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HomeMy WebLinkAbout04-2421IN THE COURT OF COMMON PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW YVONNE L. BAUGHMAN, Plaintiff BRIAN W. BAUGHMAN, Defendant : : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, YVONNE L. BAUGHMAN, by and through her attorney, Maryann Murphy, Esquire, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is YVONNE L. BAUGHMAN who resides as n Southmont Drive, Enola, Cumberland County, Pennsylvania 17o25. The Defendant is BRIAN W. BAUGHMAN who resides at 4470 Newman Road, Fayetteville, Franklin County, Pennsylvania 17222. o 5- with the following persons: ...Time birth-1999 The Plaintiff seeks primary physical custody of the following child: EMILY M. BAUGHMAN, born June 24, 1997 The child was born in wedlock. She currently resides with the Plaintiff. During the lifetime of the child, she has resided at the following addresses Address 23 South LeTort Drive Carlisle, PA With Whom Plaintiff/Defendant 1999-12/eoo3 12/2oo3-present 3 Hazelwood Path Meehanicsburg, PA 11 Southmont Drive Enola, PA Plaintiff/Defendant Plaintiff 6, The father of the child is BRIAN W. BAUGHMAN. He is single, having been divorced from Plaintiff. 7- The mother of the child is YVONNE L. BAUGHMAN. She is single, having been divorced from Defendant. 8. The child currently resides with Plaintiff. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. lo. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other Court. ll. The Plaintiff does not know ora 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. 12. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical custody, with shared physical custody in Plaintiff and Defendant. WHEREFORE, Plaintiffrequests this Honorable Court to grant her primary physical custody of EMILY. Respectfully submitted, PMB 240 4902 Carlisle Pike Mechanicsburg, PA ~7o5o (717) 730-0422 I.D. # 6190o Attorney for Plaintiff I, YVONNE L BAUGHMAN, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 49o4, relating to ]m.~worn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAir YVONNE L. BAUGHMAN, : Plaintiff : : v. :NO. : BRIAN W. BAUGHMAN, : Defendant : IN CUSTODY STIPULATION FOR ENTRY O1~ ~ '~ YVONNE L. BAUGHMAN (hereinafter referred to as "lViOq~rlER'~ ~BoT. ~ W. BAUGHMAN (hereinafter referred to as "FATHER").. desiring to amica~ttl~ndi~i resolve the matter of custody with respect to EMILY M. BAUGHMAN, born June-'~4, 1997,'the minor child involved tn this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of EMILY as follows: l. The parents agree to share joint legal custody of EMILY, born June 24, ~997. The parents agree that major decisions concerning their 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 an harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent· Each parent shall notify the other of any activity or circumstance concerning his or her 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. In accordance with 23 Pa.C.S.A. Section 53o9, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents agree that primary physical custody of the minor child shall be with MOTHER. 3. The parents agree that FATHER shall have partial physical custody of the minor child on alternating weekends from Friday at 5:oo p.m. until Sunday at 5:oo p.m., and at such other times as the parents may mutually agree. 4. The parents agree that they shall alternate the following holidays; New Years Day, Easter, Memorial Day, the Fourth of July, Labor Day and Thanksgiving. In 20o4 and in all even years thereafter, FATHER shall have New Years Day, Memorial Day, Labor Day and Thanksgiving, and MOTHER shall have Easter and the Fourth of July. In 2oo5 and in all odd years thereafter, FATHER shall have Easter and the Fourth of July, and MOTHER shall have New Years Day, Memorial Day, Labor Day and Thanksgiving. 5. The parents agree that they shall share Christma.,~ each year. In 2oo4 and in all even years thereafter, FATHER shall haw.~ Christmas Eve and MOTHER shall have Christmas Day. In 2oo5 and in all odd years thereafter, MOTHER shall have Christmas Eve and FATHER shall have Christmas Day. 6. The parents agree that MOTHER shall have Mother's Day weekend from Friday through Sunday, and FATHER shall have Father's Day weekend from Friday through Sunday each year regardless of the usual schedule. 7. The parents agree that they shall both have the Opportunity to see the minor child on her birthday each year. 8. The parents agree that each shall have four (4) weeks of summer custody with the minor child each year. Neither parent shall have more than two (2) consecutive weeks. 9. The parents agree that each shall be entitled to reasonable telephone contact with the child. lo. Both parents agree to establish a no-conflict zo:ae for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respet.~ully of the other whether it is believed the other reciprocates or not. Communication should always take place directly between the parents, without using the child as an intermediary. 11. The parents agree that MOTHER will be primary for medical, dental and vision coverage for the minor child, and FATHER will be secondary. 12. The parents agree that in the event of either of their deaths, the minor child shall be in the custody of the remaining parent. In the event of both parents' deaths, MOTHER and FATHER acknowledge that they have made provisions in their respective Wills for their daughter's care. 13- The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNE,~ WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Date witness ~/Y~rON~E ~L~UGHMAN Date Witness ~/ BR~q W~/ BAUGHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLMqD COUNTY, PENNSYLVANIA CIVIL ACTION - LA¥~r YVONNE L. BAUGHMAN, : Plaintiff : : v. J _. BRIAN W. BAUGHMAN, : Defendant : IN CUSTODY HAY 2 8 2004,~ ORDER OF COURT AND NOW, this 10~' day of ~ _, 2004, upon consideration of the attached Custody Stipulation dated May 19, 2004, IT lIS HEREBY ORDERED AND DECREED that custody of EMILY M. BAUGHMAN, born June 24, 1997, shall be as follows: ~. The parents shall share joint legal custody of EMILY, born June 24, ~997. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a viewtoward obtaining and following an harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affections of the child from the other parent. F~eh parent shall notify the other of any activity or circumstance concerning his or her 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. In accordance with 23 Pa.C.S~. Section 5309, each parent .shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. Primary physical custody of the minor child shall be with MOTHER. 3- FATHER shall have partial physical custody of the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 .p.m., and at such other times as the parents may mutually agree. 4. The parents shall alternate the following hoi[idays; New Years Day, Easter, Memorial Day, the Fourth of July, Labor Day and Thanks.giving. In 2004 and in all even years thereafter, FATHER shall have New Years Day, Memorial Day, Labor Day and Thanksgiving, and MOTHER shall have Easter and the Fourth of July. In 2005 and in all odd years thereafter, FATHER shall have Easter and the Fourth of July, and MOTHER shall have New Years Day, Memorial Day, Labor Day and Thanksgiving. 5. The parents shall share Christmas each year. In 2004 and in all even years thereafter, FATHER shall have Christmas Eve and MOTHER shall have Christmas Day. In 2005 and in all odd years thereafter, MOTHER shall have Christmas Eve and FATHER shall have Christmas Day. 6. MOTHER shall have Mother's Day weekend from Friday through Sunday, and FATHER shall have Father's Day weekend from Friday through Sunday each year regardless of the usual schedule. 7. Both pakents shall have the opportunity to see the minor child on her birthday each year. 8. Each parent shall have four (4) weeks of sum~aer custody with the minor child each year. Neither parent shall have more than two (2) consecutive weeks. 9. Both parents shall be entitled to reasonable telephone contact with the child. so. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Communication should always take place directly between the parents, without using the child as an intermediary. ~. MOTHER will be primary for medical, dental and vision coverage for the minor child, and FATHER will be secondary. ~2. In the event of either of the parents' deaths, 'the minor child shall be in the custody of the remaining parent. In the event of both parents' deaths, MOTHER and FATHER acknowledge that they have made provisions in their respective Wills for their daughter's care. ~3. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. , ;~',~LO¢ C',;.~.tO~a ~i. :tO