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HomeMy WebLinkAbout09-7669JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 TASIA M. MARTIN, Plaintiff V. RYAN A. ILGENFRITZ, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 9 ' -7?' o ? C ;v ; I -te-6n1 CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY I . The Plaintiff is Tasia M. Martin, residing at 614B Baltimore Street, Mt. Holly Springs, PA 17065. 2. The Defendant is Ryan A. Ilgenfritz, residing at 14 Eastwick Lane, Carlisle, PA 17013. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Camdyn R. Ilgenfritz 614B Baltimore Street 1 yr 09/22/2008 Mt. Holly Springs, PA 17065 The child was born out of wedlock. The child is presently in the custody of Mother, who resides at 614B Baltimore Street, Mt. Holly Springs, PA 17065. Since birth, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Tasia M. Martin and Ryan A. Ilgenfrritz 6 Terri Drive Carlisle, PA 17013 From date of birth to 06/09 Tasia M. Martin and Ryan A. Ilgenfritz Tasia M. Martin 14 Eastwick Lane Carlisle, PA 17013 614B Baltimore Street Mt. Holly Springs, PA 17065 From 06/09 to 10/7/09 From 10/7/09 to Present The Mother of the child is Plaintiff, currently residing at 614B Baltimore Street, Mt. Holly Springs, PA 17065. She is single. The Father of the child is Defendant, currently residing at 14 Eastwick Lane, Carlisle, PA 17013. He is single. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: the subject child. 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides alone. 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: A. It will be in the best interest of the child to establish a formal custody order allowing for periods of custody 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, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Mother. Dated: November, 2009 Respectfully submitted, JOHN F. KING LAW, P.C. J F. King, Esquire -AW 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION I, Tasia M. Martin, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. - - I& Z I C-z-4 i+TasiM. in Dated: 10116 7 LPL +t=r-(CE I.. riF THE PRO i t,D ' 0 GARY 2009 Noy -6 PH J: 29 $I(a5.50 PbATT`I ax'M` x'710 kT* A33r0a • TASIA M. MARTIN, V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RYAN A. ILGENFRITZ, Defendant NO. Qq--7 (0(o / CIVIL ACTION - LAW CUSTODYNISITATION AGREEMENT FOR CUSTODY, PARTIAL CUSTODY AND VISITATION TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Tasia M. Martin, hereinafter referred to as "Mother", and Defendant, Ryan A. Ilgenfritz, hereinafter referred to as "Father", who, agreeing to be legally bound, do hereby stipulate and agree to the following: 1. The parties are the natural parents of a child namely, Camdyn R. Ilgenfritz, born September 22, 2008. 2. The parties shall have shared legal custody of their son. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Each party shall notify the other party of any medical, dental, optical and other appointments with health care providers sufficiently in advance thereof, so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions regarding the child's day to day living shall be made by the parent then having custody, consistent with other provisions of this Stipulation. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall as soon as practicable communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. 3. Mother and Father shall have joint custody of the child. 4. Father shall enjoy custody of the child, as follows: A. Every Tuesday and Wednesday, commencing at 1:30 PM on each day and ending at 10:30 PM on each day. B. Every other Saturday AM until 10:30 PM, except that on one weekend in each month, the visitation will begin on Friday. The starting time of this weekend visitation shall be determined between the parties by communication from time to time. C. Holidays - on the holidays of Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas, each parent shall enjoy a period of physical custody, in a fashion to be determined by the parties by communication from time to time. For Mother's Day, the Mother shall always have custody of the child and for Father's Day, the Father shall always have custody of the child, the times to be determined by the parties by communication from time to time. D. Transportation - the child shall be dropped off at the other parent's residence by the parent relinquishing custody of the child. T . 11 The non-custodial parent shall have the right of first refusal in any instance in which the custodial parent requires daycare/babysitting for a period of time for four (4) hours or longer. In such instance, the custodial parent shall inform the non-custodial parent of such anticipated daycare/babysitting, as soon as they have determined the need thereof. 6. The parties shall refrain from making derogatory remarks about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 7. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure to the extent possible that other household members and/or house guests comply with this prohibition. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 8. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. The parties agree this Stipulation may be entered as an Order of the Court. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have set their hands and seals the day and year above written. (Signatures and notaries on next page) WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On this, the -2r day of C d , 2009, before me a Notary Public, the undersigned officer, personally appeared Tasia M. Martin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publi COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On this, the;-9day of Oj , 2009, before me a Notary Public, the undersigned officer, personally appeared Ryan A. Ilgenfritz, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. )6" A?' Not ublic AND NOW, on this day of , 20 , the foregoing Stipulation of the parties as to Custody is made an Order of this Court. J. OF THE P;,:, TAPY 11 '. i 1 0 2009 1++ - 9 CE.+W- _ ? NOV 10 2009 ? TASIA M. MARTIN, Plaintiff V. RYAN A. ILGENFRITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq- 76 6 9 CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT AND NO'Vv', this 10day of Q OV4.Nnb r _, 2009, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties, are adopted as an Order of Court. BY THE COURT: 'TV A. 4 J. G) l rtfil 1 2 Il/,;L/O F - oop I ;Es 1,.,L ig4-k( J . Wi,; ? I, 4 TASIA M. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-7669 CIVIL ACTION LAW RYAN A. ILGENFRITZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 14, 2009 at 10:00 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/ John L. Man an r. Es . jai Custody Conciliator IV' 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 ,., ? -,