Loading...
HomeMy WebLinkAbout08-5835 ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFFS JOHN C. and ROSE M. BAKER, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-51935 - CIVIL TERM AMANDA M. AND RODNEY W. BENNAGE, Defendants IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Elizabeth B. Stone, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The Plaintiffs are John C. and Rose M. Baker, adult individuals currently residing at 1075 Orrs Bridge Drive, Hamden Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050-2141. 2. The Defendants are Amanda M. and Rodney W. Bennage, adult individuals currently residing for the next 2 days at 4150 Wertzville Road, Hamden Township, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiffs are the maternal grandparents of the minor male child, named Zane Colley Bennage, (born September 9, 2002, age 6 years of age). .I 4. The Defendants are the natural biological mother and the adoptive father of the subject minor child. 5. The child has resided with the maternal grandparents, Plaintiffs herein, since June, 2008. The child lived with both parties in a shared custody arrangement for most of this past year, as neither the Mother nor the Father could get the child to school on any given day. 6. The parties shared equal custody in June and July, 2008. Since August 1, 2008, the grandparents have had Zane full-time since he began Kindergarten at St. Joseph's School for which they pay the tuition. 7. It is averred by the Plaintiffs that all interested parties agreed with the decision that Zane should live with his grandparents full-time based upon what was in the best interests of the minor child. 8. It is averred by Plaintiffs that the Mother carries a diagnosis of bi-polar and major depression and is addicted to marijuana. 9. It is averred by Plaintiffs that the Mother has been off her prescribed and necessary medications since prior to June, 2008. 10. It is averred by Plaintiffs that the Mother was committed into the Holy Spirit Outpatient Treatment Facility last week, but ejected out of the program for failing to attend even one day. 11. It is averred by the Plaintiffs that the Mother has failed to report to her job for the last several weeks and instead sleeps all day after smoking marijuana all night long. 12. It is averred by the Plaintiffs that neither the Mother nor the Father are in any condition to raise a six year old in a safe and clean environment. 13. It is believed and therefore averred that the parents intend to remove the minor child from this jurisdiction on Friday, October 3, 2008, and relocate to Mifflin County. 14. It is believed and therefore averred that if the child is permitted to leave with his parents he will be placed in a dangerous and unhealthy environment. 15. It is believed that Father has not paid any bills associated with their apartment and most bills have remained unpaid for months; hence they are leaving to avoid the collection agencies. 16. The child has remained with the grandparents since August, 2008, who now desire to obtain a Court Order so that they can attend to any medical needs with the pediatrician, follow-up visits and emergency needs and register him for school, as well as, other extra-curricular activities that the child may become involved in from time to time. The Plaintiffs have no intentions of keeping the minor child from his biological parents; however, they do believe that this is in the best interests of the child to ensure adequate care, a clean environment and a loving home while the minor child lives in their home. 17. It is believed and therefore that neither the Mother nor the Father are in any condition to care for this child. 18. It is averred by the Plaintiffs that the Mother and the Father are being evicted from their home for failure to pay rent over the last four months, in addition to the absolute filth in which the parties are currently living. (See attached photos taken by Plaintiffs on September 25, 2008.) 19. The Plaintiffs have not participated as a party, witness or in any other capacity in other litigation concerning the custody of this child in this or another court. 20. The Plaintiffs have no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 21. The Plaintiffs do 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. 22. The Plaintiffs believe and therefore aver that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the Plaintiffs have primary physical custody of the child and that the Defendants have temporary physical custody of the child in accordance with this Court's Order. WHEREFORE, the plaintiff respectfully requests that the Court enter an order providing for the legal and physical custody of the child as aforesaid; grant the request of Plaintiffs and award temporary physical custody of the minor child to the Grandparents, and order a hearing on the matter as soon as judicially possible. Respectfully submitted,,.,-" By Supr e Court I #60251 4 Bridge W, P.O. Box E New Cu er nd. PA 17070 7-774-7435 Dated: ( c>J L (0-a /ttoo/eys for Plaintiffs VERIFICATION JOHN C. BAKER states that he is one of the Plaintiffs named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. JOHN C/BAKFJR Date: to ? 1108 J t ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN C. and ROSE M. BAKER, Plaintiffs, V. AMANDA M. AND RODNEY W BENNAGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008- 5$35- CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY AND SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioners, JOHN C. AND ROSE M. BAKER, by and through their attorneys, Stone LaFaver & Shekletski, respectfully represents as follows: 1. The Plaintiffs are John C. and Rose M. Baker, adult individuals currently residing at 1075 Orrs Bridge Drive, Hamden Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050-2141. 2. The Defendants are Amanda M. and Rodney W. Bennage, adult individuals currently residing for the next 2 days at 4150 Wertzville Road, Hamden Township, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiffs are the maternal grandparents of the minor male child, named Zane Colley Bennage, (born September 9, 2002, age 6 years of age). 4. The Defendants are the natural biological mother and the adoptive father of the subject minor child. 5. The child has resided with the maternal grandparents, Plaintiffs herein, since June, 2008. The child lived with both parties in a shared custody arrangement for most of this past year, as neither the Mother nor the Father could get the child to school on any given day. 6. The parties shared equal custody in June and July, 2008. Since August 1, 2008, the grandparents have had Zane full-time since he began Kindergarten at St. Joseph's School for which they pay the tuition. 7. It is averred by the Plaintiffs that all interested parties agreed with the decision that Zane should live with his grandparents full-time based upon what was in the best interests of the minor child. 8. It is averred by Plaintiffs that the Mother carries a diagnosis of bi-polar and major depression and is addicted to marijuana. 9. It is averred by Plaintiffs that the Mother has been off her prescribed and necessary medications since prior to June, 2008. 10. It is averred by Plaintiffs that the Mother was committed into the Holy Spirit Outpatient Treatment Facility last week, but ejected out of the program for failing to attend even one day. 11. It is averred by the Plaintiffs that the Mother has failed to report to her job for the last several weeks and instead sleeps all day after smoking marijuana all night long. 12. It is averred by the Plaintiffs that neither the Mother nor the Father are in any condition to raise a six year old in a safe and clean environment. The apartment that the parties live in is filled with human waste, animal waste, garbage all over the floors, broken glass, rotten food and vermin; general filth and debris. 13. The Plaintiffs believe based upon discussions this morning that parents intend to remove the minor child from his enrolled school on Friday, October 3, 2008, and relocate to Mifflin County. 14. It is believed and therefore averred that if the child is permitted to leave with his parents he will be placed in a dangerous and unhealthy environment, an environment unfit for human health and welfare. 15. It is believed that Father has not paid any bills associated with their apartment and most bills have remained unpaid for months; hence, it is believed they are leaving to avoid the collection agencies. 16. The child has remained with the grandparents since August, 2008, who now desire to obtain a Court Order so that they can attend to any medical needs with the pediatrician, follow-up visits and emergency needs and register him for school, as well as, other extra-curricular activities that the child may become involved in from time to time. The Plaintiffs have no intentions of keeping the minor child from his biological parents; however, they do believe that this is in the best interests of the child to ensure adequate care, a clean environment and a loving home while the minor child lives in their home. 17. It is believed and therefore that neither the Mother nor the Father are in any condition to care for this child. 18. It is averred by the Plaintiffs that the Mother and the Father are being evicted from their home for failure to pay rent over the last four months, in addition to the absolute filth in which the parties are currently living. (See attached 26 photos taken by Plaintiffs on September 25, 2008, marked as Exhibit #1, and made a part of the record.) 19. The Plaintiffs have not participated as a party, witness or in any other capacity in other litigation concerning the custody of this child in this or another court. 20. The Plaintiffs have no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 21. The Plaintiffs do 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. 22. The Plaintiffs believe and therefore aver that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the Plaintiffs have primary physical custody of the child and that the Defendants have temporary physical custody of the child in accordance with this Court's Order. WHEREFORE, the plaintiffs respectfully request that the Court enter an order granting them shared legal and primary physical custody of the child as aforesaid; grant the request of Plaintiffs and award temporary physical custody of the minor child to the Grandparents, and order a hearing on the matter as soon as judicially possible. Dated: Ol Respectfully submitted, By 1 E ILIZAB TONE Supr Tetraneet, ID #6025 414 Bri P.O. Box New d, PA 17070 T eph-774-7435 At evs for Plaintiffs -1? g e t_ rTi JOHN C. and ROSE M. BAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMANDA M. and RODNEY W. BENNAGE, Defendants NO. 08-5835 CIVIL TERM IN RE: PETITION FOR EMERGENCY AND SPECIAL RELIEF ORDER OF COURT AND NOW, this 3"d day of October, 2008, upon consideration of Plaintiffs' Petition for Emergency and Special Relief, a hearing is scheduled for Thursday, October 9, 2008, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. -- Elizabeth B. Stone, Esq. 414 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiffs ,Amanda M. Bennage , Aodney W. Bennage _ 4150 Wertzville Road Enola, PA 17025 Defendants, pro Se :rc BY THE COURT, Wesley Oil , Jr., e°rY ??.?tly C? ,bs? Ler? rr7;2 I D/3/0 E3 I I E-- 100 goon A ?1 5 : N i o JOHN C. and ROSE M. BAKER, Plaintiffs V. AMANDA M. and RODNEY W. BENNAGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-5835 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of October, 2008, upon consideration of Plaintiff's Petition for Emergency and Special Relief and following a hearing, the record is declared closed and the matter is taken under advisement. /Elizabeth B. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070-1927 F r the Plaintiffs Amanda M. Bennage Rodney W. Bennage 302 1/2 High Street West Milton, PA 17886-8013 Defendants pro Se pcb CIO r7t,-& tLL ! D?I?IIl?j c? By the Court, VINYAIASNN3d AlNnm, Z: I I WV h 1130 BQOZ AMGW- ICAdd 3HI JO F: docs\fl\cust\shattocustodycompandagrmt ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN C. and ROSE M. BAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTT N - LAW NO. 2008--6 CIVIL TERM AMANDA M. AND RODNEY W. BENNAGE, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this ( day of 0Lj2008, upon presentation and consideration of the within complaint, 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 the minor male child, Zane Colley Bennage, born September 9, 2002, age 6 years of age). B. The Grandparents shall have primary physical custody of the minor child. C. Both Mother and Father shall have liberal visitation rights as the parties agree. ?`y?n yl? ? ?d 9 ? ?3a $pnZ 31?'j ?L c 7? ?? ?L?3????,??3113 D. The Grandparents and Mother and Father agree to share holidays and birthdays as agreed upon and as equally as possible. E. Neither Mother nor Father shall remove the child from the Commonwealth of Pennsylvania without first providing the Grandparents with an address, phone number where the custodial party can be reached in the event of an emergency. F. The parties shall have reasonable telephone contact, emails, or other contact as his age permits while Zane is in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning Zane and shall further take any necessary steps to insure that the health, welfare and well being of Zane is protected. H. The parties shall do nothing that may estrange Zane from the other parties or hinder the natural development of Zane's love or affection for the other parties. In the event of the breach of the agreement of the parties by any party, the non-breaching 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 to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. 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. K. 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. BY THE COURT.