Loading...
HomeMy WebLinkAbout04-0929JENNIFER CRESPO, Plaintiff, V. ANTHONY RICE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Jennifer Crespo, residing at 200B Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. The defendant is Anthony Rice, residing at 924 Forbes Road, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Angelo C. Rice 200B Lincoln Street 7/23/02 1 yr. 8 mos. The child was bom out of wedlock The child is presently in the custody of Jennifer Crespo, who resides at 200B Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jennifer Crespo 200B Lincoln Street 7-26-02 to present The mother of the child is Jennifer Crespo, who resides at 200B Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of the child is Anthony Rice, residing at 924 Forbes Road, Carlisle, 10. Cumberland County, Pennsylvania 17013. He is not married. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Self& Child The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship Rhonna Rice Mother Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child need for healthy development. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim n/a WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Plaintiff with visitation in the Defendant. Respectfully submitted, Michael J. Whare, EsqUire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unswom falsification to authorities. a~rennifer CTespo, Plaintiff /ENNIFER CREsPO PLAINTIFF ANTHONY RICE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-929 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ W~ednes~day March 10, 2004 it is _, upon consideration of the attached Complaint, hereby directed that parties and their respective counsel appear betbre _J'ac~eline M. Ver~, the conciliator, at 4th Floor, Cmnberland Coun~Ly Courthouse, Carlisle on Tuesday, March 30, 2004 at 9:30_~ for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 vresent 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/ · c, Custody Conciliator The Court of Common Pleas of Cumberland purity s reqmred by law to comply with the C ' Americans with Disabilites Act of 1990. For information about accessible thcilities 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 hearing. YOU SttOULD TAKE THIS HAVE AN ATFORNEY O · PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT R CANNOT AFFORD ONE, GO TO OR TELEPHONE 'DtE 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 JENNIFER CRESPO, Plaintiff, V. ANTHONY RICE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLANiD COUNTY, PENNSYLVANIA : NO. 04-929 CIVIL IN CUSTODY : STIPULATION AGREEMENT AS TO CUSTODY The plaintiff, Jennifer Crespo, hereinafter referenced as "Mother," and Defendant, Anthony Rice, hereinafter referenced as "Father," hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Angelo C. Rice; born July 23, 2002, hereinafter referenced as "Child": The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's grovo~ and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and sclhool records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Child. (d) Father shall have periods of partial custody every other weekend from Friday at 5:00 PM until Sunday at 5:00 PM, beginning the weekend of Friday, March 19, 2004. Father shall also have partial custody of the Child at any other times as agreed upon by the parties. (e) Mother and Father shall have Child two (2) weeks each year, one (i) week in spring/summer and one (1) fall/winter. (f) The Mother shall have the Child on Mother's Day and the Father shall have the Child F ' on athers Day. (g) The Father shall have custody df the Child during the Holidays that Mother works, until such time Mother gets offwork. The Holidays that Mother is off, the Father shall have custody at times agreed upon by the parties. Each party shall have reasonable telephone and e-mall access to the Child while the Child is in the custody control of the other parent. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessa~.? steps to ensure that the health, welfare and well being of the Child is protected. 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. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 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. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael J. Whare, Esquire of Rominger, Bayley & Wh~we. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to; Date Date Date 1"'--'7 '"-( J~dnnifer O~spo k_ Michael J. /Vhare, Esquire Anthony Rice Xarltness tbr Antl~yt~e MAR 20 JENNIFER CRESPO, Plaintiff V. ANTHONY RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-929 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 30th day of March, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, gacq ~a~line M. Vemey, Esquire, (~stody Conciliator JENNIFER CRESPO, Plaintiff, ANTHONY RICE, Defendant. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-929 CIVIL 1N CUSTODY ORDER AND NOW, this day of I~ ., 2004, in consideration of the attached Stipulation Agreement as to Custody and Visitation, it is hereby ordered that: 1. The parties hereto agree that the best interests and continuing welfare of the children would be best served with a Custody Agreement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) (d) Mother shall have primary physical custody of the Child. Father shall have periods of partial custody every other weekend from Friday at 5:00 PM until Sunday at 5:00 PM, beginning the weekend of Friday, March 19, 2004. Father shall also have partial custody of the Child al: any other times as agreed upon by the parties. (e) Mother and Father shall have Child two (2) weeks each year, one (1) week in spring/summer and one (1) fall/winter. (f) The Mother shall have the Child on Mother's Day and the Father shall have the Child on Father's Day. (g) The Father shall have custody of the Child during the Holidays that Mother works, until such time Mother gets offwork. The Holidays that Mother is off; the Father shall have custody at times agreed upon by the parties. Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the other parent. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. 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. Each party shall not make any disparaging remarks o,r allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 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. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael J. Whare, Esquire of Rominger, Bayley & Whare.