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Home My WebLink About04-5513l:\Client DirectorykRine-Darrin\pleadings\Custody Complaint.wpd October 26, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRIN G. R1NE, Plaintiff LORETTA L. KINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. Oct - CWIL ACTION - LAW IN CUSTODY l ock_~ COMPLAINT FOR CUSTODY 1. Plaintiff is Dan-in G. Rine, an adult individual residing at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Loretta L. Rine, an adult individual residing at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Address Age Courtney L. Rine 19 Independence Drive, 9 Shippensburg, PA 17257 Clarissa S. Rine 19 Independence Drive, 4 Shippensburg, PA 17257 Christa Rine 19 Independence Drive, 1 Shippensburg, PA 17257 4. The children were not bom out of wedlock. The children are presently in the custody of Defendant. I:\Client DirectoryhUdne-Dardn\pleadings\Custody Complaint.wpd October 26, 2004 During the past five (5) years, the children have resided with the following persons at the following addresses: Darrin G. Rine and Loretta L. Rine Darrin G. Rine and Loretta L. Rine Name Address Dates 110 Curtis Avenue Newburg, PA 17240 19 Independence Drive Shippensburg, PA 17257 November 1990 through May 2001 May 2001 through the present 6. The Mother of the children is currently residing at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. Mother's marital status is married. 7. The Father of the children is currently residing at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. Father's marital status is married. 8. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Name Loretta L. Rine Courtney L. Rine Clarissa S. Rine Christa Rine Relationship Mother Daughter Daughter Daughter The relationship of Defendant to the children is that of Mother. Defendant currently resides with the same individuals as Plaintiff. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. I:\Client DirectoryLRine-Darrin\pleadings\Custody Complaint.wpd October 26, 2004 11. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be served by entry of the attached Stipulation for Custody as an Order of Court. 14. Each parent whose parental fights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to adopt the attached Stipulation for Custody as an Order of Court. Date: October 26, 2004 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA 9. CO(~N~TTI, ESQUIRE Attorney I.D. No.'~7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff I:\Client DirectoryXRine-Damn\pleadings\Custody Complaint.wpd October 26, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Complaint for Custody by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Bradley L. Griffie, Esquire GRIFFIE & .4SSOCIA TES 200 North Hanover Street Carlisle, PA 17013 Date: October 26, 2004 By: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. N~ 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff I:\Client Directory~Rine-DarrinX~dscellaneous\custody stipulation.wpd October 7, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRIN G. RINE, Plaintiff LORETTA L. R1NE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq-,.SZC/-,3 ~ ~ CWIL ACTION - LAW IN DWORCE STIPULATION FOR CUSTODY AND NOW, this }5Cday of /90_~ b$-a/' ,2004, the parties having been advised of their rights by their respective counsel, and having the best interests of their minor children, Courtney, born February 25, 1995, Clarissa, born November 20, 1999, and Christa, born December 27, 2002, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. I:\Client Directory~Rine-Darrin~miscellaneous\custody stipulation.wpd October 7, 2004 2. Defendant, Loretta L. Rine, (hereinafter referred to as "Mother") shall have primary physical custody of the minor children. 3. Plaintiff, Darrin G. Rine, (hereinafter referred to as "Father") shall have partial physical custody of the children in accordance with the following alternating two-week schedule: a. During week 1 Father shall have custody of the minor children on Tuesday, from after school until Wednesday morning when he will return the children to school, pre-school, or Mother's care, and Thursday, from after school until one-half hour before the children's bedtime that evening. Additionally, Father will have custody of the minor children from Friday at 6:00 p.m. through Sunday at 6:00 p.m. b. During week 2 Father shall have custody of the minor children from Wednesday after school until Thursday when he will return the children to school, pre- school, or Mother's care. c. This two week schedule shall continue on an alternating basis throughout both the school year and summer vacation with the modification that, during the summer, the minor children would be returned to Mother's custody after Father's periods of custody rather than being returned to the school or pre-school. d. During the children's summer break, each parent shall be entitled to have two (2) non-consecutive weeks of custody upon notification to the other parent at least (30) thirty days in advance of the proposed week of custody. These non-consecutive weeks must be taken so that they include the requesting parent's normally scheduled l:\Client Directory~Rine-Darrinkmiscellaneous\custody stipula~on.wpd September 14, 2004 weekend of custody and do not deprive the non-requesting parent of their normally scheduled weekend of custody. 4. Mother shall have custody of the minor children on Mother's Day and Father shall have custody of the minor children on Father's Day. The custodial period on these days shall run from 9:00 a.m. through 9:00 p.m. 5. The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The custodial period shall run from 9:00 a.m. on the day of the holiday through 9:00 p.m. that same day. This schedule shall begin with Mother having custody of the minor children on Labor Day 2004, Easter 2005, and the Fourth of July 2005, and Father having custody on Thanksgiving 2004, Memorial Day 2005. The holidays will continue to alternate in this fashion thereafter. 6. The Christmas holiday shall be divided into two (2) Segments. Segment A shall be defined as beginning on December 24 at 12:00 noon and ending on December 25 at 12:00 noon. Segment B shall be defined as beginning on December 25 at 12:00 noon and ending on December 26 at 12:00 noon. The parties will altemate custody of the minor children for these Segments and the schedule will begin with Mother having custody of the minor children for Segment A in 2004 and Father having custody of the minor children for Segment B in 2004. In 2005, the parties would alternate their Segments so that Father has Segment A and Mother has Segment B and this alternating of Segments shall continue in this same manner thereafter. 7. The parties agree that the holiday schedule enumerated above takes precedence I:\Client DirectoryLRine-Darrin~fiiscellaneous\custody stipulation.wpd September 14, 2004 over the normal custody schedule. 8. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 9. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this stipulation shall have the same full force and effect as if this matter had been tried and decided. 10. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 11. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 12. The parties hereby waive their respective fights to present this agreement in open court or to have their case heard by the court at this time. DARRIN G. RXNE LORETTA l~l. RINE L- I:\Client DirectoryXRine-Darfin\pleadings\Custody Complaint.wpd 0 DARRIN G. RINE, ' Plaintiff · Vo LORETTA L. RJNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. oq - .5"g/g CWIL ACTION - LAW IN CUSTODY ORDER OF COURT ANDNOW, towit, this O ~C~ dayof ~;o,-~,----,~c.) ,2004, itishereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: