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HomeMy WebLinkAbout04-1575LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C CIVIL ACTION- LAW CUSTODY 2. Dauphin, PA 17018. 3. Plaintiff seeks custody of the following children: Name Present Address COMPLAINT FOR CUSTODY Plaintiffis Lori Bittinger, residing at 15 Covert Street, Enola, PA 17025. Defendant is Richard L. Bittinger, Jr., residing at 730 Mountain Road, Christopher Bittinger Stephen Bittinger 15 Covert Street Enola, PA 17025 15 Covert Street Enola, PA 17025 Date-of-Birth April 9, 1986 January 7, 1992 The children were bom in wedlock. The children are presently in the custody of Plaintiff, who resides at 15 Covert Street, Enola, PA 17025. 5. During the past five (5) years, the children have resided with the following persons the following address: Name Loft Bittinger Loft and Richard Bittinger Address 15 Covert Street Enola, PA 17025 15 Covert Street Enola, PA 17025 Dates Date of separation to present. All times prior 6. The mother of the children is currently residing at 15 Covert Street, Enola, PA 17025. She is married. 7. The father of the children is currently residing at 730 Mountain Road, Dauphin, PA 17018. He is married. 8. The relationship of Plaintiffto the children is that of Mother. Plaintiff currently resides with the following persons: Name Relationship Christopher Child Stephen Child 9. The relationship of Defendant to the children is that of Father. Defendant currently resides alone. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person not a party to this proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested. 14. Each parent whose parental rights to the children have been terminated and the person who has physical custody of the children have been names as parties to this action. WHEREFORE, Plaintiffrequests the Court to enter an Order consistent with the parties' Stipulation attached hereto as Exhibit "A." Respectfully submitted, Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff Loft Bittinger VERIFICATION I, Lori Bittiner, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: LORI BITTINGER O LORI BITTINGER, Plaintiff RICHARD L. BITT1NGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY STIPULATION OF CUSTODY AND NOW comes Lori Bittinger, with her counsel, REAGER & ADLER, PC and Richard L. Bittinger with his counsel SILLIKER & REINHOLD, and after consideration of the best interests of the children, enter into the following Stipulation: WHEREAS, the parties are the natural parents of two children, namely Christopher Bittinger, date-of-birth April 9, 1986, and Stephen Bittinger, date-of-birth January 7, 1992; WHEREAS, the parties are separated and wish to create a custody schedule; and WHEREAS, the parties have given due consideration to the best interests of the children; WHEREAS, the parties agree that this agreement will only apply to Stephen, as Christopher will graduate from high school within four months of this stipulation. THEREFORE, intending to be legally bound: 1. Legal Custody: The parties agree to shared legal custody of the said minor child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody: Mother shall have primary physical custody of the minor child. Father shall have rights of partial custody as follows (1) Every other weekend, Friday at 2:45 p.m until Sunday at 7:00 p.m. (2) Two evenings per week from 2:45 p.m until 7:00 p.m. the weekend following Wife's weekend. (3) Three evenings per week from 2:45 until 7:00 p.m. the week preceding Wife's weekend. 3. Vacation: Each party reserves the right to take two non-consecutive weeks of vacation in any calendar year. The week shall be defined as a seven (7) day period inclusive of the parties' weekend. Each party agrees to provide the other with thirty (30) days notice of the intent to take vacation. Holiday~: The parties agree that they shall alternate the following holidays; (a) Thanksgiving shall be defined as Wednesday at 4:00 p.m. through Sunday at 7:00 p.m. The parties shall alternate the holiday with Mother having custody in the year 2004 and alternating thereafter. (b) The parties shall share the Christmas holiday to be defined as follows: Schedule A December 24 at 12:00 p.m. until December 25 at 12:00 p.m. (c) (d) 2. Scheduled B December 25 at 12:00 p.m. until December 26 at 12:00 p.m. Mother shall have scheduled A in the year 2004 and in even years thereafter. All other holidays as the parties agree. Father shall have custody on Father's Day and Mother shall have custody on Mother's Day 5. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 6. Death or Disability: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the child, then custody shall automatically vest in the other party. 7. Address and Telephone Numbers of Parties: Both Father and Mother must keep each other informed of any changes of address or change of telephone number. Any changes in address or telephone number shall be immediately forwarded to the other party. 8. Notice of Whereabouts/Illness: Each party agrees to keep the other reasonably informed about the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. 9. Telephone Contact with Child: Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return telephone calls or messages lefi by the other party regarding the child. 10. Disparaging Remarks: Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 11. Supercedes of Prior Court Orders: This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior Court Orders, Stipulations or Agreements. 12. Modification: Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hand and seals and on the date first written above. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing Complaint in Custody was served on the following individuals via United States First Class Mail, postage prepaid as follows: Kfisten R. Reinhold, Esquire 5922 Linglestown Road Hardsburg, PA 17112 Dated: ~eD'e~in Ca or, Esqmre 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorney for the LORI BITTINGER, Plaintiff V. RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLA]XrD COUNTY, PENNSYLVANIA NO. 0¥-/:r75~ CIVIL ACTION ~ LAW CUSTODY ORDER AND NOW, this I~~ ~ day of attached hereto as Exhibit "A" is hereby made an Order of Court. ,2004 the Stipulation