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HomeMy WebLinkAbout04-4185By Custody Conciliator The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities 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 arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or bearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER 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, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA K. KARLINSEY, NO. Oq - Oila'g Plaintiff/Petitioner v. CIVIL ACTION - LAW KAREN J. WATTMAN and LOUIS H. WATTMAN, JR. Defendant/Respondent CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, Diana K. Karlinsey, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint for Custody of which the following is a statement: 1. The Petitioner is DIANA K. K_AP, LINSEY, mi adult individual who resides at 1408 Walnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondents are KAREN J. WATTMAN, an adult individual who resides at 34 Ringneck Drive, Harrisburg, Dauphin County, Pennsylvania 17112, and LOUIS H. WATTMAN, JR., an adult individual who resides at 126 Stone Street, Johnstown, Cambria County, Pennsylvania 15905. 3. Plaintiff seeks custody of the following child/children: Name Present Address Date of Birth Jillian A. Wattman 1408 Walnut Street February 23, 1990 Camp Hill, PA 17011 The child was bom in wedlock. The child is presently in the custody of the mother who currently resides at 34 Ringneck Drive, Harrisburg, Dauphin County, Pennsylvania 17112. The mother and father are divorced. The plaintiffis married. During the past five (5) years, the child resided with the following persons at the following addresses: Persons Karen J. Wattman Jay Wattman (child's brother) Karen J. Wattman Jay Wattman (child's brother) Address 443 Radcliffe Dr. Harrisburg, PA 34 Ringneck Dr. Harrisburg, PA Date 1997 to August, 2001 August, 2001 to present The mother of the child is Karen J. Wattman, who currently resides at 34 Ringneck Drive, Harrisburg, Dauphin County, Pennsylvania 17112. She is divomed. The father of the child is Louis H. Wattman, Jr., who currently resides at 2126 Stone Street, Johnstown, Cambria County, Pennsylvania 15905. He is divorced. 4. The relationship of Plaintiff to the child is that of aunt. The plaintiff currently resides with the following persons: Samuel M. Lamonto, her husband. 5. The relationship of Defendants to the child is that of father and mother. The father currently resides alone. The mother currently resides with Jillian A. Wattman, her daughter, and Jay Wattman, her son. 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 and Defendants do not know ora party not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is in the better situation to provide primary physical custody. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. All other person, named below, who are known to have or claim a fight to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: (None) WHEREFORE, Petitioner respectfully requests that this Honorable Court grant custody of the child. Respectfully submitted: 3105 Old Gettysburg Road Harrisburg, PA 17011 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby verify that I am the attorney for the Plaintiff and that the statements made in this Complaint are true and correct. I understm~d that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA K. KARLINSEY, Plaintiff/Petitioner KAREN J. WATTMAN and : LOUIS H. WATTMAN, JR. : Defendant/Respondent : : NO. O/- ql£..,e : CIVIL ACTION - LAW CUSTODY PETITION FOR ENTRY OF AGREEMENT 1. The Petitioner is DIANA K. KARLINSEY, an adult individual who resides at 1408 Walnut Street, Camp Hill, Cumberland County, Pem~sylvania, 17011. 2. The Respondents are KAREN J. WATTMAN, an adult individual who resides at 34 Ringneck Drive, Harrisburg, Dauphin Connty, Pennsylvania 17112, and LOUIS H. WATTMAN, JR., an adult individual who resides at 126 Stone Street, Johnstown, Cambria County, Pennsylvania 15905. 3. The Petitioner is the aunt m~d the Respondents are the natural parents of JILLIAN A. WATTMAN, date of birth: February 23, 1990. 4. On August 17, 2004, the parties entered into a stipulation regarding custody of the child, which is attached hereto and incorporated herein as Exhibit 5. The best interest o£ the child will be served by the Court's entering said custody stipulation as set forth as Exhibit "A" as an Order of Court. WHEREFORE, Plaintiff/Petitioner requests this Court to approve the foregoing stipulation and make it an Order of Court. DATED: Respectfully submitted, 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Telephone: 717-737-7760 I.D. No. 64720 Attorney for Petitioner EXHIBIT "A" CUSTODY AGREEMENT THIS AGREEMENT made and entered into this /? z~ day of /-~o fog ~ , 2004, by and between DIANA K. KARLINSEY, o£ Cumberland County, Pennsylvania, (hereinafter known as "Aunt") PARTY OF THE FIRST PART, and KAREN J. WATTMAN, of Dauphin County, Pennsylvania, (hereinafter kno~w', as "Mother") and LOUIS H. WATTMAN, JR. (hereinafter known as "Father"), PARTIES OF THE SECOND PART. WHEREAS, all parties are desirous of providing for the custody of the minor child, JILLIAN A. WATTMAN, born February 23, 1990, (hereafter known as "Child"); and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the promises and covenants herein contained and intended to be legally bound hereby, it is agreed by and between the parties hereto as follows: 1. CUSTODY AND VISITATION A. Aunt shall have sole legal custody of the minor Child to the end that she alone shall have custodial responsibility for the minor Child. By custodial responsibility, it is meant that Aunt shall make all major decisions concerning education, medical care, and spiritual upbringing. B. The parties hereby designate Aunt to be primary physical custodian of said Child. As a result of such designation, Aunt alone shall have the right and duty to make all day-to-day parental decisions and act as the primary care provider for the Child. Therefore, Aunt may, on her signature alone, authorize emergency medical care for the minor Child, authorize absences and special events for said Child in school, and authorize the physician, dentist or other medical person to care for said Child. Mother and Father shall have the right to visitation as mutually agreed upon by the parties. Visitation shall not be unreasonably withheld. 2. LEGAL COUNSEL The Aunt is represented by the law office of G. Patrick O'Connor, Esquire. Mother and Father ihave been advised of their rights to seek legal counsel of their choice. Each of the parties agrees that he or she has entered into this Agreement with a complete understanding of the contents thereof. 3. ORDER OF THE COURT The parties agree that this Agreement shall be entered as an Order of Court and shall continue in full force and effect until [al further Order of Court, or lb] stipulation of the parties. 4. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 5. APPLICABLE LAW The parties agree that, regardless of the child's residence or provisions of the Uniform Child Custody Jurisdiction Act, Pennsylvania shall retain jurisdiction over the custody of the minor Child as long as any party resides within the Commonwealth. 6. BiNDING EFFECT This Agreement shall be binding upon the respective parties, their heirs, executors, administrators, successors and assigns. 7. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written. (SEAL) DIANAK. KA' SkY / ~c~ N~Ad/'T/'/~M AN~~ (SEAL) ~, ~~ff (SEAL) LOUIS H. WATTMAN, JR. COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Onthis, the /2t6~ dayof //~ ,2004, beforeme, aNotary Public in and for the state and county aforesaid, the undersigned officer, personally appeared DIANA K. KARLINSEY, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO~IARIAL SEAL G. Patrick O'Connor, Notary Public ,~ /~ Lower Allen Twp., Cumberland County (SEAL) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the /'-2'/~c day of ~ ,2004, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared KAREN J. WATTMAN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL // /~ G. Patrick O'Connor, Notary Public .///L..?/' ~ LowerAIlen Twp., Cumberland County ~,~-'F'~ d~'~g~ My commission expires October 28, 200?c,/'N~c~t~tr~' ¢;~1~" (SEAL) COMMONWEALTH OF PENNSYLVANIA' COUNTy oF ss. On this, the I 7 day of tq t.J,~et.,~"'- , 2004, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared LOUIS H. WATTMAN, JR., known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Nofary Public ~ - AUG ° ~ ~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA K. KARLINSEY, Plaintiff/Petitioner KAREN J. WATTMAN and LOUIS H. WATTMAN, JR. Defendant/Respondent : NO. Oq -ql?,.~ : CIVIL ACTION - LAW : CUSTODY AND NOW, TO WIT, this ORDER ~O~ ~[~t~day of_~~~'' _,2004, upon consideration of the attached Petition for Entry of Agreement, it is hereby ORDERED and DECREED that the custody stipulation dated the 17th day of August, 2004, is adopted as an Order of Court and the parties are bound thereby. Judge 01~ :~ H~l 9~ gFIV ~LONOH,I. ~