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HomeMy WebLinkAbout03-6147KIM BAIM and RAY BALM, Plaintiffs AMANDA C. ANDRUS and ALBERT J. RIVERA Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 3 4, I '/? CIVIL TERM : CIVIL ACTION - LAW PETITION TO CONFIRM CUSTODY 1. Petitioners are Kim Bairn and Ray Baim, who currently reside at 815 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendants are Amanda C. Andrus and Albert J. Rivera; Amanda C. Andros resides at 815 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055; Albert J. Rivera resides at 103 Elicker Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks to confirm custody of the following child: NAME DOB ADDRESS Cassius Andrus 11/22/03 815 W. Trindle Road Carlisle, Pa. 17013 The child was bom out of wedlock. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Ray and Kim Bairn 815 W. Tdndle Road birth - presem Amanda C. Andros Mechanicsburg, Pa. 17055 The mother of the child is: Amanda C. Andros, currently living at 815 W. Trindle Road, Mechanicsburg, Pa. 17055. She is married; her date of birth is May 9, 1988 and she is 15 years old. The father of the children is: Albert J. Rivera, currently residing at: 100C Elicker Road, Carlisle, Pa. 17013. He is married; he is 19 years old. 4. The relationship of Petitioners to the child is that of Maternal Grandparents. The persons that the Petitioners currently live with are Natural Mother and the child. 5. The relationship of defendants to the children are that of Natural Mother and Natural Father. The persons that the Natural Father currently resides with is are unknown. 6. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Matemai Grandparents can provide a stable and lovine home and can provide for the child's needs. 8. 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, Plaintiffrequests the court to confirm custody of the child and enter the parties' agreement as an Order of Court. Date: Respectfully submitted, ~t~ Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONERS KIM AND RAY BAlM VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Ray Bai~n~ KIM BAIM and RAY BAIM, Plaintiffs V. AMANDA C. ANDRUS and ALBERT J. RIVERA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~o - b [ qt'] CIVIL TERM CIVIL ACTION - LAW STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ,~t~ day of ~ , 2003, by and between KIM BAIM and RAY BAIM, (hereinafter referred to as "Maternal Grandparents"), and AMANDA C. ANDRUS and ALBERT J. RIVERA, (hereinafter referred to as Natural Mother and "Natural Father"); WITNESSETH: WHEREAS, Amanda C. Andros is the nat~,al mo~er and Alb rt J. R'vera is the natural father of Cashus Andrus, (hereinafter referred to as child ), born ~li !~ _ WHEREAS, NATURAL MOTHER AND FATHER and MATERNAL GRANDPARENTS have reached an agreement relative to the future care, custody, and visitation of the child, the terms of which agreement both parties desire to set forth in the present Custody Agreement, and; NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. ~ Maternal grandparents currently have and shall continue to have primary physical custody of the child. Natural Mother and Natural Father are in agreement that the child shall continue to reside with Maternal Grandparents and remain in their custody. Natural Mother shall have liberal periods of partial custody with the child. Natural Father shall have supervised periods of visitation with the child as mutually agreed by the parties. 2. ~ Legal custody means the right to control and make decisions of importance in the life of their child, including educational, medical, and religious decisions. .Maternal Grandparents shall have legal custody and shall be empowered to make decisions of ~mportance in the life of the child. Maternal Grandparents shall ;be entitled and authorized to obtain equal access to the child's school, medical, dental, and any other important records. 9..Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: C. Andrus, Natura~ Mother. Date: ~.~.~ ' :~- O 3 Witness Date: lxlm~ lternal Grandmo~ler -- Witness Date: KIM BAIM and RAY BALM, Plaintiffs AMANDA C. ANDRUS and ALBERT J. RIVERA Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 6147 CIVIL TERM : CIVIL ACTION - LAW CUSTODY ACCEPTANCE OF SERVICE I, Amanda C. Andrus, a Defendant in the above-captioned matter, hereby accepted service of the Custody Complaint in the above-captioned matter on or about i ~ - ~xC~ -- 0 ~ I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date: Amanda c7 Andrus, Defendant'- KIM BAlM and RAY BAIM, Plaintiffs AMANDA C. ANDRUS and ALBERT J. RIVERA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6147 CWIL TERM CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE AND NOW, this December 1, 2003, I, Jane Adams, Esquire, hereby certify that on or about November 28, 2003, a certified true copy of the CUSTODY PETITION was served, via certified mail, return receipt requested, addressed to: Albert Rivera 100C Elicker Road Carlisle, Pa. 17013 DEFENDANT Respectfiflly Submitted: //J~e Adam~, Esquire L/.D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS KIM AND RAY BAIM · Complete items 1, 2, and 3. Also complete · item 4 if Res~rieted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maltpiece, or off`the front if space permits. Signature I-1 Agent ~ of Delivery is delivery address d ~ferent from item 1 ? I'[Yes If YES, enter delivery address betow: [~] No ~ 3. Service Type ~ ~ail I-~ Expmss Mall r~ ~' t'q Return Receipt for Merchandise ~~i~ n C.O.D. ~ ~ 4. Restrlctecl Detiver~d~ (Extra Fee.) t--i Yes --i 2. A rtlcleNumber 7003 1010 00LH4 7818 6374 102595-02-M-1540 ...... , Domestic Return Receipt PS Form 3811:, August 2001 '~'.~ s~^~.s POsT^L · Sender: Please ad :lress, ~¢~d; Mail KIM BAIM and RAY BAIM, Plaintiffs AMANDA C. ANDRUS and ALBERT J. RIVERA Defendants : IN THE COURT OF COMMON PLEAS I)x~('. tt 4 2003 : CUMBERLAND COUNTY, PENNSYLVANIA~0 ~ : : NO. 03 - 6147 CIVIL TERM . : : CIVIL ACTION - LAW : CUSTODY ORDER AND NOW, this 6~' day of ~ ,2003, having reviewed the attached agreemem between the parties dated December 3, 2003, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court.