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HomeMy WebLinkAbout08-1166AMY L. RIDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. ?, 1 I to G c t J; l fc rm JOSEPH F. RIDER, . Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, AMY L. RIDER, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE, and respectfully represents as follows: 1. Plaintiff, AMY L. RIDER, is an adult individual, residing 134 Herman Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, JOSEPH F. RIDER, is an adult individual, residing at 3517 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff, AMY L. RIDER, seeks custody of the following child: Name Residence Age Aspen P. Rider 134 Herman Avenue, Lemoyne, PA 2 years 4. The child was born to the marriage of AMY L. RIDER and JOSEPH F. RIDER. 5. The child has resided with the Plaintiff and Defendant at 3511 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania, from birth through September 9, 2007. Thereafter, the Plaintiff and Defendant shared custody of the child until January 18, 2008, when the child began to reside with Plaintiff, AMY L. RIDER, at 134 Herman Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania, 7. The mother of the child, AMY L. RIDER, is currently residing at 134 Herman Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania. She is married. 8. The father of the child, JOSEPH F. RIDER, is currently residing at 3517 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff, AMY L. RIDER, to the child is that of mother. The Plaintiff currently resides with the child. 10. The relationship of Defendant, JOSEPH F. RIDER, to the child is that of father. The Defendant currently resides alone. 11. Plaintiff, AMY L. RIDER, has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is ready, willing and able to provide a stable home environment for the child. 13. Each party 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. 14. That parties have signed a Stipulation requesting that the proposed Order be adopted by this Honorable Court. WHEREFORE, Plaintiff, AMY L. RIDER, requests this Honorable Court to grant her joint legal and primary physical custody of the subject minor child as per the accompanying Stipulation. t- Z?, a8 DATED: Respectfully submitted, ROBERT B. LIEBERMAN, ESQUIRE 500 North 3`d Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff w VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct based upon my personal 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. DATED: l - may,- 6g Amy L. er, Plaintif ?1 C C ?t 1 NO n -Ti _a Q V n S AMY L. RIDER, Plaintiff V. JOSEPH F. RIDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 ?__ 116 G CIVIL TERM : IN CUSTODY STIPULATION The parties in the above-captioned custody action do hereby stipulate and agree that the Court of Common Pleas of Cumberland County, Pennsylvania may enter the Order attached hereto. (21'? ?I AMY CARIDER, Plaintiff JOSEPH F. RIDER, Defendant Date Q• Witness //- r/? - Witness t') ? =?3 c? ~r ? `?` --r? --i C:,? ? ?1 c.? .. .3...,? 3 I _ ??. j ___ rte,? :.; J ,, ?„ -<:. FEB 571008 AMY L. RIDER, Plaintiff V. JOSEPH F. RIDER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. Qom, l? ?o? CIVIL TERM IN CUSTODY ORDER AND NOW, this day of , 2008, the parties, AMY L. RIDER, Plaintiff, through counsel, Robert B. Lieberman, Esquire and JOSEPH F. RIDER, Defendant, having reached an agreement and stipulation with regards to the best interest and welfare of their minor child, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: 1. It is the intention of the parties and the parties agree that they shall have shared legal custody of Aspen P. Rider (DOB 1/21/06). The parties agree that major decisions concerning the child, including, but not 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 interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their 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, ,ti that parry 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 as a parent pursuant to 23 Pa.C.S. 5309. 2. Primary physical custody of the minor child shall be with mother, AMY L. RIDER. 3. Father, JOSEPH F. RIDER, shall have partial custody of the minor child in accordance with the following schedule: (a) Two consecutive weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. to commence on February 15, 2008. (b) The third weekend in the cycle the child shall remain in the custody of mother. (c) Each week on Tuesday and Thursday from 5:30 p.m. to 8:30 p.m. to commence on February 12, 2008. 4. The parties shall alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Father shall exercise his period of partial custody on an alternating basis on each of the listed holidays from 3:00 p.m. to 8:00 p.m. The schedule shall begin with father exercising partial custody on Easter, 2008. 5. Father's period of partial custody on Christmas Day shall be as follows: In all odd numbered years he shall have partial custody of the child from 2:00 p.m. to 7:00 p.m. and in all even numbered years he shall have partial custody of the child from 8:00 a.m. to 2:00 p.m. ,v 6. Father shall have partial custody on Father's Day and Mother shall have custody on Mother's Day. The periods of custody referred to herein shall be from 3:00 p.m. to 8:00 p.m. 7. Beginning in 2008, both parties are entitled to one (1) week of uninterrupted custody during the summer. It is understood that a week is defined as seven (7) days which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with thirty (30) days notice of his/her intention to exercise the extended custody period. The holiday period shall take precedence over the regular custody schedule. 9. Due to the existing Protection from Abuse Order, the transportation with regard to the periods of partial custody shall be as follows: A third parry, on behalf of mother, shall deliver the child to father at the beginning of his period of partial custody and a third party, on behalf of father, shall return the child to mother at the end of his period of partial custody. The child shall be delivered to the other parry at the Camp Hill Giant. 10. During any period of custody or partial custody, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Neither party shall smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 12. Neither party shall relocate from their current address if such relocation shall necessitate a change in the custody schedule as set forth in this Order or if the relocation shall be to a location in excess of fifty (50) miles from the other party's then current address without (a) such parry first giving prior written notice to the other parry not less than sixty (60) days prior to the planned relocation and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either parry may seek modification of the terms of this Order by filing a Petition to Modify Custody with the Prothonotary. 13. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 14. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties when such mutual agreement would be in the best interests of the child. 15. Should either party have the child spend overnight at a place other than their primary residence, the other parry shall be given the address and telephone number where the child is spending the night. 16. The parties shall organize ways for their child to maintain his friendships, extracurricular activities and other special interests, regardless of which household he may be in. It is also suggested that toys, clothing, etc., not become matters of contention. BY COURT: J. Distribution: ?Tor Plaintiff: Robert B. Lieberman, Esquire, 500 N. Third Street, 12th Fl. Harrisburg, PA 17101 For Defendant: Joseph F. Rider, 351' Rolo Court, Mechanicsburg, PA 17055 a/aci /coo S :b 6Z 0 33 8 332