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HomeMy WebLinkAbout10-2952STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF Fff P,1 r f 7ARY 2 10 ?KY -3 PH 3: 54 DIANE DIEFFENDERFER, : IN THE COURT OF COMMO AS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRIDGET M. CLARK and : NO. 2010 - a55 U CIVIL TERM CHRIS L. RODRIGUEZ, Defendants : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Stacy B. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Diane Dieffenderfer, an adult individual residing at 1043 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendants are Bridget M. Clark, an adult individual residing at 7386 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015 and Chris L. Rodriguez, an adult individual currently incarcerated at the Dauphin County Prison, 501 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. The plaintiff is the paternal grandmother of, and the mother and father are the natural parents of two minor children namely, Tahlia M. Rodriguez (born October 25, 2005, age 4) and Joseph W. Rodriguez (born January 27, 2008, age 2). 4. The children are currently residing with the plaintiff. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 'elol ??,?9 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the plaintiff have sole legal and primary physical custody of the children, with the defendants having periods of partial physical custody of the children from time to time, in accordance with their mutual agreement. 9. All parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The Grandmother shall have sole legal custody of the minor children, Tahha M. Rodriguez (born October 25, 2005, age 4) and Joseph W. Rodriguez (born January 27, 2008, age 2). B. The Grandmother shall have primary physical custody of the children. C. The Mother and Father shall have periods of partial physical custody of the children from time to time as the parties may agree. D. In the event of the breach of the agreement of the parties by any party, the nonbreaching parry shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. E. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. F. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendants respectfully request that the Court enter an Order providing for the legal and physical custody of the children as aforesaid. a , 2010 STAGY B. LF Attorney for Plaintiff VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. 4pait a7 ,2010 2010 ,Ai9r, ( 30 72010 ._- ?Q,?, (SEAL) V? AL) } -(SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the -;K-7 day of 141A) L , 2010, before me, the undersigned officer, personally appeared DIANE DIEFFENDERFER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal (SEAL) Nathan C. Wolf, Notary Public Cariisle Boro, Cumberland County Not P ?C My Commission Expires April 19, 2012 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the 7 7 day of 2010, before me, the undersigned officer, personally appeared BRIDGET M. CLARK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h official seal. COMMONWEALTH OF PENNSYLVANIA (SEAL) Notarial Seal Nathan C. Wolf, Notary Public Nota Carlisle Boro, Cumberland County ?' My Commission Expires April 19, 2012 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF DAUPHIN On this, the ? day of rf , 2010, before me, the undersigned officer, personally appeared CHRIS L. RODRIGUEZ, own to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I here t y ha nd a s (SEAL) tary Pub 'c COMMONWEALTH OF PENNSYLVANIA Notarial Seal John A. Addison Jr., Notary Public Swritara Twp., Dauphin County. MY Corm mion Aprl 2"l 2 of Notaries Notaries Member, Pennsylvania Ass=18114"