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Home My WebLink About08-1666 DAVID KERR Plaintiff, V. BOBBI JO KOCH Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 08- MAP CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, David Kerrr, by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, David Kerr, is an adult individual residing at 30 Back Street, PO Box 95, Plainfield, PA 17081. 2. The Defendant, Bobbi Jo Koch, is an adult individual residing at 13 Fairfield Street, Newville, PA 17241 3. Plaintiff seeks custody of the following children: Name Present Residence Age D/O/B Morganne Kerr 30 Back Street, PO Box 95, Plainfield, PA 9 10-12-1999 4. The child was born out of wedlock 5. The child is presently in the custody of David Kerr, who is residing at 30 Back Street, PO Box 95, Plainfield, PA. 6. Over the past five years, the child has resided with: Name Relationship Address Dates Father and Mother 30 Back Street, Plainfield, PA birth-late 2007 Father 30 back Street, Plainfield, PA late 2007-present Mother 13 Fairfield Street, Newville, PA late 2007-present 7. The mother of the child is Bobbi Jo Koch, residing at 13 Fairfield St., Newville, PA 17241. She is not married. 8. The father of the child is David Kerr, residing at 30 Back Street PO Box 95, Plainfield, PA 17081 He is not married. 9. The relationship of the Plaintiff to the children is that of natural father. The child is currently in the custody of the Plaintiff. The Plaintiff currently resides with: Name Relationship Morganne Kerr Child 10. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with: Name Relationship Morganne Kerr Child Joshua E. Koch Child 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interests and permanent welfare of the child require a custody order to be entered as agreed upon by the parties or otherwise deemed appropriate by the Court. WHEREFORE, Plaintiff requests this Honorable Court to grant the Plaintiff primary physical custody of the subject Child subject to Mother's partial physical custody. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I, Mark F. Bayley, hereby verify that the facts contained within this complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ?_P Mark F. Bayley, Esq. DAVID KERR : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BOBBI JO KOCH : NO. 08- CIVIL TERM Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Mark Bayley, do hereby certify that on this 13th day of March, 2008 I caused a true and correct copy of the foregoing documents on behalf of the Plaintiff, to be served upon the following persons by US mail: David Kerr 30 Back Street, PO Box 95, Plainfield, PA Bobbi Jo Koch, 13 Fairfield Street, Newville, PA 17241 Mark F. Bayley, Esq. n _ O - m 00 --7; 00 ? 1 w r? .. r ` _-? c 3 DAVID KERR : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term BOBBI JO KOCH Defendant : ACTION IN CUSTODY STIPULATED CUSTODY AGREEMENT Z) AND NOW, this S day of Fe r- , 200 the parties to this proceeding, David Kerr and Bobbi Jo Koch, agree to resolve a issue of child custody of their Child, Morganne Kerr, upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is David Kerr, (hereinafter "Father"), who resides at 30 Back Street, PO Box 95, Plainfield, PA 17081. 2. Defendant is Bobbi Jo Koch, (hereinafter "Mother"), who resides at 13 Fairfield Street, Newville, PA 17241. 3. The Child that is the subject of this proceeding is Morganne Kerr, born 10/12/99. 4. The parties seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of Court and they agree upon the following terms: 5. Legal Custody: The Father, David Kerr, and the Mother, Bobbi Jo Koch, shall enjoy shared legal custody of the minor child, Morganne Kerr, born 10/12/99. The parties 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 his health, education and religion. Pursuant to the terms of 23 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 of the Child and of 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. 6. Physical Custody: The Father shall have primary physical custody of Morganne Kerr subject to Mother's partial physical custody pursuant to the following schedule. a. Commencing January 28, 2008, Mother shall have physical custody of Morganne Kerr every Monday evening until Tuesday morning and every Wednesday evening to Thursday morning and alternating Friday evenings with times to be mutually agreed upon. Pick up/drop off locations shall be mutually agreed upon. b. The parties may mutually agree to alter/expand this schedule as necessary or desired. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. The parties are directed to utilize appropriate child restraints when transporting Morganne Kerr. 10. The parties are directed to notify one another of any change in address or phone number as soon as practicable. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 12. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. No person transporting Morganne shall consume alcoholic beverages prior to transporting Morganne. No person transporting Morganne shall be under the influence of any alcoholic beverages while transporting Morganne. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. All major holidays shall be alternated and arranged pursuant to the attached Holiday schedule. Morganne's birthday shall be arranged as mutually agreed upon. 14. Each parent shall have two weeks of vacation with Morganne per year. The vacation periods shall not be consecutive for more than seven days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 15. Relocation: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 16. Morganne shall remain in the Big Spring School District, specifically Newville Elementary, unless otherwise mutually agreed upon. 17. This agreement is binding and enforceable when signed by David Kerr and Bobbi Jo Koch. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. Wherefore, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Date f 7 Y Date *q o pecQtfully submitted, C/ Q pobbiDaid Ke Jo Koc HOLIDAYS AND SPECIAL DAYS Easter Da Memorial Labor Day Halloween Thanksgiving 1 S` Half Thanksgiving 2n half Christmas Block A Christmas Block B New Year's Mother's Da Father's Day TEMES EVEN ODD YEARS YEARS From 9 am until 6 m Mother Mother From 9 am until 6 m Mother Mother From 9 am until Mother Mother Epm From -9 am until E Mother Mother From one hour before trick or Mother Mother treating to one hour after trick or treatin From 8 am Thanksgiving Day to 3 Father Father m an Thanksgiving Da From 3 pm on Thanksgiving Day to Mother Mother noon the day after Thanksgiving Da From noon 6 pm until 9 pm on 12/24 Mother Father and from 5 m until 9 m on 12/25 From 9 pm on 12/24 until 5 pm on Father Mother 12/25 From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination From 9 am until 9 m Mother Mother From 9 am until 9 m Father Father C7 rv O co T? ?.....? .. J.i l-i co p ?' C> ? •? (?7l r r ,... CV MAR 14 2008 IN THE COURT OF COMMON PLEAS DAVID KERB . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 0?- 1 c olo No. Civil Term BOBBI JO KOCH . Defendant : ACTION IN CUSTODY ORDER AND NOW, this day of K ox, \ , 200' upon consideration of the joint Stipulated Custody Agreement executed by the parties to this proceeding, the Court hereby incorporates the terms of the Stipulated Custody Agreement by reference into this Order of Court. BY THE COURT, J. `David Kerr Plaintiff / /Bobbi Jo Koch Defendant I?C CPry ,,.St 8 : d L 1 8VW OQOZ