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HomeMy WebLinkAbout04-4439FRED W. TOWNSEND, Plaintiff, V. AUDREY T. TOWNSEND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. ~ _l./q~ CUSTODY CUSTODY COMPLAINT AND NOW, this o~7r day of August, 2004, comes Plaintiff Fred W. Townsend, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is an averment: 1. Plaintiff Fred W. Townsend is an adult individual currently residing at 4513 Linden Avenue, Apartment B, Mechanicsburg, Cumberland County, PA, 17055 (hereinafter referred to as "Father"). 2. Defendant Audrey T. Townsend is an adult individual currently residing at 4 Vine Circle, Camp Hill, Cumberland County, PA, 17011 (hereinafter referred to as "Mother"). 3. Father seeks shared physical custody and shared legal custody of Hannah Jo Townsend, dob: 7/13/1998, presently residing with Mother at 4 Vine Cimle, Camp Hill, PA (hereinafter "the Minor Child"). Plaintiff and Defendant are the natural parents of the Minor Child. The Minor Child was bom in wedlock. The Minor Child presently resides with Mother at 4 Vine Circle, Camp Hill, PA. the following addresses: Name Fred W. Townsend Audrey T. Townsend Fred W. Townsend Audrey T. Townsend Audrey T. Townsend For the past five years the Minor Child has resided with the following persons at Address Dates Birth until 2001 4 Vine Cimle Camp Hill, PA 17011 4 Vine Circle Camp Hill, PA 17011 2001 until June 4, 2004 June 4, 2004 until present 8. The father of the Minor Child is Plaintiff Fred W. Townsend who currently resides at 4513 Linden Avenue, Apartment B, Mechanicsburg, PA The mother of the Minor Child is Defendant Audrey T. Townsend who currently resides at 4 Vine Cimle, Camp Hill, PA 17011. 9. The relationship of Defendant to the Minor Child is that of natural mother. Defendant currently resides with the following persons: Name Relationship Hannah Jo Townsend Daughter 10. The relationship of Plaintiffto the Minor Child is that of natural Father. Plaintiff currently resides with the following persons: Name Relationship Self 11. Plaintiff has no information about a custody proceeding concerning the minor child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation with respect to the minor child. 13. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: a. Father is in a position, both financially and emotionally, to provide stability and custody for the minor child; b. Father is in a position to provide a stable, responsible environment for raising the minor child; and c. The best interest of the minor child would best be served in maintaining a relationship with her father. 14. Each parent whose parental rights to the minor child have not been terminated and the person who has physical custody of the minor child has been named as parties to this action. WHEREFORE, the Plaintiff, Fred W. Townsend, requests the Court grant him shared physical custody and shared legal custody of the minor child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears,"~Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: VERIFICATION I, Fred W. Townsend, verify that the statements made in the foregoing COMPLAINT IN CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Fe~[ W. Townsend Date: ~"a~(' Off' CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Com, olaintfor Custody with reference to the foregoing action by certified mail, return receipt requested and regular mail this,D~t_ \ day of ~'~.~_~ ,2004, on the following: Audrey T. Townsend 4 Vine Circle Camp Hill, PA 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. FRED W. TOWNSEND, Plaintiff, V. AUDREY T. TOWNSEND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW DOCKET NO. Oq --//q_.l~ CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Fred W. Townsend (hereinafter referred to as "Father") and Audrey T. Townsend (hereinafter referred to as "Mother") are the natural parents of Hannah Jo. Townsend, date of birth: 7/13/1998 (hereinafter referred to as "Minor Child"); WHEREAS, Mother and Father desire to make arrangements for the custody and visitation of the Minor Child; WHEREAS, both parties have been advised by counsel, or have had the opportunity to be advised by counsel; and WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, as follows: 1. Legal Custody The parties shall share legal custody of the Minor Child. Each party shall have an equal right, to be exercised jointly with the other party, to make all major, nonemergency decisions affecting the Minor Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S., § 5309, each party shall be entitled to all records and information pertaining to the 310181-1 Minor Child including, but not limited to, medical, dental, religious or school records, and the resident address of the Minor Child and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 2. Physical Custody a. The parties have agreed that Mother shall have primary physical custody of the Minor Child Hannah Jo Townsend. b. The parties further agree that Father shall have partial physical custody of the Minor Child at the following times: (1) Alternating weekends, when Mother has to work from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; and (2) Every Wednesday evening from 6:00 p.m. until the following morning, when Father shall drop off the Minor Child at daycare. 3. Holiday Schedule The parties agree that the holiday schedule will be determined only upon the mutual agreement of both parties. 4. Summer Vacation The parties agree that the summer vacation schedule will be determined only upon the mutual agreement of both parties. 5. Both parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parties to continue to foster and develop a good and healthy relationship with the Minor Child. To that end, the parties agree to cooperate with one another to encourage the Minor Child's relationship with the other 310181-1 party and agree to refrain from any conduct, activity or communication which would adversely affect the Minor Child's relationship with either party. Neither party shall make disparaging comments about the other in front of the Minor Child; nor will either permit any other relative or any other third party to do so. 6. Upon the knowledge of pending relocation, temporary or permanent of either party, each party must inform the other of his/her new address and telephone number within thirty (30) days. 7. The parties agree that the Minor Child shall have liberal fights of telephone contact with the noncustodial party, no matter who is exercising his/her right to physical custody. 8. Both parties agree that this Agreement may only be modified in writing or through further Order of this Court. 9. Upon agreement by the parties, Father will pay Mother the amount of $400.00 monthly as child support. This amount will be due no later than the last day of every month. Both parties realize that this amount may subject to modification by change in cimumstances of either party. 10. This Agreement shall be effective immediately upon signature by both parties, and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attached hereto. Date: W. Townsend A udr~d 310181-1