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Home My WebLink About10-0191John F. King Law, P.C. 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX iohnfkin =1g aw;'c?gmail.com FUM-OFFCE CF ?? ?-My 1010 JAN -6 AM 9: 03 Attorney for Plaint, COUMy P8"YNAW SCOTT BAILEY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 'U Docket No: ADRIENNE BAILEY CIVIL ACTION - IN CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Scott Bailey, residing at 137 Pine Tree Drive, Newville, PA 17241, Cumberland County. 2. The Defendant is Adrienne Bailey, residing at 9128 Preakness Drive, Florence, KY 41042. 3. Plaintiff seeks custody of the following Child: NAME PRESENT RESIDENCE AGE DOB Alexis Danielle Bailey 137 Pine Tree Drive 4 months 06/25/2009 Newville, PA 17241 The Child was born out of wedlock. The Child is presently in the custody of the Plaintiff, Maternal Grandfather, who resides at 137 Pine Tree Drive, Newville, PA 17241. During the past five (5) years, the Child has resided with the following persons s 1jq. 0 ? P4 J? &k j734 ?'?? g. 0A35- and at the following addresses: NAME RESIDENCE DATE Adrienne Bailey Carthage, NY DOB - 7/4/09 Adirenne Bailey 137 Pine Tree Drive 7/4/09 - 10/22/09 Scott Bailey (Plaintiff) Newville, PA 17241 Terri Bailey (Wife of Plaintiff) Caleb Bailey (Son of Plaintiff) Craig and Natalie Bishop 670 Yellow Hill Road 10/22/09 - 10/31/09 Adrienne Bailey Biglerville, PA 17307 Craig and Natalie Bishop 670 Yellow Hill Road 10/31/09 - 11/04/09 Biglerville, PA 17307 Scott Bailey (Plaintiff) 137 Pine Tree Drive 11/04/09 - present Terri Bailey (Wife of Plaintiff) Newville, PA 17241 Caleb Bailey (Son of Plaintiff) The Mother of the Child is Defendant, currently residing at 9128 Preakness Drive, Florence, KY 41042. She is single. The father of the Child is unknown. The Plaintiff has no information whatsoever regarding the identity or whereabouts of the natural father of the Child, nor is he aware of any manner in which he might gain such information.. 4. The relationship of the Plaintiff to the Child is that of natural maternal Grandfather. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Terri Bailey Wife Caleb Bailey Son 5. The relationship of the Defendant to the Child is that of Mother. The Defendant currently resides with the following persons: NAME Sara Mehfooz RELATIONSHIP Unknown 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 have 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 are in agreement that the relief being sought best addresses the child's current needs and interests. 8. Each known parent whose parental rights to the Child has not been terminated have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody and legal custody of the Child to Plaintiff/Maternal Grandfather. Dated: November L, 2009 Respectfully submitted, JOHN F. KING LAW, P.C. Jo n F. King, Esquire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION I, Scott Bailey, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing custody complaint; 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. Scott Bailey Dated: November Y-, 2009 ALE s--C)F L,E n Ji THE Fr T "' 107ARY 2010 JAN I I PM 1: 4 9 SCOTT BAILEY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PCW5YI V.A, .N -`J;0 Docket No: 4" ADRIENNE BAILEY CIVIL ACTION - IN CUSTODY Defendant. AGREEMENT FOR CUSTODY AND VISITATION TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Scott Bailey, and Defendant, Adrienne Bailey,, who, agreeing to be legally bound, do hereby stipulate and agree to the following: 1. The Plaintiff is Scott Bailey, residing at 137 Pine Tree Drive, Newville, PA 17241, Cumberland County. 2. The Defendant is Adrienne Bailey, residing at 352 B Whitewater Drive, Apt. 207, Bolingbrook, IL 60440. 3. The Plaintiff, Scott Bailey, (hereinafter referred to as "Grandfather"), is the Maternal Grandfather of the subject child, Alexis Danielle Bailey, born June 25, 2009. 4. Defendant, Adrienne Bailey, (hereinafter referred to as "Mother"), is the Natural Mother -;f th:: aforemeiitior?cd subject child. 5. Concurrent with the filing of this Agreement, Grandfather has filed a Complaint for Custody in which he seeks custody of the subject minor child, Alexis Danielle Bailey, and in which he does establish his standing to bring such a Complaint for Custody. 6. At the time of the birth of the child, and during the time thereafter, Mother has been unable to identify the identity of the child's natural Father. 7. The parties shall have joint legal custody of the child. Joint legal custody means the right of both parties to control and to share in making decisions of importance in the life of the child, including educational, medical and religious decisions. Both parties 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 parties share legal custody, non-major decisions regarding the child's da-y to day living shall be made by the party then having custody, consistent with other provisions of this Stipulation. Emergency decisions regarding the child shall be made by the party 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 partyt can become involved in the decision making process as soon as practical. The parties shall enjoy shared physical custody of the child on the following schedule: A. Mother shall enjoy custody of the child from time to time as she is available and as the parties agree. B. Grandfather shall enjoy custody of the child at all times in which the child is not in the custody of Mother. 9. 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. 10. 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. 11. The parties are free to modify the terms of this Order but, in order to do so, the Cou mal::;s t 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. 12. The parties agree this Stipulation may be entered as an Order of the Court. 13. A photostatic copy of this Stipulation shall be considered as valid as the original. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have set their hands and seals the day and year above written. WITNESS WITNESS Adrienne Bailey, Mother Scott Bailey, Father (notary on following page) STATE OF ILLINOIS COUNTY OF ss: On this, the Gday of 2009, before me a Notary Public, the undersigned officer, personally appeared Adrienne Bailey, 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 y hand and official seal. "OFrICIALSEAL" Notary Publi R,C)N Lt-,OTAPON Notgrv Pub;, , c+ f , of Illinois My corrvr ".ssir:n -..n Y-s 11-0?0?5//11/0? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On this, the 4 day of aAA,4i, Zott 2099 before me a Notary Public, the undersigned officer, personally appeared Bailey, 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. OF FT. ,g ••,SYLVAN1A _,__.__.._.....NU . ?iAl SELL SHARPY F; SE :,NS, Notary Public City ot Dauphin County ?. _o, Mir ?427'F71Tt1F - =;1 :?Y-..E.J?. L1A? Q 1 fill SCOTT BAILEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADRIENNE BAILEY 2010-191 CIVIL ACTION LAW IN CUSTODY DI,FENDANT ORDER OF COURT AND NOW, Thursday, January 07, 2010 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 Count Courthouse, Carlisle on Friday, January 29, 2010 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. GtlroyLEsq ?,,,? Custody Conciliator ?J'? 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 ,LEU'C,Fi'l JL 2010 JAIN -8 Ply 12-- ?- 2 JAN 12 2010 SCOTT BAILEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW O ADRIENNE BAILEY, NO. 2010-191 o 1 Defendant IN CUSTODY 7 ? ? ORDER c_. r r J r ?? ca AND NOW, this la day of January, 2010, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. (?? Hubert X. Gilroy, Es ire Custody Conciliator r JAN 1 2 7010 SCOTT BAILEY, Plaintiff V. ADRIENNE BAILEY Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: ¢' ^ /1 / CIVIL ACTION - IN CUSTODY ORDER AND NOW, on this \1,?? day of ? wp?w , , 20 10 , the foregoing Agreement for Custody and Visitation of the parties is made an Order of this Court. N\ ?AA v N' ? J. rl> c r , , ` 1 r W 79 X*?/ IC,1? A, t?l co Es LC P 3.1 cd L a