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HomeMy WebLinkAbout08-5831T ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. ALLEN Plaintiff No. V. JENNIFER R. ALLEN Defendant Civil Action- Complaint for Child Custody / Agreed Order COMPLAINT FOR CUSTODY SEEKING STIPULATION FOR ENTRY OF AN AGREED ORDER 1. Plaintiff is Bernard J. Allen, (natural father), an adult individual, sui juris,residing at 25 Heckman Road, Newville, Cumberland County, Pennsylvania 17241. Jacob Michael Allen 25 Heckman Road IOy/o (DOB: 12-28-1997) Newville, PA 17241 2. Defendant is Jennifer R. Allen, (natural mother), an adult individual, sui juris, with a current mailing address of 17832 Cumberland Highway, Newburg, Cumberland County, Pennsylvania 17240 3. Plaintiff seeks custody of the following child: Name Address Age 4. The child was born of the marriage. 5. The child is presently in the primary physical custody of Bernard J. Allen. 6. During the last five years the child has resided primarily with Bernard J. Allen at the aforementioned address or if different as listed herein Name Address Date Bernard J. Allen 13099 Mtn Ave. 6-03/6-04 Orrstown, PA 17244 Y 01 7. The mother of the child is Jennifer R. Allen. 8. She is divorced. 9. The father of the child is Bernard J. Allen. 10. He is divorced. 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Jacob Michael Allen Son 12. The relationship of Defendant to child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Jackie Hosfelt Mother 13. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 14. 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. 15. The Parties have entered into an Agreement as to custody which has been filed contemporaneously with this Complaint. The parties believe the Agreement serves the best interests and permanent welfare of their minor child and seek to have the Agreement entered as an Order of Court. 16. 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 as parties to this action. All other persons, named 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 NONE 22. A copy of this Original Stipulation and this Complaint has been served on Defendant By mailing a copy first class mail postage prepaid. This Complaint will not be presented to the Conciliator as the parties have agreed upon the terms of custody and are only seeking court approval of an existing Agreement. WHEREFORE, Plaintiff, Bernard J Allen, respectfully requests that this honorable Court enter the Parties Stipulaion for An Agreed Order of Custody as an Order of Court. Respectfully Submitted, ROIVIINGER & ASSOCIATES ? 55 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff VERIFICATION LEE ERIC OESTERLING, ESQUIRE, states that he is the attorney for BERNARD J. ALLEN, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authoril Date: 10-1-2008 4r ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. ALLEN Plaintiff V. JENNIFER R. ALLEN Defendant No. Civil Action- Complaint for Child Custody / Agreed Order CERTIFICATE OF SERVICE Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned Custody Matter, deposes and says that on October 1, 2008 he mailed a copy of the Complaint for Custody Seeking Stipulation for an Agreed Order of Custody, Stipulation and Order filed in this matter by first class mail postage prepaid to the Defendant, Jenniffer R. Allen with a mailing address of 17832 Cumberland Highway, Newburg, Cumberland County, Pennsylvania 17240. Lee E. Oester?l squires " ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff ??? }nom \T 1 ` 4,A ? jr ) - C?l Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 249-2761 IN THE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. ALLEN Plaintiff, V. JENNIFER R. ALLEN Defendant No. 5-?'31 C) U ?/ 4aA Civil Action - Custody STIPULATION AND FOR ENTRY OF AN AGREED ORDER OF CUSTODY AND TO CONFIRM CONSENT 'p e/i THIS STIPULATION AND AGREEMENT entered into this Z day of? 2008, by and between Bernard J. Allen, (hereinafter referred to as "Father") and Jennifer R. Allen (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the natural parents of one (1) child, namely, Jacob Michael Allen, born December 28, 1997 (hereinafter "child"); and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. Mother and Father shall share legal custody of the children. In accordance there with, both Mother and Father will keep each other advised and informed of any important decisions or issues affecting the child, including but not limited to: (1) access to all medical records of the child including records of immunizations and inoculations; (2) notice within twenty four (24) hours to the non-custodial parent of any injury or illness of the child necessitating medical treatment or intervention; (3) notice to the non-custodial parent of any major medical procedure, operation or treatment to the child. (4) Access to all school records including report cards and progress reports. 2. Father shall have primary physical custody and is recognized as the primary caregiver for purposes of this Agreement, this is subject to Mother's partial physical custody rights as follows: A. Starting on Friday October 3, 2008 Mother shall have physical custody of the child every other weekend from Friday evening at 6:00 p.m. through Sunday evening at 6:00 p.m B. Father shall have all other periods of physical custody. C. The parties shall mutually agree upon a schedule for the holidays as they deem appropriate given there respective work schedules. D. Mother shall have one (1) week of uninterrupted vacation at the beginning of every summer vacation and (1) week of interrupted vacation in the midsummer to avoid conflict with the child's athletic schedule. E. Mother shall have additional time as the parties may mutually agree. 3. The parties shall have reasonable telephone contact with the child during the other parties periods of physical custody or visitation as the case may be and both Mother and Father shall make all efforts to ensure such contact. 4. The parties shall do nothing that may estrange the child from the development of the child's love or affection for the other party. 5. The parties will endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthful relationship that is in the best interests of their child. 6. The parties understanding the harmful effects of cigarette smoke agree that neither party shall smoke in close proximity to the child or subject the child to a an enclosed living environment where smoking takes place. 7. Neither party shall use alcohol to the point of intoxication in the presence of the children. 8. Neither party shall bring the children into the presence or care of anyone known to the parties to be a danger to others or who presents a threat to the children's physical mental moral or emotional health. 9. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 10. 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. 11. The parties hereby stipulate to the entry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands als the day and year herein set forth. (SEAL) Bernard I Aldn' (SEAL) 611ifer R. A)kn ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF & II be l a J :ss: BE rr REMEMBERED, that on thisOday of 200_F personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Bernard J. Allen, party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement. &-y Bernard J. Xflen Sworn to and subscribed before me the day, month and year aforesaid COMMONWEALTH Of PENNSrivANIA NOTARIAL SEAL BARBARA I.. STAKE, Notary Public Boro of Shfouensbuig, Cumoerland County My Commission Expires Aug. 8, 2011 11, Notary Public COMMONWEALTH OF PENNSYLVANIA ^' :ss: - & COUNTY OF Cbj'ft J?j?uu BE IT REMEMBERED, that on thidL%ay of 200-S, personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Jenniferr R. Allen party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. J nnifer R. lien Sworn to and subscribed before me the day, month and year aforesaid COMMONWEALTH OF PENNSYLVANIA nIn 'al IAL SEAL BARBARA 3_. STAKE, Notary Public Boro of Smooensnurg, C;umnerlaud County My Commission Expires Aug. 8, 2011 Ea I lara- (3? &iQ Notary Public CM, TI t`° CJ --t Lll A OCT 0' 3 i4, -el ?-' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. ALLEN Plaintiff V. JENNIFER R. ALLEN Defendant No. 6 ?-'5-r3I C)?FI le(,v, Civil Action- Complaint for Child Custody / Agreed Order ORDER AND NOW, this A day of O&ZL 1. , 2008, in consideration of the Compliant for Custody Seeking Stipulation for Entry of an Agreed Order of Custody filed by the parties to the above-captioned matter, and in further consideration that the parties have executed a Stipulated Agreement which outlines the parameters of an agreement as to legal and physical custody which they mutually believe to be in the best interest of their child(ren) it is ORDERED that the attached stipulation is hereby made an ORDER OF COURT as if fully set forth herein. D