alec Wallace Date of Birth: September 27, 2001 Address: 8 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 4. The child was born in wedlock. 5. The child is presently in the custody of both Plaintiff and Defendant on a shared physical custody basis. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Joshua Wallace and Stephanie Kluge-Wallace Joshua Wallace Address Date 68 East Main Street, Birth -February 25, 2007 Newville, PA 17241 358 McAllister Church February 2007 to present Road, Carlisle, PA 17013 Stephanie Kline-Wallace 8 South Hanover Street, February 2007 to present Apartment 301, Carlisle, PA 17013 7. The mother of the child is Defendant, Stephanie Kline-Wallace, who resides at 8 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 8. Mother of the child, Defendant, Stephanie Kline-Wallace, is currently married but separated from the Plaintiff. 9. The father of the child is Plaintiff, Joshua Wallace, who currently resides at 358 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Plaintiff, Joshua Wallace, is currently married but separated from the Defendant. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The 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 any other court. 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. The Plaintiff does not know of a person or 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: Mother and Father have entered into an agreement regarding the legal and physical custody of the child. (See Custody and Stipulation Agreement, attached hereto as `Exhibit A'). 17. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff respectfully requests This Honorable Court to grant custody pursuant to the agreement of the parties. Respectfully submitted, A.BOM& KUTUI.AKIS, L.L.P. {{ //~~ ~ DATE l I ~ ~ V - ,VV Kara W. Haggerty, ~e l f Supreme Court ID 914 V 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff OM ~' uTULAKIs Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JOSHUA S. WALLACE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA v. :DOCKET NO. STEPHANIE L. KLINE-WALLACE, : CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AG EFMFNT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOSHUA S, i~ALLACE, (hereinafter referred to as "Father' and STEPHANIE L. KLINE- I~ALI..ACE, (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural parents of one child, namely CAYLIN 14 T FC [~ALI~ICE, born September 27, 2001 (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 Q , 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. X5309, each parent shall be entitled to all records .and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents .including, but not limited to: medical records, birth certificates, school or educational 3 attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall enjoy shared physical custody of the Child, on a week on/week off basis with the custody exchanges to occur on Sundays. 3. The parties will share all major holidays by agreement. 4. The parties agree that upon reaching the appropriate age the Child shall be enrolled in the Carlisle School District 5. The parties agree to share the dependency exemption for federal tax purposes, with Mother claiming the child in 2007 and all odd-numbered years and Father claiming the child in 2008 and all even-numbered years. 6. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 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 4 acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, 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 year hereinafter mentioned. WITNESSETH: JOS~IUA WALLACE -- STE HANIE KLINE-WALLACE 5 VERIFICATION PURSUANT TO Pa.RC.P. 1024(c) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: `, 1 ~ 0'1 CERTIFICATE OF SERVICE AND NOW, this ~ q ' da of November 2007 I Kara W. Ha er Es uire of 1~ y gg ty, q Abom & 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: Stephanie Kline-Wallace 8 South Hanover Street Apartment 301 Carlisle, PA 17013 Respectfully submitted, AaoNr& Ku7zrr.~s, L.L.P. Kara W. Haggerty, e Supreme Court ID 8 914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ~~ ~' h r ~ Q ~. .,~, y (_y..a n., ~ ~ ?, C `i t-.. ~ ~. '' `--=~ ,..~, N cm? C'~ J ~+C C] N G7 '7'f "~ ~~ _, .. -,-, ~: 4 OM ~' uTU_LAKIs Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JOSHUA S. WALLACE, IN THE COURT OF COMMON .PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA v :DOCKET NO. U 7 - ~ ~' ~3 ~:~ 7,~.~.•- STEPHANIE L. KLINE-WALLACE, : CNIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION N A RFFMFNT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOSHUA S. ~ALLACE, (hereinafter referred to as "Father' and STEPHANIE L. SLINE- L~ALLACE, (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural parents of one child, namely CAYLIN AT FC I~ALLACE, born September 27, 2001 (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. X5309, each parent shall be entitled to all records .and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents ,including, but not limited to: medical records, birth certificates, school or educational 3 attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall enjoy shared physical custody of the Child, on a week on/week off basis with the custody exchanges to occur on Sundays. 3. The parties will share all major holidays by agreement. 4. The parties agree that upon reaching the appropriate age the Child shall be enrolled in the Carlisle School District. 5. The parties agree to share the dependency exemption for federal tax purposes, with Mother claiming the child in 2007 and all odd-numbered years and Father claiming the child in 2008 and all even-numbered years. 6. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 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 4 acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, 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 year hereinafter mentioned. WITNESSETH: JOSy~IUA WALLACE ~ _ STE HANIE KI-IIVE-WALLACE 5 C7 ~7 ~J 3 y~ ""~ ~ -~ /"" ._Y ~ ~J ~ ~ ~t s....J ~. ..- ~~ ~ .~ .,~C o Gov 2 $ ~oo~ JOSHUA S. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v :DOCKET NO. d 7_ ~~ 7~ STEPHANIE L. KLINE-WALLACE, : CIVIL ACTION -LAW Defendant IN CUSTODY AND NOW this ~ day of , 2007, the attached Custod Y Stipulation and Agreement is hereby made an Order of Court. ara W. Haggerty, Es uire, For the Plain g tephanie L. Kline-Wallace, Pro Se Defe~~~u„b 8 South Hanover Street, Apt. 3 Carlisle, PA 17013 ~ ~~. E.t~ CW ' ~ ~,:.3 c a - r ~~: ~~ ~a.- ~~ ~ ...I -- "'7- ~ - ~ =~_ C\,t ; ; ~ ' ~ r..,. a. N CJ JOSHUA S. WALLACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~' v. :CIVIL ACTION -LAW ~ ~ %.~ _~~ :.t rn ~ ~ ;-~~. nr STEPHANIE L. KLINE-WALLACE, : NO. 07-6973 CIVIL TERM c ter-, Defendant : IN CUSTODY ~~ ~ ~~ ~. -~ ~ ~~ ~~ ~ ~_~; ~ ~ ~ {~~ ~~ .a: PETITION TO MODIFY CUSTODY ,r; --~ ~ :tr ;- AND NOW comes Stephanie L. Kline-Wallace by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Edgar B. Bayley was previously assigned to the within matter. 2. The Petitioner is Stephanie L. Kline-Wallace, (hereinafter "Mother"), who is an adult individual residing 4 Buchannon Drive, Apt 308, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Respondent is Joshua S. Wallace, (hereinafter "Father"), who is an adult individual residing at an 8 Kensington Court, Carlisle, Pennsylvania, 17013. 4. The parties are the natural parents of Caylin Alec Wallace, born September 27, 2001. 5. An Order was entered in this matter on November 8, 2007 (attached as "Exhibit A"). 6. Current circumstances necessitate a change in the custodial arrangement. 7. Mother requests a modified order to be entered as agreed upon between the parties or otherwise determined by the Court. wl~ ~ g3_ ~`' ~d ~'`1 aG~~ ~ 3 c~L ~~ ~~a$3 WHEREFORE, Defendant request entry of the attached order. Date: ~~~~~ Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. 1 l~Z~s-~ ~z- Date Step ie Kline-Wallace o ~ ~, NOv 2 82oa~ JOSHUA S. WALLACE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA v. :DOCKET NO. a 7_ (p9 7~ STEPHANIE L. KLINE-WALI.ACE, : CIViL ACTION -LAW Defendant IN CUSTODY AND NOW this , ~!~' _ day of 2407, the attached Custody Stipulation and Agreement is hereby made an Order of Court. ~7Kara W. Haggerty, Esquire, For the Plainn~ ~hanie L. Kline-Wallace, Pm Se Defendant 8 South Hanover Street, Apt 3 - " Carlisle, PA 17013 ~~ ,~ r ~ _ ,:;t ~,, .~., ~. ~~ ~yz ~.. ~ , .~ j~ xt,i ,a ~ ' '' rn '~ .z. z~ t2. d Q ct, U ~~~~~~M ~' ~~.ITLII.AKIS Kara W. Hagerty, Esquire Attorney LD. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JOSHUA S. WALLACE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA v. :DOCKET NO. U 7 - ~ 4 73 Ccu<:1 ~-4--- STEPHANIE L. KLINE-WALLACE, : CIVIL ACTION -LAW Defendant IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOSHI7A S. WALI.ACF (hereinafter refen-ed to as "Father's and STEPHANIE .~ SI.I11rE-t~AI.I.ACF (hereinafter referred to as "Mother'. WHEREAS, the parties are the natural pazents of one child, namely CAYLIIV AZEC I~'ALI.ACE, born September 27, 2001 (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 1. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the teens of Pa.C.S. §5309, each parent shall be entitled to all records .and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address o£ the Child and the other parent To the extent one parent has possession of any such records or information, that pazent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent Both parents shall be entitled to full participation in all educational and medicalJtreamzent planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to frill and complete information from any physician, dentist, teacher or authority and copies of any reports given to there as parents ,including, but not limited to: medical records, birth certificates, school or educational 3 attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall enjoy shared physical custody of the Child, on a week on/week off basis with the custody exchanges to occur on Sundays. 3. The parties will share all major holidays by agreement 4. 1"he parties agree that upon reaching the appropriate age the Child shall be enrolled in the Carlisle School District 5. The parties agree to share the dependency exemption for federal tax purposes, with Mother claiming the child in 2007 and all odd-numbered years and Father claiming the child in 2008 and all even-numbered years. 6. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement on a pPrrnanent 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 4 acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, 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 temps hereof, set forth thew hands-and seals the day and pear hereinafter mentioned. WITNESSETH: A'C~ALLACE ~~ ~tv~ ffi.nvE-w~.r.~c~ 5 4 Z, ~, ~ ," ~° ~T~ O z ~ cry ~: -~ 3 -5;=~ ~ T D ri ^C~' 4r L_",. ~~y ~ ~J y , JOSHUA S. WALLACE, Plaintiff v. STEPHANIE L. KLINE-WALLACE, Defendant :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-6973 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Joshua S. Wallace 8 Kensington Court Carlisle, PA 17013 ~ l,Z ~" 1~ Mark F. Bayley, Esquire