Loading...
HomeMy WebLinkAbout09-7654TERRY E. OTT, Plaintiff vs. ANGELA PALMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 9, q6,511 Civil Term : IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Terry E. Ott, who resides at 60 W. Main Street, Apt. 1, Walnut Bottom, Cumberland County, Pennsylvania, 17266. 2. Defendant is Angela Palmer, whose current address is 224 W. Main Street, Apt. 2, Walnut Bottom, Cumberland County, Pennsylvania, 17266. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Heaven-Lea Ott 8/9/06 shared between mother and father Mother and Father were never married. The parties currently share physical custody of the child. During the past five years, the child has resided equally with the following persons and at the following addresses: NAME Terry E. Ott Ebert Ott Elsie Ott (Paternal grandparents) Angela Palmer Betty Gladfelter (Maternal grandmother) ADDRESSES DATES 60 W. Main St. Apt. 1 birth - present Walnut Bottom, Pa. 224 W. Main St. Apt. 2 birth - present Walnut Bottom, Pa. The mother of the child is Angela Palmer. She currently resides at St. Apt. 2, Walnut Bottom, Pa. 17266. She is not married. 224 W. Main The father of the child is Terry E. Ott. He currently resides at 60 Apt. 1, Walnut Bottom, Pa. 17266. He is not married. W. Main St., 4. The relationship of plaintiff to the child is that of Father. The " resides with the child and paternal grandparents. plaintiff currently 5. The relationship of defendant to the child is that of Mother. Th currently lives with the child and maternal grandmother. a defendant 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 Plaintiff has no information of a custody Proceeding court. pending in a court of this Commonwealth or any other saconcerning the child Plaintiff does not know of a person not a party to the proceedings physical custody of the child or claims to have custody or visitation drights with respect to 7. The best interest and permanent welfare of the child will be se the relief requested because: The arties have been observinn nn ?ved b by granting arrangement fnr mm, - -* --"' "'tit It wnose parental rights to the child have not been terminated and the person who has physical custody of the child has been named action. as parties to this child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the Respectfully submitted, oate //V/O9 ne .Adams, Esquire D. No. 79465 17 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 I understand that false statements herein are made subject and correct. to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: // ! Y/' Ter ;yE O 4ftttla::: mtiff F+ 7 ?? yf alt=. CL? ? 4'i be /?S =SaPd AW4 TERRY E. OTT, Plaintiff vs. ANGELA PALMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oq, 7451/ Civil Term IN CUSTODY CUSTODY AGREEMENT bx This Custody Agreement is made thisA day of ocAoloe? , 2009, by and between Angela Palmer (Hereinafter referred to as "Mother"), of Walnut Bottom, Cumberland County, Pennsylvania, and Terry E. Ott, (Hereinafter referred to as "Father"), of Walnut Bottom, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natura; parents of one child, namely, Heaven-Lea Ott, born August 9, 2006; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their child, Heaven-Lea Ott, born August 9, 2006. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 'D Pursuant to this section, the parties agree that: I`P A. Each party shall confer with the other on all matters of importance %luuding but not limited to issues relating to the child's health and education. 4 ?C t' B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide a care for a child. + C. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of such records or information, and such information has not been provided to the other parent, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. D. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. To , 4i? L? 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Physical Custody of the child, as that term is defined in the custody act, shall be equally shared between the parties. 4. Schedule of Physical Custody. The parties shall share physical custody of the child on the following schedule: The parties shall share physical custody of the child on an equal basis. Specifically, the parties will share custody on a week-on, week-off schedule, with exchanges to take placep afternoon at a time and place agreed upon by the parties. /'1S 0 r 40 5. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. 6. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 7. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: fitness W s Terry E. , Father Date: Cb / 61 0 7 Ange jJ n r, M her Date: %d _2 I- eI 7 ?? b 2009 NOV -5 P i 3: 36 PEI TERRY E. OTT, Plaintiff vs. ANGELA PALMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~ , ~~~~ Civil Term IN CUSTODY ORDER NOV 0 9 2009 / AND NOW, this ~p~ day of ~vv , 2009, having reviewed the attached agreement between the parties dated October 29, 2009, it is hereby ORDERED and DECREED as follows: 1. Terry E. Ott and Angela Palmer shall have shared legal custody of their child, Heaven-Lea Ott, born August 9, 2006. 2. The parties shall equally shared physical custody as provided in the attached agreement. 3. The parties' agreement, dated October 29, 2009, shall be entered and incorporated into this Order of Court. cc: "Jane Adams, Esquire, for father '' Angela Palmer, mother I ~r~ By the Court: -"1~A ~itJ'r'vi : i I_~.i ..