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HomeMy WebLinkAbout04-0698MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 1701l Telephone No. (717) 909-4060 Attorneys for Plaintiff LISA D. SOKOLOFF, Plaintiff STEVEN R. BALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O4- CWIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffis LISA D. SOKOLOFF, residing at 3905 Lynn Avenue, Reading, Berks County, Pennsylvania. 2. Defendant is STEVEN R. BALLINGER, residing at 60 Tory Circle, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Elizabeth Ballinger Gregory Ballinger Present Address 60 Tory Circle Enola, PA 60 Tory Circle Enola, PA Date of Birth December 2, 1989 May 12, 1991 4. The children were not bom out of wedlock. The children are presently in the custody of Defendant who resides at 60 Tory Circle, Enola, Pennsylvania. the following address(es): Name Steven Ballinger During the past five (5) years, the children have resided with the following persons at Address Dates 60 Tory Circle 1999 to present Enola, PA The mother of the children is currently residing at 3905 Lynn Avenue, Reading, Pennsylvania. She is married. He is single. 8. with the following persons: Name Joel Sokoloff The father of the children is currently residing at 60 Tory Circle, Enola, Pennsylvania. The relationship of Plaintiffto the children is that of Mother. Plaintiffcurrently resides Husband Relationship 9. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Elizabeth Ballinger Gregory Ballinger Name Relationship Daughter Son 10. Plaintiff has participated as a party in other litigation concerning the custody of the children, specifically, a custody action involving these same parties, docketed to number 3529 S 1995, in Dauphin County, Pennsylvania. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the Dauphin County action referenced hereinabove. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffrequests the Court to grant her primary physical custody of the children. Date: February 13, 2004 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, LISA D. SOKOLOFF, hereby verify and state that the facts set forth in the foregoing document are tree and correct to the best of my information, kmowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. LISA D. SOKOLOFF PLAINTIFF STEVEN R. BALLINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-698 CIVIL ACTION LAW : : 1N CUSTODY .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 before Melissa p. Gree ,Es~, the conciliator at 301 Market Street, Lemon,ne, PA 17043 on Tuesday, March 30, 2004 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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: Is/ --_Melissa P Gree~2y.o~acb Custody Conciliator The Cottrt of Common Pleas of Cumberland County is required by aw to comply with the Americans with Disabilites Act of 1990. For nformation 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 betbre the court. You must attend the scheduled conference or heating. 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 \\Ntsb\family law\Client D rectory\Sokoloff-L\pleadings~Affidavit of Acc.eptance of.Service.wpd March 1 I, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff LISA D. SOKOLOFF, Plaintiff STEVEN R. BALLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-698 : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Timothy J. O'Connell, Esquire, do hereby accept service of a true and correct copy of the Complaint for Custody directed to my client, STEVEN R. BALLINGER, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Tinlthy J. O'Connell, Esqaire I:\Client Directop/\Sokolof,f-L\pleadings~Sfipu ation for Custody.wpd March 26, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomeys for Plaintiff LISA D. SOKOLOFF, Plaintiff STEVEN R. BALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-698 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, to wit, this day of ,2004, the parties, having the best interest of their minor children, Elizabeth Ballinger, bom December 2, 1989, and Gregory Ballinger, born May 12, 1991, in mind, do hereby agree and stipulate as follows: 1. The parties agree to share legal custody of their nfinor children, Elizabeth and Gregory Ballinger. All decisions effecting the children's growth and development including, but not limited to: medical and dental treatment; psycho-therapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as a beneficiary, other than custody litigation; education, both secular and religions; choice of camp, if any; athletic pursuits and extracurricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view towards obtaining and following a harmonious policy in the children's best interest. l:\Client Directo.ry\Sokolof/-L\pleadings\Stipulation for Custody.wpd March 26, 2004 2. Until July 1, 2004, Father shall have primary physical custody of the minor children. Mother shall have rights of partial custody as follows: a. Alternate weekends beginning Friday at 6:00 p.m. until Sunday at 8:00 p.m. Ifa school holiday, whether it is a snow d~% an in-service day, or the like, falls adjacent to Mother's weekend, she shall be entitled to the additional days during which the children do not have school. b. The parties shall continue to share the holidays between now and July 1, 2004, as they can mutually agree. 3. Beginning July 1, 2004, Mother shall have primmy physical custody of the parties minor children. Father shall have rights of partial physical custody in accordance with the following schedule: a. Father shall have alternate weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. Ifa school holiday, whether it is a snow day, an in-service day, or the like, falls adjacent to Father's weekend, he shall be entitled to the additional days during which the children do not ihave school. b. The parties agree to alternate custody of the minor children on an annual basis for the Thanksgiving holiday. The holiday shall be defined as the Wednesday prior to the holiday beginning at 6:00 p.m. until the Sunday following the holiday, ending at 8:00 p.m. Mother shall have this custodial time in odd numbered years. Father shall have this custodial time in even numbered years. l:\Client Directo~y\Sokolol~f-L\pleadings~Stipulation for Custody.wpd March 26, 2004 c. The parties agree to share, as equally as possible, the Christmas holiday and the children's Christmas school break. Eac]h year the parties will discuss and mutually agree upon the custodial schedule based on the length of the school break and activities in which the children are involved during the break. d. During the children's summer vacation, the parties shall each be entitled to six weeks of uninterrupted custody. Each year prior to the start to the start of the summer school break, the parties will negotiate and mutually agree upon the weeks during which they will exercise custody. The parties have already discusses and agreed upon the weeks for the summer of 2004. Those weeks will not change barring a mutual agreement to do so. e. Additional custodial time can be mutually agreed upon by the parties. including but not limited to, division of the holidays not specifically referenced herein. 4. The parties agree to share transportation. It shall be the responsibility of the party relinquishing custody to drop off the children to the receiving party. 5. The parties agree that Father shall be entitled to the dependency exemptions for the children for tax year 2004. Mother agrees to sign whatever paperwork may be necessary to provide Father with the dependency exemptions for the children. Beginning in tax year 2005 and forward, Mother shall be entitled to the dependency exemptions. If necessary, Father agrees to sign whatever paperwork may be required to give those dependency exemptions to Mother. l:\Client Directo.ry~Sokoloff-L\pleadings\Stipulation for Custody. wpd March 26, 2004 6. The parties specifically agree that the Support Agreement entered into by them on August 19, 1999, shall become null and void effective July 1, 2004. All obligations of support by Mother shall cease. Furthermore, Mother agrees that she will not institute an action for support against Father prior to January 1, 2005. 7. Neither Father nor Mother shall do anything to estrange the children from the other parent, and both shall encourage the children's relationship with the other parent. Specifically, neither party shall make, or permit any other person in the household to make, any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the children shall respect and love. 8. With regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decisions necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other parent of the emergency and consult with him or her as soon as possible. 9. The parties agree that this Stipulation shall be entered as an Order of Court and as such, shall have the same full force and effect as if the matter had been tried and decided. 10. The Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 11. The Stipulation and Order of Court shall continue in full force and effect until l:\Client DirectoiY\Sokoloff_L\p eadings~Stipulation for Custody.wpd .March 26, 2004 further Order of Court or a new agreement, in writing, betweent the parties. 12. The parties hereby waive their right to present this Stipulation in open Court or to have their case heard by the Court at this time. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first a~.l~e written. Wimess / (~) Witness SOrOI OFF // STEVEN R. BALLINGER LISA D. SOKOLOFF, Plaintiff STEVEN R. BALLINGER, Defendant MAY U 4 2004~/ IN THE COLIRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-698 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDllCTION, AND NOW, this 30th day of April, 2004, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR TyI'~T: ~,,._~/ '3~lelissa Peel Greevy, Es~uire Custody Conciliator :228229 I:\Client Directo~y\Sokoloff-L\pleadinga~Sfipulafion for Custody.wpd March 26, 2004 LISA D. SOKOLOFF, Plaintiff STEVEN R. BALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-698 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, to wit, this t," day of t,, ,~ ,2004, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: