Loading...
HomeMy WebLinkAbout09-2291JENNIFER MACHIN, Plaintiff vs. ALEXIS MACHIN, Defendant 1. Plaintiff is Jennifer Machin, who currently resides at 21 Cornman Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Alexis Machin, whose current address is 203 Gettysburg Street, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Mariana Machin 1/14/2001 21 Cornman Road Carlisle, Pa. 17013 Mother and Father were married on July 1, 2005. Mother currently has primary physical custody of the child. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. oq - 2.291 Civil Term IN CUSTODY CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jennifer Machin Alexis Machin Jennifer Machin Alexis Machin 234 Marian Ave Carlisle, Pa. 17013 2122 Douglas Drive Carlisle, Pa. 17015 2003 - Aug. 2005 Aug. 2005 - Nov. 2008 Jennifer Machin 21 Cornman Road Nov. 2008 - present Stuart Jumper Carlisle, Pa. 17013 Martha Jumper (Maternal grandparents) The mother of the child is Jennifer Machin. She currently resides at 21 Cornman Road, Carlisle, Cumberland County, Pennsylvania. She is married to Alexis Machin. The father of the child is Alexis Machin. He currently resides at 203 Gettysburg Street, Dillsburg, York County, Pennsylvania. He is married to Jennifer Machin. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child and maternal grandparents, Stuart and Martha Jumper. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with his girlfriend Brittany Hillegas (20), and his other children, Michael Machin (15), Amanda Machin (18), and Alexis Machin, Jr. (19). 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on November 22, 2008 when Mother left the marital home with the child. Father has had periods of partial custody with the child, which have generally consisted of every other weekend. Mother is seeking a custody Order which would confirm that she has primary custody of the child provide for legal custody, and define periods of partial custody for Father. This request is the in the best interest of the child because it would provide stability for the child and ensure contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the oata Respectfully submitted, J e Adams, Esquire 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. Date: 3 /-31 iC96 Jen fifer Vc in, Plaintiff 19 ICE FIUED-, 11- OF THE PP,7! `,,`.`'"NARY 2009 APR 13 Pik 1: 32 c?+ s? R.4 ?s4? %d - JENNIFER MACHIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2291 CIVIL ACTION LAW ALEXIS MACHIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 2009 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 28, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Hubert X. GRro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FfLFU-s F ;(DF OF HE' FRI"," ;TAR! 2009 APR 21 PH 12: 51 Cl T ° ; u iIdTY f't_1 V 4° k 4( i 4 r JENNIFER MACHIN, Plaintiff VS. ALEXIS MACHIN, Defendant JUN 0 7009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-2291 IN CUSTODY COURT ORDER AND NOW this da of June 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is schedule in Court Room No. ,7 of the Cumberland County Courthouse on the 15" _ . day of ?, 2009 at ;m. The purpose of this hearing shall be solely to addre !'s the issue of the father's ability to take the minor child in this case to Florida or other locations outside of the Commonwealth of Pennsylvania and the father's request to have that visitation handled with transportation via an airplane. 2. Pending further Order of this Court, the following Custody Order is entered: A. The father, Alexis Machin, and the mother, Jennifer Machin, shall enjoy shared legal custody of Mariana Machin, born January 14, 2001. B. The mother shall enjoy primary physical custody of the minor child. C. The father shall enjoy liberal periods of temporary custody of the minor child at such times as agreed upon by the parties. D. Each parent shall enjoy reasonable telephone contact with the minor child when she is in the custody of the other parent. E. Father shall also enjoy at least two weeks of vacation time with the minor child, which weeks shall not be consecutive. However, the vacation shall be subject either an agreement of the parties on how transportation will be handled or a resolution of that issue at the hearing as set fgWi BY cc: JJe Adams, Esquire ?/Mr. Alexis Machin 00F 1 's rnz E z-Nlo? Judge bIWlt-MNtOd 10 M Wd I- Imo' 6NZ I % -40 1? r- JENNIFER MACHIN, Plaintiff VS. ALEXIS MACHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-2291 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mariana Machin, born January 4, 2001. 2. A Conciliation Conference was held on May 28, 2009, with the following individuals in attendance: The mother, Jennifer Machin, who appeared with her counsel, Jane Adams, Esquire, and the father, Alexis Machin, who appeared without counsel. 3. The parties generally agree upon a custody order but there is an issue with respect to father's desire to take the child to Florida for vacation with his family. Mother has concerns about the child going on an airplane. The parties may need to work that issue out. However, in the event they cannot work that issue out, a hearing is needed to address that matter. 4. The Conciliator recommends an Order in the form as attached. Date:, 2009 Q - Hubert X. Gilroy, E uire Custody Conciliator JENNIFER MACHIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2291 CIVIL TERM ALEXIS MACHIN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 2009, by agreement of the parties, the stipulation and agreement is adopted as an order of Court. Jane Adams, Esquire Attorney for Plaintiff .i mr. Alexis Machin 207 Gettysburg Street Dillsburg, PA 17019 Defendant, Pro se srs 1.:.0(?t ES rYt?.t?? ??fZ l d? -Z Edward E. Guido, J. OF THE (^„!. :,,,!'GARY 2009 JUN 17 AIM 9: 02 a •? JENNIFER MACHIN, Plaintiff vs. ALEXIS MACHIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - 2291 Civil Term IN CUSTODY Defendant AFFIDAVIT OF SERVICE The undersigned Affiant, upon oath, deposes and says: 1. 1 have reviewed the attached stipulation and agreement, which is marked as "Plaintiff's Exhibit 1" and was presented at the hearing of June 15, 2009. 2. Such stipulation is an accurate copy of the stipulation and agreement, which was incorporated into the Order entered by this Honorable Court on June 15, 2009. Signed ?J ne Adams, Esquire 1 West South Street arlisle, Pa. 17013 717) 245-8508 Attorney for Plaintiff Sworn to and Subscribed before me this day of Jul l %/ 2009. ?,Vlx'x m. AXX-j N ary Public COMMONWEALTH OF PENNSYLVANIA NoWWSed PpLdAc MimbK, PenRavlvania gsaUon of Notafbs Jun 15 09 02:52p Alex Machin 717-502-6348 p.1 JUN-y 5??0091 MDh} 13:58 N. uu i /0V i JENNIFER MACHIN, Plaintiff VS. ALEXIS MACHIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - 22,91 Civil Term IN CUSTODY STIPULATION AND AGRE9MENT AND NOW, this day of .rune, 2009, it is hereby stipulated and agreed as follows: The parties agree that Father may take the child. Mariana Machin, date of birth, January 14, 2001 for two non-consecutive weeks of vacation, per calendar year, when the child is out of school, or when the child has an excused absence from school. A week shall consist of a total of seven overnights, which shall not be added to another period of Father's custody. In addition, the following conditions shall apply: _ 1. Father shall give Mother at least fourteen (14) days notice of the dates of the proposed trip, and immediately upon receipt, will provide all information pertaining to the trip, including a copy of the itinerary, flight number and/or ticket, the departure date and time, the return date and time, and the location, address, and phone numbers of all places where father and the child will be staying at during the vacation. 2. The trip shall last no longer than seven ovemights. 3. Father shall provide reasonable telephone contact with the child to Mother during the vacation. Reasonable telephone contact means a call from the child to Mother at least every other day. 4. Under no circumstances shall the child leave the United States. 5. Mother's consent to said trip shall not be unreasonably refused provided Father supplies the required information and makes his request in a timely fashion. However, should Mother have a good reason for denying Father's initial request for a trip, she shall do so within two (2) days after Father's request. If Father does not supply the information required (i.e., flight number, itinerary, phone numbers, addresses) regarding the trip before the final departure, Mother may refuse to allow the child to go on the trip. Witnesseth: eelc- Alexis Machin, Father Date: PLAINTIFF'S Je fifer M her EXHIBIT Date: w F1LF???--i ;?=n:f OF THE 2GQ9 JUL - 7 AM UO: 2 ;,