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HomeMy WebLinkAbout08-4380 GAIL BENTLEY, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 0" Y390 G Civil Term PENNIE A. BENTLEY, : ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Gail Bentley, who currently resides at 128 Amy Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Pennie A. Bentley, whose current address is 1868 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Kailyn M. Bentley 2/2/04(4) 1868 Walnut Bottom Road Newville, Pa. 17241 Mother and Father were divorced in 2005. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Pennie A. Bentley Pennie A. Bentley Gail Bentley ADDRESSES 1868 Walnut Bottom Road Newville, Pa. 17241. 147 W. Louther St. Carlisle, Pa. 17013 DATES 2005 - present 2003 - 2005 The mother of the child is Pennie A. Bentley. She currently resides in Newville, Pennslyvania. Her physical address is 1868 Walnut Bottom Road, Newville, Cumberland County, Pa. 17241. She is divorced from plaintiff. The father of the child is Gail Bentley. He currently resides at 128 Amy Drive, Carlisle, Cumberland County, Pennsylvania. He is divorced from Defendant. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with his girlfriend. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning 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 or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties were divorced in 2005 and there is no formal custody order. Father is seeking a custody order which confirms his periods of partial physical custody and includes certain requirements should Mother choose to move to another jurisdiction. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: 24 J e Adams, Esquire No. 79465 W. South St. Farlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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. Date: p4' J (L44 9LAE Gail Bentley, Plaintiff I _ -W IV D ? o s ? a F ° R r..,. R7. s,'7 1 ^- J iT J1 ? ? GAIL BENTLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4380 CIVIL ACTION LAW PENNIE A. BENTLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 24, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 21, 2008 at 9:30 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/ Hubert X. Gilroy, 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 PVT, k : I1 W SZ 1 A r 0J Z 'd --]Hl 4 i, GAIL BENTLEY, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4380 Civil Term PENNIE A. BENTLEY, Defendant ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT 4 This Stipulation and Custody Agreement is made this 0)6 day , 2008, by and between Pennie A. Bentley, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania, and Gail Bentley, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Kailyn A. Bentley, born February 2, 2004; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of the child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parry. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other parry can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Cugtody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child, as mutually agreed by the parties, in addition to the following periods: a. Father shall have a period of partial custody with the child every other weekend from Friday at 6:00 p.m. through Sunday at 7:00 p.m. b. Father shall have one full week with the child during the months of June, July, and August. A week shall begin on Sunday at 7:00 p.m. and shall run to the following Sunday at 7:00 p.m. c. The parties shall alternate Easter, Halloween, and Thanksgiving with the child. The time for such period of custody shall be 10:00 a.m. through 7:00 p.m. Beginning with Thanksgiving 2008, Father shall have the child from 10:00 a.m. through 7:00 p.m. and the parties shall alternate each holiday thereafter. The holiday schedule shall supercede the regular weekend schedule. d. The parties shall alternate the Christmas holiday. Beginning in 2008 and every even numbered year thereafter, Father shall have custody of the child from 6:00 p.m. on Christmas Eve through 10:00 a.m. on Christmas Day and Mother shall have the child from 10:00 a.m. on Christmas Day through 6:00 p.m. on December 26tH Beginning in 2009 and every odd numbered year thereafter, Mother shall have custody of the child from 6:00 p.m. on Christmas Eve through 10:00 a.m. on Christmas Day and Father shall have the child from 10:00 a.m. on Christmas Day through 6:00 p.m. on December 26th e. Mother shall have the child on Mother's Day from 10:00 a.m. through 7:00 p.m. and Father shall have the child on Father's Day from 10:00 a.m. through 7:00 p.m. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parties to meet an a halfway point between their residences, which is mutually agreed upon. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relotionship. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in each child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall promptly communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of a child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: V'Tness Pennie A. Bentley, Mother Date: c?.. y i ess Gail Bentley, Father Date: Q- ?Q cW , - 4 ? ?•-?L",. " Y w+yry' .,... ?S , ?? ? ?? GAIL BENTLEY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW PENNIE A. BENTLEY, NO. 2008-4380 Defendant IN CUSTODY COURT ORDER AND NOW, this day of August, 2008, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, E uire Custody Conciliat cz; cv c_ ui " -= ch i 1-7 nor 1 C- r i CJ? cl%i Ll ? -Jac J 3l ? C) C`3 -A GAIL BENTLEY, Plaintiff vs. PENNIE A. BENTLEY, Defendant AN 2 6 2008 oZ AUG l 6 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Of " Lf 3? Civil Term ACTION IN CUSTODY ORDER AND NOW, this r19 day of &??- , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on August 20, 2008, shall be entered as an Order of Court. cc: /Jane Adams, Esquire, for Father jXennie A. Bentley, Mother 14 Est "" :11 ° c a~> ' F,:4 c = Ll-