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HomeMy WebLinkAbout03-6350MICHAEL R. GREENE, Plaintiff VS. BELEMA DIKIBO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: C93 {~'D : : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 {717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas an las paginas siguientcs, debe romar accion dento de veinte (20} dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar compar¢cencia esrita en persona o por abo§ado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion pot cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMADA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 MICHAEL R. GREENE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : : NUMBER: ~.-~ -~3~ BELEMA DIKIBO, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, MICHAEL R. GREENE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is MICHAEL R. GREENE, who currently resides at 2914 Croyden Road, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is BELEMA DIKIBO, who currently resides at 42 Altoona Drive, Enola, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to MYJAH REBECCA GREENE, born January 22, 2000. The child was born out of wedlock. The child is presently in the custody of Defendant, BELEMA DIKIBO. Since birth the child has resided with the following persons and at the following addresses: From birth until December, 2001, with both parents in Harrisburg, Pennsylvania; from December, 2001, until October, 2002, with Defendant at 3300 Union Deposit Road, Harrisburg, Pennsylvania; from October, 2002, until the present with Defendant at 42 Altoona Drive, Enola, County of Cumberland, Pennsylvania. The mother of the child is BELEMA DIKIBO, who currently resides at 42 Altoona Drive, Enola, Pennsylvania. She is not married. The father of the child is MICHAEL R. GREENE, who currently resides at 2914 Croyden Road, Harrisburg, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his sister, Queen Ray; her husband, Anthony Ray; and their children, Tristan, age 14, and Christian, age 5. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child and with her brother, Michael Wagner, Jr. 6. 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent we/fare of the child will be served by confirming rights of shared physical legal custody in Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor child. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of shared physical legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff MICHAEL R. GREENE, Plaintiff VS. BELEMA DIKIBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: IN CUSTODY MOTION NOW COMES the Plaintiff, MICHAEL R. GREENE, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is MICHAEL R. GREENE, an adult individual currently residing at 2914 Croyden Road, Harrisburg, County of Dauphin, Pennsylvania. 2. That Defendant is BELEMA DIKIBO, an adult individual currently residing at 42 Altoona Drive, Enola, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of one minor child, MYJAH REBECCA GREENE, born January 22, 2000. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor child, and the said Stipulation is attached hereto. 5. That the parties desire that said Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MICHAEL R. GREENE MICHAEL R. GREENE, Plaintiff VS. BELEMA DIKIBO, Defendant AND NOW, this __ day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 0~- (°~'0 IN CUSTODY ORDER ,2003, upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Ordered as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor child, MYJAH REBECCA GREENE, born January 22, 2000. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's right to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party nor to permit any third person to attempt to so alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother, BELEMA O. DIKIBO, shall have primary physical custody of the subject minor child and agrees to be fully and solely responsible for all health insurance benefits with respect to said child. 3. Father, MICHAEL R. GREENE, shall have temporary physical custody of the subject minor child every other weekend from Friday evening at 5:00 P.M. until Sunday Evening at 5:00 P.M. 4. Mother shall have the minor child from Christmas Eve at noon until Christmas Day at noon. Father shall have the minor child from Christmas Day at noon until December 26 at noon. 5. Father shall have the minor child on Thanksgiving Day from noon until the Friday after Thanksgiving at noon. 6. Mother shall have the minor child on her birthday from noon until 5:00 P.M. Father shall have the child from 5:00 P.M. until the next morning. 7. Both parents are entitled to seven (7) consecutive days vacation with said minor child. The party requesting the vacation time with said minor child must provide the other party with at least thirty (30) days' notice. 8. Father shall be entitled to further periods of temporary physical custody with the subject minor child as the parties shall from time to time agree. BY THE COURT: MICHAEL R. GREENE, Plaintiff BELEMA DIKIBO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: : : IN CUSTODY STIPULATION AGREEMENT, made this __ day of ,2003, byand between MICHAEL R. GREENE, hereinafter referred to as "Father;" and BELEMA DIKIBO, hereinafter referred to as "Mother;" WITNE~SETH: WHEREAS, the parties hereto are the natural parents of one minor child, MYJAH REBECCA GREENE, born January 22, 2000; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor child, MYJAH REBECCA GREENE, born January 22, 2000. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's right to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party nor to permit any third person to attempt to so alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother, BELEMA O. DIKIBO, shall have primary physical custody of the subject minor child and agrees to be fully and solely responsible for all health insurance benefits with respect to said child. 3. Father, MICHAEL R. GREENE, shall have temporary physical custody of the subject minor child every other weekend from Friday evening at 5:00 P.M, until Sunday Evening at 5:00 P.M. 4. Mother shall have the minor child from Christmas Eve at noon until Christmas Day at noon. Father shall have the minor child from Christmas Day at noon until December 26 at noon. 5. Father shall have the minor child on Thanksgiving Day from noon until the Friday after Thanksgiving at noon. 6. Mother shall have the minor child on her birthday from noon until 5:00 P.M. Father shall have the child from 5:00 P.M. until the next morning. 7. Both parents are entitled to seven (7) consecutive days vacation with said minor child. The party requesting the vacation time with said minor child must provide the other party with at least thirty (30) days' notice. 8. Father shall be entitled to further periods of temporary physical custody with the subject minor child as the parties shall from time to time agree. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS WITNESS BELEMA DIKIBO MICHAEL R. GREENE, Plaintiff VS. BELEMA DIKIBO, Defendant AND NOW, this ri' day of : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NUMBER: 0~' (~ ~'0 IN CUSTODY ORDER ,2003, upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Ordered as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor child, MYJAH REBECCA GREENE, born January 22, 2000. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's right to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party nor to permit any third person to attempt to so alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother, BELEMA O. DIKIBO, shall have primary physical custody of the subject minor child and agrees to be fully and solely responsible for all health insurance benefits with respect to said child. 3. Father, MICHAEL R. GREENE, shall have temporary physical custody of the subject minor child every other weekend from Friday evening at 5:00 P.M. until Sunday l~vening at 5:00 P.M. 4. Mother shall have the minor child from Christmas Eve at noon until Christmas Day at noon. Father shall have the minor child from Christmas Day at noon until December 26 at noon. 5. P'ather shall have the minor child on Thanksgiving Day from noon until the Friday after Thanksgiving at noon. 6. Mother shall have the minor child on her birthday from noon until 5:00 P.M. Father shall have the child from 5:00 P.M. until the next morning. 7. Both parents are entitled to seven (7) consecutive days vacation with said minor child. The party requesting the vacation time with said minor child must provide the other party with at least thirty (30) days' notice. 8. Father shall be entitled to further periods of temporary physical custody with the subject minor child as the parties shall from time to time agree. BY THE COURT: TAMMY M. SHERMAN, Plaintiff DAVID S. SHERMAN Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : :NO. 03-6530 - CIVIL TERM LAW : IN CUSTODY ORDER AND NOW, this ~ ~ day of f~"fi "*'*~7 ,2004, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered and directed as follows: Plaintiff, Tarnmy Sherman, hereinafter referenced as Mother, and Defendant, David Sherman, hereinafter referred to as Father, hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Alycia Sherman, born April 23, 1991, hereinafter referenced as Child: 1. Shared legal custody of Child as contemplated by the Act of November 5, 1984, P.S. §1001, et seq., is awarded to Mother and Father. 2. Primary physical custody of the Child is awarded to Mother subject to visitation by Father at such times as the parties from time to time agree. 3. The Conciliation scheduled for January 15, 2004 is hereby cancelled. BY THECOURT: Z~ :~ 14d g- H3J hOOZ Ab~IONOHIO~H 3Hi