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Home My WebLink About08-3223STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LORI M. KELLER v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW TONY L. KELLER, JR. Defendant N0.2008--,~~~3 _ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Stacy B. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: The plaintiff is Lori M. Keller, an adult individual residing at 1722-A Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Tony L. Keller, Jr., an adult individual residing at 4201 Gettysburg Road, Lot 7, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of one minor child namely, April L. Keller (born March 21, 2006, age 2). 4. The child has resided primarily with both parties since birth. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custodyproceeding concerning the child pending in a court of this Commonwealth. 7. The 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. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the child, with the plaintiff and defendant sharing primary physical custody on an equal basis. 9. Both pasties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, April L. Keller (born March 21, 2006, age 2). B. The Mother and Father will share primary physical custody of the child equally. C. The parties shall alternaxe physical custody of the child with Father having custody from 7:00 p.m if Mother is not working, or 8:00 p.m. if Mother is working, Wednesday unti17:00 p.m if Father's custody began at 7:00 p.m.or 8:00 p.m. if Father's custody began at 8:00 p.m., on Sunday. The parties shall alternate physical custody of the child on the following week with Father having custody from 7:00 p.m. if Mother is not working, or 8:00 p.m if Mother is working, Thursdayunti17:00 p.m. if Father's custody began at 7:00 p.m or 8:00 p.m. if Father's custody began at 8:00 p.m., on Sunday. Such schedule will continue on an alternating week basis. D. The Mother and Father shall share physical custody of the child on birthdays and holidays as agreed by the parties. E. Each parent is entitled to 14 days of vacation with the child each year with each parent providing notice to the other parent of the days he or she wishes to have no less than thirty' (30) days prior to the requested days. The parent who fast provides notice of vacation days has priority. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the children from the other parry or hinder the natural development of the child's love or affection for the other party. ~ In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation only upon a finding of contempt by a court as contained in an Order of Court or Order for specific perfon~nance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J• The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the child as aforesaid. 2008 ~~ STAGY B. W LF Attorney for Plaintiff VERIFI .ATION AND CONFIRMATION OF AGREEMENT We do herebyverifythat the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.GS. § 4904, relating to unsworn falsification to authorities. Furthermore, bythe execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. ~' 1 ~ , 2008 ~" / , 2008 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND :SS: ~ ~~ the ~ dayof -~~~_, 2008, before me, the undersigned officer, personall appeared LORI M. KELLER, lmown to me (or satisfactorilyproven) to be the person whose name is subscribed to the within instrument and aclmowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m and official seal. GOti1MONWEALTH OF PENNSYLVANIA Nofa~fal Seal Nafhan C. Wotf, Notary Public (SEAL) CaANIe Boro, CumhsAand County Commrrtion t9, zo~2 Not c ~~~ amu ~OFtYotaries COMMONWEALTH OF PENNSYLVAN COUNTY OF CUMBERLAND :SS: ~ ~~ the ~' dayof , 2008, before me, the undersigned officer appeared TONY L. KELLER, JR., kno to me (or satisfactorilyproven) to be the person whose~y name is subscribed to the within instnuent and aclmowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and official seal. TH OF PENNSYLVANIA Nofariar seal (SEAL) Nan C. Wolf. Notary Public car~ele eoro, Cumberland county Notary Pu _ Comndgion Exp[es AprN 16, 2012 ~ d Notaries ~ ;~~ ,_~, (") ha ~' ~ ~ P`v r r' . c~ c ~~ ' a' {-.3 ~~7 --y rn ~ ~ ~'1 ,Y tv ~ ter" ~c ~ ~-5 : ~ .~ , r w --, __ G .~...,. ...4 o~ ~av sa z LORI M. SELLER v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA TONY L. KELLER, JR. Defendant CIVIL ACTION -LAW N0.2008- 3 a~~ CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 29 ` day of ~, 2008 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, April L. Keller (born March 21, 2006, age 2). B. The Mother and Father will share primary physical custody of the child equally. C. The parties shall alternate physical custody of the child with Father having custodyfrom 7:00 p.m. if Mother is not working, or 8:00 p.m. if Mother is working, Wednesday until 7:00 p.m if Father's custody began at 7:00 p.m. or 8:00 p.m. if Father's custody began at 8:00 p.m, on Sunday. The parties shall alternate physical custody of the child on the following week with Father having custody from 7:00 p.m. if Mother is not working, or 8:00 p.m. if Mother is working, Thursday unti17:00 p.m, if Father's custody began at 7:00 p.m. or 8:00 p.m if Father's custody began at 8:00 p.m., on Sunday. Such schedule will continue on an alternating week basis. D. Mother and Father shall share physical custody of the child on birthdays and holidays as agreed by the parties. E. Each parent is entitled to 14 days of vacation with the child each year with each parent providing notice to the other parent of the days he or she wishes to have~no less i 5 20~~ 1~~ 29 A~~ ~~ ~~ ~~.t~4~ -+-'._~ , ~iiL ids i 4 ~~ than thirty (30) days prior to the requested days. The parent who fast provides notice of vacation days has priority. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. H. In the event of the breach of the agreement of the parties by any parry, the nonbreaching parry shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation only upon a f finding of contempt by a court as contained in an Order of Court or Order for specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same forrr~ality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. retribution: / Stacy B. Wolf, Esquire For Plaintiff ~/ Pony L. Keller, Jr. Pro Se coP,~~ .~~~ Cam. ~~~4~0$ ~T r ITYT TTY /SAT TTT