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HomeMy WebLinkAbout04-0788Jennifer L. RHOADS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 7rF e' Eric J. BOZIAN, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Jennifer L. Rhoads, by and through her attorney, J. Michael Sheldon, Esquire, and files this COMPLAINT FOR CUSTODY, and in support thereof, avers the following: 1. 2. The Plaintiff is Jennifer L. Rhoads, an adult individual with a present mailing address of 222 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. The Defendant is Eric J. Bozian, and adult individual with a present mailing address of 2069 W. Harrisburg Pike, Highspire, Dauphin County, Pennsylvania, 17034. 3. Plaintiff seeks custody of the parties' minor children: Name Present Residence KAYLEEN BOZIAN 222 Herman Avenue Lemoyne, PA 17043 Age 6 years DOB: 04-10-97 JOCELYN BOZIAN AMANDA BOZIAN same same The children were born out of wedlock. 9 years DOB: 09-12-94 11 years DOB: 02-22-93 The children are presently in the custody of the Plaintiff, residing at 222 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. During the past five years, the children have resided with the following persons at the following addresses: Name Address Date Plaintiff 222 Herman Avenue May 2003 to pres. Lemoyne, PA 17043 Plaintiff 209 Herman Avenue March 1997 to Lemoyne, PA 17043 May 2003 4. 5 6 7 The mother of the children is the Plaintiff, Jennifer L. Rhoads, currently residing at 222 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. She is not married. The father of the children is the Defendant, Eric J. Bozian, currently residing at 2069 W. Harrisburg Pike, Highspire, Dauphin County, Pennsylvania, 17034. He is married to Sherri Bozian, who is not a party to this Complaint. The relationship of the Plaintiff to the children is that of biological mother. The Plaintiff currently resides with no other person(s). The relationship of the Defendant to the children is that of biological father. The Defendant currently resides with his present spouse, Sherri Bozian. They have two natural, minor children of the marriage: Sabastion and Ethan Bozian. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the natural, biological mother of the children and has played a primary role in the children's life since birth b. Plaintiff has established a close bond with the children which should be maintained and nurtured in a loving and emotionally secure environment. c. Plaintiff desires to exercise parental duties and to enjoy the love and affection of the children in an emotionally secure environment. d. The children should be permitted to enjoy the love, affection and emotional support which can be provided by the natural mother in a loving and secure environment. e. The children, all of whom are female, would benefit greatly from custody with their natural mother. f. Defendant is more concerned with his own interests at this time than with the best interests of the children. 8. 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, Plaintiff respectfully requests this Honorable Court to grant partial custody of the child. DATE: I{J I Q 2004 ) k(JI, J. Michael Sheldon, Esquire Pa. ID #83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff Jennifer L. RHOADS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Eric J. BOZIAN, Defendant CIVIL ACTION - CUSTODY VERIFICATION STATEMENT 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. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date: c 1 O4 2004 ? Xl * WO'CL J J NIFE RHOADS, Plaintiff Jennifer L. RHOADS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Eric J. BOZIAN, Defendant CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, J. Michael Sheldon, Esquire, hereby certify that I served a true and correct copy of the foregoing COMPLAINT via United States mail, first-class postage, and by United States Mail certified #7002 2410 0007 1402 1586, restricted delivery to the following: Eric J. Bozian 2069 W. Harrisburg Pike Highspire, PA 17034 DATE: *& a 1 , 2004 c-A? J. Michael Sheldon, Esquire Pa. ID #83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff V \ \ N d 4 LX) t - a .. j?t APR 0 7 2004 JENNIFER L. RHOADS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-788 CIVIL TERM V. CIVIL ACTION - LAW ERIC J. BOZIAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jennifer L. Rhoads and Eric J. Bozian, shall have shared legal custody of the minor children, Kayleen Bozian, born April 10, 1997, Jocelyn Bozian, born September 12, 1994, and Amanda Bozian, born February 22, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. 2. Physical Custody. Mother shall have primary physical custody of the minor children subject to Father's rights of partial custody which shall be arranged as follows: A. On alternating weekends, with the first custodial weekend to commence on April 2, 2004. Father's custodial weekend shall commence on Friday night if the children do not have a Saturday activity. In the event that the children have a Saturday activity, such as Girl Scouts, Father's custodial time shall commence on Saturday after the activity. If there is no activity and Father has to work on Saturday, Father's custodial period shall commence at 5:30 p.m. Saturday. Father's custodial weekend shall continue until Sunday at 7:00 p.m. ?s 3. Transportation. The parent relinquishing custody shall provide transportation incident to the custodial periods. NO. 04-788 CIVIL TERM 4. Mother shall provide Father with a copy of the children's scheduled activities as they become available to her and the current schedule within ten (10) days of the date of this Order. 5. Holidays. The parties shall continue to share the holidays as has been their custom. 6. Summer Vacation. Each year, Father shall be entitled to thirty (30) continuous days of custody during the Summer school recess. The shirty (30) day period shall be at Mother's selection. Mother shall provide notice to Father of the dates for the thirty (30) day block by June 1St of each year. 7. Mother will provide Father with one (1) school picture of each child each school year. 8. The parties may vary the terms of this Order by their mutual agreement. In the absence of their mutual agreement, the terms of this Order shall control. BY T>fE COURT: J. Dist: Michael Sheldon, Esquire, 6059 Allentown Boulevard, Harrisburg, PA 17112 Mark F. Bayley, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 E, 0 :I !" d °- MN U3Z ^la?n-03?u JENNIFER L. RHOADS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-788 CIVIL TERM V. ERIC J. BOZIAN, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Kayleen Bozian April 10, 1997 Jocelyn Bozian September 12, 1994 Amanda Bozian February 22, 1993 CURRENTLY IN THE CUSTODY OF Mother Mother Mother 2. A Custody Conciliation Conference was held on April 1, 2004 in response to Mother's filing of a Complaint for Custody on February 24, 2004. Present for the conference were: the Mother, Jennifer L. Rhoads, and her counsel, J. Michael Sheldon, Esquire; the Father, Eric J. Bozian, and his counsel, Mark F. Bayley, Esquire. 3. The parties reached an agreement in the form of an Order as attached. /a/(?4 Date Melissa ee Greevy, Esquire Custody Conciliator :226494 '- 1. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ERIC BOZIAN, CIVIL ACTION - LAW Petitioner Vs. No. O - M JENNIFER LEE WITTLE, Respondent CUSTODY PETITION FOR CUSTODY MAUMCATTa4 AND NOW, this `d3A day of , 20 ©A , comes the Petitioner, PETITIONER, by an through his/her attorneys, the Law Offices of BATURIN & BATURIN, and files this Petition For Custody and respectfully represents as follows: 1. The Petitioner is, ERIC BOZIAN, an adult individual, sui juris, who currently resides at 542 B Criswell Drive, Boiling Springs, PA 17007. 2. The Respondent is JENNIFER LEE WITTLE, an adult individual, sui juris, who currently resides at 3. Petitioner and Respondent are not married 4. The Petitioner and Respondent are the natural parents of three minor children, AMANDA LEE BOZIAN (02/22/1993) TW o KAYLEEN ELIZABETH (04/10/1997) 7N oAW r^e-- 1 5. The aforementioned minor childW6 presently in the physical custody of their Natural Father, the Petitioner, in the Custody Petition. 6. The parties hereto, intending to be legally bound hereby, covenant and agree as follows: a) The Natural Father shall have primary legal custody of the parties' minor children. The parties agree that the Natural Father shall have primary physical custody of the parties' children and the Natural Mother shall have periods of visitation as set forth below: b) Every other weekend at times agreed upon by the parties. c) At all times that either party has physical custody of said ',ild, the parties, to the best of their ability, shall shield and protect the child from any third party's use of alcohol. d) At all times that either party has physical custody of said child, the parties, to the best of their ability, shall refrain from making derogatory remarks in front of the minor child. e) This Order is entered pursuant to an agreement of the parties hereto. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. f) It is the intent of the parties hereto to become and remain legally bound 2 by the mutual promises and covenants herein contained. g) This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. h) It is further understood that this Stipulation is to go into effect immediately. i) This Stipulation is entered into pursuant to the mutual understanding and agreement of the parties hereto and it is the intent of both to become and remain legally bound by the mutual promises and covenants herein contained. j) The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties acknowledge having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily. k) The parties hereto agree that the Support Order currently in effect and/or any other Support Order is to remain independent of this Custody Petition and Stipulation. 7. A Stipulation to the above Petition For Custody is signed by the parties hereto and is attached to this Petition. 3 WHEREFORE, the Petitioner, PETITIONER, respectfully requests that this Honorable Court enter the Stipulation as an Order of Court. Dated: Q1 dl d /° ? Respectfully submitted, BATURIN & BATURIN By: ?vv/ "1. Atm-' Harry M. Baturin, Esquire Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Petitioner 4 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: cD-7-/? D? (SEAL) PET U.7-??-09 ERIC BOZIAN, Petitioner Vs. JENNIFER LEE WITTLE, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. CUSTODY STIPULATION FOR CUSTODY AND NOW, this QIA day of 204-1 comes the Petitioner, PETITIONER, by an through his/her attorneys, the Law Offices of BATURIN & BATURIN, and files this Petition For Custody and respectfully represents as follows: 1. The Petitioner is, ERIC BOZIAN, an adult individual, sui juris, who currently resides at 542 B Criswell Drive, Boiling Springs, PA 17007. 2. The Respondent is JENNIFER LEE WITTLE, an adult individual, sui juris, who currently resides at 3. Petitioner and Respondent are not married 4. The Petitioner and Respondent are the natural parents of three minor children, AMANDA LEE BOZIAN (02/22/1993) KAYLEEN ELIZABETH (04/10/1997) 5. The aforementioned minor child is presently in the physical custody of their Natural Father, the Petitioner, in the Custody Petition. 6. The parties hereto, intending to be legally bound hereby, covenant and agree as follows: a) The Natural Father shall have primary legal custody of the parties' minor children. The parties agree that the Natural Father shall have primary physical custody of the parties' children and the Natural Mother shall have periods of visitation as set forth below: b) Every other weekend at times agreed upon by the parties. c) At all times that either party has physical custody of said child, the parties, to the best of their ability, shall shield and protect the child from any third party's use of alcohol. d) At all times that either party has physical custody of said child, the parties, to the best of their ability, shall refrain from making derogatory remarks in front of the minor child. e) This Order is entered pursuant to an agreement of the parties hereto. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. 2 f) It is the intent of the parties hereto to become and remain legally bound by the mutual promises and covenants herein contained. g) This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. h) It is further understood that this Stipulation is to go into effect immediately. i) This Stipulation is entered into pursuant to the mutual understanding and agreement of the parties hereto and it is the intent of both to become and remain legally bound by the mutual promises and covenants herein contained. j) The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties acknowledge having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily. k) The parties hereto agree that the Support Order currently in effect and/or any other Support Order is to remain independent of this Custody Petition and Stipulation. 7. A Stipulation to the above Petition For Custody is signed by the parties is herein attached to this Petition. 3 8) This Order is entered pursuant to an agreement of the parties hereto. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. 9) It is the intent of the parties hereto to become and remain legally bound by the mutual promises and covenants herein contained. 10) This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 11) It is further understood that this Stipulation is to go into effect immediately. 12) This Stipulation is entered into pursuant to the mutual understanding and agreement of the parties hereto and it is the intent of both to become and remain legally bound by the mutual promises and covenants herein contained. 12) The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties acknowledge having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily. 3) Rye 7t+E FjRSr mn-y j: K-), Pepe pir CUmBEpl,Rni? VAt_l..Ey SC,tkOL 6 1 st-2iCT, kPyLE-EN- rn?-y ??u2nI -r' morrtr? ? (2-44D" --ro WEST StK%Fz --%-H--, L biSMIcT Lw?ER ?3ont ?-2? ?C-?€?mEntr E? ? IN WITNESS WHEREOF, the Petitioner and Respondent have set their hands and seals the day and year first above written. WITNESS: 0706101 BL ;= . 2039.;`_?L 23 Pi"! <;2'- a a J ?' ` M ERIC BOZIAN, Petitioner Vs. JENNIFER LEE WITTLE, Respondent No. 0q-7$8 CUSTODY ORDER OF COURT AN q D NOW, this . day , 20 upon presentation of the Petition For Custody in connection with the above-captioned matter, it is hereby ORDERED AND DECREED that the executed Stipulation dated 20 d , become an Order of Court. JUL 2 4 2009 k IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW 0 J. OF " YTARY 2009 JUL 2 7 Atli 9: 9 t.; 0j''ONTY PENNS YLVAIMA y/?,q1 per _ &k s /!'' , c c t, *46 J . w.44[c- xq iazt b?D