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HomeMy WebLinkAbout08-5813 HEIDI HEFFLEFINGER, THOMAS HEFFLEFINGER, JOHN GILBERT, AND CATHY GILBERT, Plaintiffs vs. WILLIAM JOHNSON AND SOMMER JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O$ - 5813 Civil Term. CIVIL ACTION - LAW ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiffs are Heidi and Thomas Hefflefinger, who currently reside at 720 N. Hanover St., Carlisle, Pa. 17013 and John and Cathy Gilbert, who currently reside at 650 Roxbury Road, Newville, Pa. 17241. 2. Defendants are William Johnson and Sommer Johnson, who currently reside at 49 Peachy Ann Dr., Newville, Pa. 17241. 3. Defendants are the Natural Parents of the following children: NAME DOB/AGE ADDRESS Hunter L. Hefflefinger 6/11/2003 (5) 650 Roxbury Road, Newville, Pa. Courtney L. Johnson 9/13/2004 (4) 720 N. Hanover St., Carlisle, Pa. Mother and Father were married on November 16, 2006. They currently share physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES William and Sommer 49 Peachy Ann Dr. Birth - August 2008 Johnson Newville, Pa. 17241 The mother of the children is Sommer Johnson. She currently resides at 49 Peachy Ann Dr., Newville, Pa. 17241. She is married to William Johnson. The father of the child is William Johnson. He currently resides at 49 Peachy Ann Dr., Newville, Pa. 17241. 4. The relationship of plaintiffs Heidi and Tom Hefflefinger to the children is that of aunt and uncle. Plaintiffs Heidi and Tom Hefflefinger currently reside with Courtney L. Johnson. The relationship of plaintiffs Cathy and John Gilbert to the children is that of aunt and uncle. Plaintiffs Cathy and John Gilbert currently reside with Hunter L. Hefflefinger and their son, Travis Gilbert, age 15. 5. The relationship of defendants to the children is that of natural parents. The defendants currently live together. 6. 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 or any other state. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Natural parents William Johnson and Sommer Johnson have recently been underaoing some financial and personal difficulties After a family meetina was held in August 2008, parents and family members agreed that it would be in the best interest of the children for Hunter L. finger to live with Cath and John Gilbert, and for Courtnev L Johnson to live with Heidi and Tom Hefflefinger. Natural parents agreed. It is anticipated that this arrangement will be modified in the future however, the parties are requesting that this agreement be entered as a court Order, so that the family members can provide for schooling and medical services while the children are in their care. This request would be in the best interest of the children because it provides for the stability and safety 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 has been named as parties to this action. WHEREFORE, Plaintiffs request the court to enter a custody order regarding the children. Respectfully submitted, Date: Cr Z3 6 v e Adams, Esquire I. No.79465 W. South St. Carlisle, 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. aw-ViOT Date: Z3 b r Thomas Heffle ng r, Plaintiff Date: ?3 d idi Hefflefinger, Plai 444?A_ Date: 1[2,31bg Date: qlqog/ ohn Gilbert, Plaintiff Cathy G' ert, Plaintiff -) w i *,% ? a 00 n N a 'rs w a Q -cl ?F HEIDI HEFFLEFINGER, THOMAS HEFFLEFINGER, JOHN GILBERT, AND CATHY GILBERT, Plaintiffs vs. WILLIAM JOHNSON AND SOMMER JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. QQ - SP 3 Civil Term. CIVIL ACTION - LAW ACTION IN CUSTODY CUSTODY AGREEMENT This Custody Agreement is made thisL3day of , 2008, by and between Heidi Hefflefinger, Thomas Hefflefinger, John Gilbert, Cathy Gilbert, and William Johnson and Sommer Johnson, all of Cumberland County, Pennsylvania; WHEREAS, Defendants, William Johnson and Sommer Johnson are the natural parents of two children, namely, Hunter L. Hefffefinger, born June 11, 2003; and, Courtney L. Johnson, born September 13, 2004; WHEREAS, the parties have reached an agreement relative to the future care and custody of the children, the terms of which agreement the parties desire to set forth in the present written Agreement, and; WHEREAS, the parties desire the provisions of the present 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 children. 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. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Legal custody of Hunter Hefflefinger, born June 11, 2003, shall be shared jointly by Sommer Johnson, William Johnson, Cathy Gilbert and John Gilbert. Legal custody of Courtney L. Johnson, born September 13, 2004, shall be shared jointly by William Johnson, Sommer Johnson, Heidi Hefflefinger, and Thomas Hefflefinger. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the party then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Pursuant to this section, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. B. 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. C. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of such records or information, and such information has not been provided to the other parent, 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. .LY 14? c6 g,4. 5S 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the party then having physical custody of the child. 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 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. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Primary Physical Custody of Hunter L. Hefflefinger shall be with Cathy and John Gilbert. Primary Physical Custody of Courtney L. Johnson shall be with Heidi and Thomas Hefflefinger. 4. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial party for a certain period of time. William Johnson and Sommer Johnson shall have liberal periods of partial physical custody with the children as the parties agree. In addition, the parties will encourage and promote continuing contact with parents and between the children. 5. Relocation. Heidi and Thomas Hefflefinger anticipate moving to Paulding, Ohio, within one year. The parties specifically agree that Heidi and Thomas Hefflefinger may move to Ohio and upon their move, they may retain primary physical custody of Courtney L. Johnson. 6. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 7. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the -T4 ? openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 8. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Hei i Hefflefinger Date: C,' I q - DS I.SKd -" Thomas Hefflefin Date: 4, l q ? ar WITNESSETH: Wit ss Cathy Gil ert Date: -1 • . get C-4f J n Gilbert Date: 0 C710v 8108 (? cM A I AjL (Ancy] Wi ess Sommer Johnso Mother Date: u J e W ess 1 11 Olr William Johnson, Father Dater{ l-Z 3 r ?3'e c? ? c fi7 ! ID Lt ? ? OCT 01 2008 HEIDI HEFFLEFINGER, : IN THE COURT OF COMMON PLEAS THOMAS HEFFLEFINGER, : CUMBERLAND COUNTY, PENNSYLVANIA JOHN GILBERT, AND CATHY GILBERT, : NO. OS-3V13 Civil Term. Plaintiffs vs. CIVIL ACTION - LAW WILLIAM JOHNSON AND ACTION IN CUSTODY SOMMER JOHNSON, Defendants : ORDER AND NOW, this &* day of 2008, having reviewed the attached agreement between the parties dated September 23, 2008, it is hereby ORDERED and DECREED as follows: 1. Legal custody of Hunter Hefflefinger, born June 11, 2003, shall be shared jointly by Sommer Johnson, William Johnson, Cathy Gilbert and John Gilbert. Each party sharing legal custody shall be entitled to obtain all records and information pertaining to the child, including but not limited to, medical, dental, religious or school records. 2. Primary Physical Custody of Hunter L. Hefflefinger shall be with Cathy and John Gilbert. William Johnson and Sommer Johnson shall have liberal periods of partial physical custody with Hunter L. Hefflefinger as the parties agree. 3. Legal custody of Courtney L. Johnson, born September 13, 2004, shall be shared jointly by William Johnson, Sommer Johnson, Heidi Hefflefinger, and Thomas Hefflefinger. Each party sharing legal custody shall be entitled to obtain all records and information pertaining to the child, including but not limited to, medical, dental, religious or school records. 4. Primary Physical Custody of Courtney L. Johnson shall be with Heidi and Thomas Hefflefinger. William Johnson and Sommer Johnson shall have liberal periods of partial physical custody with Courtney L. Johnson as the parties agree. 5. The parties' agreement dated September 23, 2008, is incorporated into this Order. B e Court: J. cc: t/qane Adams, Esquire lilliam Johnson and Sommer Johnson, natural parents 44\ vi ... O 10 :1 Wd 9-1 DO gooz 3HII JO