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HomeMy WebLinkAbout04-0721IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA WANDA E. LONG, : Civil Action At Law---Custody Plaintiff, : Case No.~:Lv_~ ,. l VS. : DAVID A. PAXTON, : : Defendant, : COMPLAINT FOR CUSTODY 1. The plaintiff is Wanda E. Long., residing at 3001 Mayfmd Lane, Camp Hill, 17011 ,in the County of Cumberland, Commonwealth o£Pennsylvania, No. 3 Annville, PA 17003 in the Commonwealth of Pennsylvania. 3. Plaintiffseeks custody of the following child: Name Address John D. Paxton same as Mother's 7/18/1992 dob The defendant is David A. Paxton, currently residing at 1577 North State RTE 934 A£e 11 years 4. The child was born outside of wedlock. 5. The child is presently in the custody of the biological mother, Wanda E. Long, who resides at 3001 Mayfred Lane, Camp Hill, 17011, in the County of Cumberland, Commonwealth of Pennsylvania 6. During the last seven years the child has resided with the Mother at 3001 Mayfi'ed Lane, Camp Hill, 17011, in the County of Cumberland, Comtnonwealth of Pennsylvania 7. The biological mother of the child is Wanda E. Long, who currently 3001 Mayfred Lane, Camp Hill, 1701 I, in the County of Cumberland, Commonwealth of Pennsylvania 8. The mother has been separated from the father since 1996, and is currently unmamed to the same. 9~ The father of the child is David A. Paxton and he is currently 1577 North State RTE 934 No. 3, Annville, 17003 in the Commonwealth of Pennsylvania. 10. The father is separated and remains unmarried to the mother. 11. The relationship of the plaintiffto the child is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationshil~ John D. Paxton Son John Long Father Anna Long Mother l 2. The plaintiff has not participated as a party in a proceeding that was commenced in this Commonwealth.. 13. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. 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. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested because: (a) The child currently resides with his mother in the home where she has a sense of stability and predictability mad within which her physical and emotional needs are being fulfilled. (b) The plaintiff mother has been, and continues to be the primary caretaker and caregiver to the child since his birth. (c) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the child has become accustomed that is, and will continue to be in the best interest of the child during her formative years and throughout her life. (d) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle for which, which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Wanda Long, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the child. GREGORY S. HAZLETT,, 20 S_/~fith Market Street M4ehanicsburg, PA. 17055 (717) 790-5500 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 unsworn falsification to authorities AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. BYTHECOURT: Date: WANDA E. LONG PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-721 CIVIL ACTION LAW DAVID A. PAXTON : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 18, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WANDA E. LONG, : Plaintiff, : : No. 04-721 : Civil Action - Custody DAVID A. PAXTON : Defendant, : STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this _7 ¢]/'} , day of ~/Ot"0 ~a/. ] 2004, by and between WANDA E. LONG, (hereinafter referred to as "Mother") and DAVID A. PAXTON (hereinat~er refereed to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, known The name of JOHN D. PAXTON (hereinafter referred to as ("Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Mother, shall have PRIMARy PHYSICAL CUSTODY of the child. 2. The Father shall have SUPERVISED VISITATION as the parties may agree. 3. The parties shall have SHARED LEGAL CUSTODY. 4. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 5. All holidays shall be shared as the parties may agree. 6. The party receiving custody of the child shall provide transportation relative to the custody exchanges. (a) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. iNeither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time at, er consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods; of custody be enforced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. GREGORY S. HAZLETT ATTORNEY AT LAW (717) 790-5500 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 herein set forth. Wanda E. Long x~ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : s.s BE 1T REMEMBERED, that on this ~ day of, Ut ~ __, 2004 personally appeared before me the Subscriber, a Notary Public for the State and C~unty aforesaid, Wanda E. Long, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before mc the day, month and year aforesaid (~N6tary Public ' [- ' 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 herein set forth. D~hs~l A. Paxt~) / COMMONWEALTH OF PENNSYLVANIA : s.s. COUNTY OF : BE IT REMEMBERED, that on this <~ , day of, ~l'i ~ 2004, personally appeared before me the Subscriber, a Notary Public for the State and C~unty aforesa~-d, David A, Paxton party to this Agreement, known to me personally to be such, and he acknowled ed the act of signing this Agreement Sworn to and subscribed before me the day, month and year afor _COMMONwF..ALTH OF PENNSLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WANDA E. LONG, : Plaintiff, : : No. 04-721 V. : : Civil Action - Custody DAVID A. PAXTON : Defendant, : ORDER OF COURI NOW, this ~, day or~,f0~. AND 20 i.'upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Wanda E. Long, (Mother) and David A. Paxton, (father). IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The Mother, shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The Father shall have SUPERVISED VISITATION as the parties may agree. 3. The parties shall have SHARED LEGAL CUSTODY. 4. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 5. All holidays shall be shared as the parties may agree. 6. The party receiving custody of the child shall provide transportation relative to the custody exchanges. (a) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond wh~t is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time aider consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement.