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HomeMy WebLinkAbout01-1029BRIAN BELANGER, Plaimiff CHERYL A. ALBERT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - Jo2'~ CIVIL TERM CIVIL ACTION ~ LAW : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Brian Belanger, by and through his attorney, James J. Kayer, Esquire and avers as follows: 1. Plaintiff is Brian Belanger, an adult individual, residing at 2161 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Cheryl A. Albert, an adult individual whose current address is 267 Main Street, Apt 11, Bristol; CT, 06010. 3. Plaintiffseeks custody of the following child: Name Presem Residence Age Shaina Lynn Belanger, 2161 Newville Road, Carlisle, PA, bom May 28, 1997. The child was bom om of wedlock. The child is presently in the custody of the Plaintiff. During the past five years, the child has resided with the following person(s) at the below address(es): Birth until January 1999; With mother and father at 536 N. Pitt Street, Apt B, Carlisle, Cumberland County, PA. January 1999 until February 2000; With mother and father at 809 Factory Street, Carlisle, Cumberland County, PA. February 2000 until June 2000; With mother and father at Old Main Street, Eagle Lake, Maine. June 2000 until July 2000; With mother at Old Main Street, Eagle Lake, Maine. July 2000 until September 2000; With mother and maternal grandmother, Bernadette Paradis and step maternal grandfather, Dan Paradis at their home in Maine. September 2000 to Present; With father at 2161 Newville Road, Carlisle, Cumberland Comity, PA, 4. The mother of the child is Cheryl A. Albert, an adult individual whose current address is 267 Main Street, Apt. #11, Bristol, CT, 06010. 5. The father of the child is Brian Belanger, an adult individual, whose current address is 2161 Newville Road, Carlisle, Cumberland County, PA. 6. The relationship of Plaintiffto the child is that of the father. The Plaintiffcurrently resides with the following person(s): Name Relationship Andrea Gagnon Fianc6e The relationship of the defendants to the child is that of father and mother. 7. 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. 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. 8. The last visit that the child has had with the mother was during Thanksgiving. The Parties have had a verbal agreement for a month on month offcustody arrangement but mother has not followed through on this arrangement. 9. The best interest and permanent welfare of the child will be served by granting primary physical custody of the child to the Plaintiff. The child has adjusted well to time with the father and has a good relationship with the father's fiancee. The Defendant has made no effort to see the child since September 9, 2000 despite verbal reassurance that she still cares for the child. Granting primary physical custody to the Plaintiff better ensures that the child shall remain in a stable environment. 10. 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 as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address None Basis of Claim WHEREFORE, Plaintiffrequests the court to grant custody of the children to Plaintiff. Respectfully submitted, Ka~,e~ ~Att~3he '~(~Pwnlaintig 4 E~ib ,~.r~yJA~Avenue Carl'/sle. P)k 17013 Superior Ct. I.D. 50838 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my cotmsel and myself in the prep~ation of this action. The language of the document may, in part, be tl~e language o£my com~sel an~i not my own. I have read the statements made in this document ,-md to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of tbs statements are that ofcounsel~ I have relied upon counsel in mak/ng this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. ,q, 4904, relating to unsworn falsification to authorities. Date: ~.-/~-- d/ CERTIFICATE OF SERVICE I hereby certify that a tree copy of the foregoing PETITION FOR CUSTODY was served on the following persons by Certified, Restricted Delivery, Return Receipt Request, First-class mail, postage prepaid, by forwarding a tree and correct copy unto: Cheryl A. Albert AptS. 11 267 Main Street Bristol CT 06010 Date James~l. Kaye rEs~16ire 4 EaSt Liberty/ ,renu' e Liberty Loft/ Carlisle, PA ~7013 (717) 243-7922 BRIAN BELANGER PLAINTIFF V. CHERYL A. ALBERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1029 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 28, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumbertand County Courthouse, Carlisle on Wednesday, April 11, 2001 at 9:30 a.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ ]acqueline M. Verney, Es~ Custody Conciliator ~ v The Cottrt 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 hear/ng or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATFORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRIAN BELANGER, Plaintiff CHERYL A. ALBERT Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLTNTY, PENNSYLVANIA : : NO. 01 - 1029 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, BRIAN BELANGER, and that he did serve a true and correct copy of the Petition for Custody that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, CHERYL A. ALBERT, on March 12, 2001. The receipt form is attached hereto as Exhibit "A". Jar~)J~;~e/rr,~quire Sworn to and subscribed before me this 14th day of March 2001. NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Car~ : Cou~y of Cumberland My Commissi~. Expires Aug. 30, 2004 ! Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiese, or off the front if space permits. 1, Art~[ Addressed to: i 2. ~rticle Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt If YES, enter delivery address below: [] No 3. Se~ice Type [~b-'~'ified Mail [] Express Mail (Jl~,emd ~ Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ EXHIBIT "A" STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, CHERYL A. ALBERT, by and through her attorney, James J. Kayer, Esquire, and BRIAN BELANGER, by and through his attorney, James J. Kayer, Esquire, and do stipulate ~agr~i~upon~ the following: -~' ~'.~. : .' 1. CHERYL A. ALBERT and BRIAN BELANGER are the natural parents of off6~. Yaino~ ~hil~l, SHAINA LYNN BELANGER bom May 28, 1997. ~, -~ 2. Primary physical custody of the minor child, SHAINA LYNN BELANGER, shall be placed in the father, BRIAN BELANGER. 3. The parties shall have shared legal custody of the minor child, SHA1NA LYNN BELANGER. 4. The Mother, CHERYL A. ALBERT, shall have certain rights of partial physical custody of the minor child so long as she provides reasonable notice, Mother may have custody of the child at any time that she travels to Pennsylvania and remains in the area close to the child's home. Mother shall also have the opportunity to visit with the child on those occasions that Father is in the area where she resides. During periods of time that Mother is at work or is otherwise unable to be physically present with the child during her periods of custody, custody shall revert to the Father. 5. The parties shall share physical custody of the minor child on holidays as they can agree. Absence such an agreement, the child shall remain in the physical custody of the Father. 6. Mother shall be provided with regular and reasonable telephone access with the child. 7. It is agreed that the Mother shall have a period of physical custody with the child during the child's Christmas vacation. Mother shall notify Father no later than November 15, of each year as to when during the week between Christmas and New Years the Mother would like to utilize her holiday visitation with the child. Mother shall be responsible for all transportation associated with holiday visitation unless otherwise agreed upon between the parties. 8. Mother shall have partial physical custody of the minor child at other times as may be mutually agreed upon between the parties. 9. Father shall not unreasonably withhold rights of visitation or temporary physical custody. 10. The parties shall notify one another within three days of a move or relocation of their new address and telephone nurnber. 11. This agreement is based upon the current residential situation of the child and Father residing in Pennsylvania and the Mother residing in Connecticut. The parties recognize that Pennsylvania shall continue to maintain jurisdiction regarding custody in this case and that either party may at any time petition for a modification of this agreement in the event that circumstances change or if either party is dissatisfied with the current custody arrangement. 12. The parties agree and anticipate that this Agreement for Custody and Visitation may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 13. The parties do hereby stipulate and agree that they waive their respective fights to be present in court at the time an order is made pursuant to this Agreement for Custody and Visitation. iN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legolly bound hereby this. /~?~_~ day of ]~0J'-ff_J7 __ ,2001 Witness BRIAN BELANGER Witness CHERYL ~. ALBERT CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Order of Court and Stipulation and Agreemem for Custody and Partial Custody was served on the following person by First Class United States Mall, postage prepaid, by forwarding a true and correct copy unto: Cheryl A. Albert Apt. 11 267 Main Street Bristol CT 06010 s J. Kayer)Esquire~J 4 E. Liberty Avenue Carlisle, PA 17013 (717) 243-7922 BRIAN BELANGER, Plaintiff CHERYL A. ALBERT Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 1029 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of t~ff~-~ ,2001 it is decreed that the Stipulation and Agreement for Custody and Partial Custody that has been executed by the patties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. BYT ; _4 CCi James J. Kayer, Esquire Attorney for Plaintiff Cheryl A. Albert, Pro Se Defendant BRIAN BELANGER, Plaintiff V. CHERYL A. ALBERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : NO. 2001-1029 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2ND day of April, 2001, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, ~acqffetline M. Vemey, Esquire, Cus~dy Conciliator