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HomeMy WebLinkAbout09-1840STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF RICHARD E. GARBER, Plaintiff V. ALEXANDRIA M. ROBERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAW C? ca .fJ CIVIL ACTION - LAW -, : NO. 2009- ?(0 CIVIL TERM : IN CUSTODY -? COMPLAINT FOR CUSTODY C? -n ? e =5 gi=n -?c NOW comes the plaintiff, by his attorney, Stacy B. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Richard E. Garber, an adult individual residing at 50 West Oakwood Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Alexandria K Roberson, an adult individual residing at 402 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children namely, Tia Ni Garber (born September 6, 2002, age 6) and Keira E. Garber (born February 15, 2008, age d). 4. The children have resided primarily with the plaintiff and the defendant since the children's birth. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The 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. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, with the plaintiff having primary physical custody of the children and the defendant having periods of partial physical custody of the children. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, Tia M. Garber (born September 6, 2002, age 6) and Keira E. Garber (born February 15, 2008, age d). B. The Father shall have primary physical custody of the children. C. The Mother shall have periods of partial physical custody of the children as follows: 1. Every Monday, Wednesday, and Friday while Father is at work. 2. Weekends by agreement with Mother having no less than one weekend per month. D. The parties shall share physical custody of the children on holidays and on the children's birthdays by agreement of the parties. E. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. F. The parties shall share transportation, such that the receiving party shall be responsible for transporting the children. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. R The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. J. Neither party shall consume alcohol or use any drugs in the presence of the children. K. Should Father desire to relocate from Cumberland County, Father must obtain Mother's consent or court permission. L. In the event of the breach of the agreement of the parties by any party, the nonbreaching 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. K 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. N. 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. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the children as aforesaid. 2009 4STACY OLF Attorney for Plaintiff VERIFICATjn . AND CONFIRNLAT?ON OF AGRFEIENT We do hereby verify that the facts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.GS. § 4904, relating to unworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. rc"r 2009 (SEAL) ?. , 2009 (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, thevq_ day of _ M qd2;,k- , 2009, before me, the undersigned officer, personally appeared RICHARD E. GARBER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I h17-!'Notary nto set my hand d official seal OOMMOWMALTH OF Notiti l Sad (SEAL) Natlwn C. wolf, Notary Public Cwk* wo, Cwnwwww county ©WWW9 fan 19, 2012 P li NOOK 111001INYMM A0116=011 of NCWM COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the o?)L( day of AAa-rr.t.. , 2009, before me, the undersigned officer, personally appeared ALEXANDRIA M. ROBERSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my d official seal. COMMONMALTH OF PENNSYLVANIA (SIRAL) Nofadd Sad mftn C. wolf, Notary Public Not c Caf fde am, Cwnmftnd County Conn WM Ap1819, 2012 Maim, Pennw anla Anodatlon of Notwla ?"?? f?S Ca ?? _?... "?-'?3 I"?Z r ' - . S ? ?: ? ? ... o ,..? c r ? ? :' ? Q - .?? rtia +? a? ?"? MAR 2 6 2009 3 RICHARD E. GARBER, Plaintiff V. ALEXANDRIA M. ROBERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.2009- ! U CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 2? day of f , 2009 upon presentation and consideration of the within complaint and the 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 their minor children, T"ia M. Garber (born September 6, 2002, age 6) and Keira E. Garber (bom February 15, 2008, age Q). B. The Father shall have primary physical custody of the children. C. The Mother shall have periods of partial physical custody of the children as follows: 1. Every Monday, Wednesday, and Friday while Father is at work. 2. Weekends by agreement with Mother having no less than one weekend per month. D. The parties shall share physical custody of the children on holidays and on the children's birthdays by agreement of the parties. E. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. F. The parties shall share transportation, such that the receiving party shall be responsible for transporting the children. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. J. Neither party shall consume alcohol or use any drugs in the presence of the children. K. Should Father desire to relocate from Cumberland County, Father must obtain Mother's consent or court permission. L. In the event of the breach of the agreement of the parties by any parry, the nonbreaching 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. M. 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. N. 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. Distribution: /tacy B. Wolf, Esquire For Plaintiff Alexandria M. Roberson Pm Se cn ?? ?, std