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HomeMy WebLinkAbout01-1940 JUSTIN S. TAPPAN, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 2001- /9%0 CIVIL TERM · JENNIFER L. TAPPAN, 'CIVIL ACTION- LAW Defendant 'IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Justin S. Tappan, an adult individual currently residing at 106 South 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Jennifer L. Tappan, an adult individual currently residing at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff is the natural father of the child, Paige Skye Tappan, bom November 12, 1991. 4. The child was born in wedlock. 5. Since birth, the child has resided with the following persons at the following addresses for the following lengths of time' N25.ME ADDRESS D_2MTES Jennifer L. Tappan 300 N. Arch Street May 1993 to Mechanicsburg, PA present Justin S. Tappan November 1991 to Jennifer L. Tappan New Cumberland, PA May 1993 6. The natural Mother of the child is the Defendant, who resides as foresaid. She is single. 7. The natural Father of the children is the Plaintiff, who resides as foresaid. He is married. 8. The relationship of the Plaintiff to the child is that of natural Father. The Plaintiff currently resides with Adrienne Tappan, wife. 9. The relationship of the Defendant to the child is that of natural Mother. The Defendant currently resides with the child and Mark Douglas, her fianc6. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Justin S. Tappan, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date' ~hl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 ._ , .I VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. JUSTIN S. TAPPAN : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : JENNIFER L. TAPPAN : 01-1940 CIVIL ACTION LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , 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 County Courthouse, Carlisle on Thursday, May 03, 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. 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/ HubertX. Gilrov. Esa.~ Custody Conciliator 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 L;,:, :, ,:.d ,'"' '- JUSTIN S. TAPPAN, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. 'NO. 2001- /'q9/d CIVIL TERM · JENNIFER L. TAPPAN, · CIVIL ACTION - LAW Defendant 'IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between JUSTIN S. TAPPAN, hereinafter referred to as "Father" and JENNIFER L. TAPPAN, hereinafter referred to as "Mother". WHEREAS, the parties are the natural parents of Paige S. Tappan, bom November 12, 1991. WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother Shall maintain primary physical custody of the child with periods of temporary physical custody belonging to the Father on alternating weekends, from 6'00 p.m. on Fridays through 7'30 p.m. Sunday. 3. In addition to alternating weekends, Father will receive custody of the child one weekday-evening every other week from after school until 7:30 p.m. during the school year, and 3:00 p.m. until 9:00 p.m. during the child's summer vacation. Father's weekday-evening of custody shall be decided by mutual agreement between the parties. J ! ~1 · ~- ~ ~ I 4. Mother shall have custody of the child each Christmas holiday from noon Christmas Eve until Christmas Day. Father shall enjoy custody of the child from noon on Christmas Day until noon the following day. Father shall enjoy custody of child on the Thanksgiving holiday from 4:00 p.m. on the Wednesday evening prior to Thanksgiving, until 2:00 p.m. on Thanksgiving Day. Mother shall enjoy custody of the child on Thanksgiving Day from 2'00 p.m. '~hroughout the rest of the day. 5. The parties shall have physical custody of the child on each parent's respective birthdays, from 8'00 a.m. until 8:00 p.m. 6. Mother shall enjoy custody of the child on each Mother's Day. 7. Father shall enjoy custody of the child on each Father's Day, and shall maintain custody of the child until the following Sunday after the Father's Day holiday, which would provide Father with one week of consecutive custody. 8. The parties shall alternate the holidays of New Year's Day, Memorial Day, Easter, Fourth of July, and Labor Day every other year. 9. Transportation of the child shall be shared by the parties. 10. In the. event Mother relocates more than thirty (30) miles mvay from Father's residence, Father's periods of physical custody provided for above shall be extended by one (1) hour to accommodate the added travel time. The additional hour will be added to the end of Father's period of partial custody. 11. Mother shall petition the Court for approval prior to relocating with the child at a distance greater than fifty (50) miles from Father's residence. 12. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. i3. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 14. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 15. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation al'id ~' -' -~ ~xgre~rn~nt. 16. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. , 17. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. Thomas S. Diehl, Esquire DATE- ... ORDER OF COURT AND NOW, this _'2/~ _ day of_____~, 2001, upon presentation and consideratk:,n of the above Cus'tody Stipulation and Agreement it 'is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT, // Jo · · · COMMONWEALTH OF PENNSYLVANIA · COUNTY OF CUMBERLAND · SS · On this ,/~~day of ,/~~,~/'~" , 2001, before me, the undersigned officer, personally appeared JUSTIN S. ~APPAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -' ~c~u~blic [ COMMONWEALTH OF PENNSYLVANIA · COUNTY OF ~O_~,'x,~z'~ 'SS o On this ~ day of ~C)rta_,c.o~_ , 2001, before me, the undersigned officer, personally appeared JENNIFER ~. TAPPAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not4ry Public"" i NOTARIAL SE~L ' "~ MARJORIE ^. DeLUC^, Notary Public ;! 8outh Middleton Twp., Cumberland Co. ! M)t Commission Exp. ires Nov 1, 2003 m i im i ill ' : . . Ui--~ ~ · '-. - '""'" ~X ~3 .~: :" ''~ "'~''' -. ~.~' . ~;~".~ . . · .. .. ... ~... .... .?.~ - . ,. .. _ -. . ... .. ..