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HomeMy WebLinkAbout09-3523 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. DOVERSPIKE, CIVIL ACTION Plaintiff V. ??a3 LORI A. DOVERSPIKE, CUSTODY Defendant COMPLAINT FOR CUSTODY (?/ / ;-Cvh'1 1. The plaintiff is John Doverspike who currently resides at an undisclosed location in Carlisle, Cumberland County, Pennsylvania. He receives mail at P.O. Box 658, New Kingstown, Pennsylvania, 17072. 2. The defendant is Lori Doverspike who currently resides at66 E. Main Street, Plainfield, Pennsylvania which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age Alisha Doverspike 66 E. Main Street, Plainfield, Pennsylvania 14 DOB 8/31/1994 Johnathon Doverspike 66 E. Main Street, Plainfield, Pennsylvania 7 DOB 8/23/2001 During the past five years, the children have resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Lori Doverspike and 66 E. Main Street, 3/2009- Jeffrey Beaver Plainfield, Pennsylvania Present Lori and John Doverspike Lori and John Doverspike Lori and John Doverspike And Marie Barrick (Lori's grandmother) 66 E. Main Street 2005-3/2009 Plainfield, Pennsylvania Diehl's Mobile Home Park During 2005 Carlisle, Pennsylvania Hamilton Street 2000-2005 Carlisle, Pennsylvania The mother of the children is Lori Doverspike. She is married, but separated. The father of the children is John Doverspike. He is married, but separated.. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons other than children: No one. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons other than the children: Jeffrey Beaver (fiancee) 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the children 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: Plaintiff has continuously performed parental responsibilities for the children and is willing and able to continue to act in the best interest of the children. Plaintiff has a strong relationship with the children. 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. WHEREFORE, plaintiff requests the court to grant him custody of the minor children. Coover, Esquire ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. DOVERSPIKE, : CASE NO. V. LORI A. DOVERSPIKE, Defendant : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I, John Doverspike hereby state that I am the plaintiff in the foregoing action and that the facts contained herein are true, correct and accurate to the best of my knowledge, information and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I " , -, ':?e ohn Doverspike Date: .`? / - rr ,t ire?-f ,7 TI. 2009 MAY 28 P I : 06 Q JOHN E. DOVERSPIKE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3523 CIVIL ACTION LAW LORI A. DOVERSPIKE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 03, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 25, 2009 at 9:30 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: /sl jacgueline M. Verne Es . 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 2009 JUN -3 Pf' 3' C J )' ': °? JOHN E. DOVERSPIKE, Plaintiff V. LORI DOVERSPIKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY STIPULATION/ORDER AND NOW, this 0A ay ?ay of iAL , 2009, it is hereby stipulated and agreed between the parties as *ows: 1. John E. Doverspike (hereinafter referred to as "Father") and Lori Doverspike (hereinafter referred to as "Mother) are the parents of Alisha Doverspike (DOB 8/31/1994) and Johnathon Doverspike (DOB 8/23/2001). 2. Shared legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the children's eduation, health, welfare, upbringing and religious training shll be made by the parties jointly. 3. Primary physical custody of the children shall be with Mother subject to the following periods of partial physical custody with Father: a. Father shall have custody of the children every Tuesday and Thursday from 4:00 p.m. until 9:00 p.m. b. Father shall have custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m. 4. In the event that Father is not able to exercise his periods of custody due to work-related absence, he will be entitled to make-up time at a time that is ip mutually agreeable to the parties. 5. Custody of the children shall alternate and rotate for the following holidays from 9:00 a.m. until 9:00 p.m.: a. On even-numbered years, Mother shall have custody of the children on New Years Eve, Memorial Day and Labor Day and Father shall have custody of the children on Easter, Fourth of July and Thanksgiving. b. On odd-numbered years, Mother shall have custody of the children on Easter, Fourth of July and Thanksgiving and Father shall have custody of the children on New Years Eve, Memorial Day and Labor Day. C. On even-numbered years, Mother shall have custody of the children from 9:00 a.m. until 3:00 p.m. on Christmas and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. that day. d. On odd-numbered years, Father shall have custody of the children from 9:00 a.m. until 3:00 p.m. on Christmas and Mother shall have custody of the children from 3:00 p.m. until 9:00 p.m. that day. 6. Mother shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's Day. 7. Mother shall have custody of the children for two non-consecutive uninterrupted weeks over the summer. Mother must give Father thirty days advance i notice of the weeks that she intends to exercise her uninterrupted weeks of custody. 8. Father shall have custody of the children for two non-consecutive uninterrupted weeks over the summer. Father shall give Mother thirty days advance notice of the weeks that he intends to exercise his uninterrupted weeks of custody. 9. While in the presence of the children, no party shall make or permit to be Y made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 10. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. 11. The parent receiving custody shall provide transportation of the children to effectuate the afore-mentioned custody exchanges. 12. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health, welfare and social events. 13. The parties are free to modify the terms of this Order by agreement, but only in the event that both parties completely consent to the modification. 14. In the event that either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WI SSTH: A Doverspike COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF PENN YLVANIA i6- On this j? day of , 2009, before the undersigned officer appeared LORI DOVERSP known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hanorid official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GI VALERIE F. GSELL, Notary Public Cadisle Soro., Cumberland County N TARY PUBLIC My Commission Expires October 9, 2010 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF PENN YLVANIA On this (`7 day of , 2009, before the undersigned officer appeared JOHN DOVERSP known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h*d And official seal. COMMONWEALTH OF PENNSYLVANIA U&'U4-- VALERIE NOTARIAL SEAL F. GSELL, Notary Public NOTARY PUBL (SEAL) Cadisle Bom, Cumberland County My Commission Expires October 9, 2010 _?r \Y on Doverspike ?sLl /F 7? 1 LiiC. 2GJ9 .;:J," K r i ; , r JUN 2 3 ,2009 JOHN E. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3523 CIVIL ACTION - LAW LORI A. DOVERSPIKE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 23`d day of June, 2009, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, lV` V acq line M. Verney, Esquire, Cu ody Conciliator I tii.._. .s?f ;? ?!',.? ?. r r' r, ,_?'? ? ?? ?. ?. ?;, ¦ JUN 2 2 2009r4 '5 JOHN E. DOVERSPIKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LORI DOVERSPIKE, Defendant ORDER AND NOW, this "'13? day of 2009, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. Distribution List: Sheri D. Coover, Esquire (Attorney for Plaintiff) 44 S. Hanover Street, Carlisle, PA 17013 Lori Doverspike (pro se) 66 East Main Street, Plainfield, PA 17081 2069 J ii; 23 A . t r