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HomeMy WebLinkAbout05-0428 ~ fJofl rP \10 \ I~ , () 5-1/-:1 S- W ~ \~L.~J ~M'- ~'~H ) ~ au HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED. BY ENTERING A WRI'I''l'EN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. OU ARE WARNED THAT IF YOU FAIL TO 00 SO THE CASE HAY PROCEED WI -HOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W THOUT FURTHER NOTICE FOR ANY MoNEY CLAIMED IN THE COMPLAINT OR OR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU' Y LOSg MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. . , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO THE TF.LEPHONE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL YOU 00 OR THE HELP. / CUlJBERLAND CDUNTY BAR ASSOCIATION 2,02. s;'. i"],Ed.po~L$;-j... . CARLISLE FA 17013 717 249 3166 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACfION -lAW KRlSTIE L. BUCKHEIT, Plaintiff . . . , v. : NO, {)~-421 eod-,~ER-">l . . JOHN BUCKHEIT and JESSICA M. BUCKHEIT, Defendants . . . . : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, KRlSTIE L, BUCKHEIT, by and through her attorney, Maryann Murphy, Esquire, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is KRlSTIE L. BUCKHEITwho resides at 904 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendants are JOHN BUCKHEIT who currently resides at 904 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 and JESSICA M, BUCKHEIT who currently resides at 200 North Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks sole legal and primary physical custody of the following SHA WNA M, WALTON, born February 13, 2003 child: 4. The child was born in wedlock. She currently resides with the Plaintiff. 5. During the lifetime of the child, she has resided at the following addresses with the following persons: Time Address With Whom birth-4/2003 200 N. Frederick St. Mechanicsburg, PA Defendant, Jessica Buckheit, and friends 4/2003-5/23/2003 7 Stars Rd. Millerstown, P A Defendant, Jessica Buckheit, Defendant's two other children, Defendant's parents, Defendant's sister and her husband 5/23/2003-6/30/2003 904 Scottish Ct. Mechanicsburg, PA Plaintiff, Plaintiff's parents, Plaintiff's brother 6/30/2003-2/7/2004 904 Scottish Ct. Mechanicsburg, PA Plaintiff, Plaintiff's mother, Plaintiff's brother 2/7/2004-10/3/2004 904 Scottish Ct. Mechanicsburg, PA Plaintiff, Plaintiff's mother, Plaintiff's brother, Defendants and their infant daughter 1O/3/2004-present 904 Scottish Ct. Mechanicsburg, PA Plaintiff, Plaintiff's mother, Plaintiff's brother, Defendant (John Buckheit) and his infant daughter 6. The paternal aunt of the child is KRlSTIE L. BUCKHEIT. She is single. 7. The father of the child is JOHN BUCKHEIT. He is married to Jessica M. Buckheit. They are separated. 8. The mother of the child is JESSICA M. BUCKHEIT. She is married to John Buckheit. They are separated. 9. The child currently resides with Plaintiff, her mother and her brother. The father, John Buckheit, and his infant daughter are temporarily residing with Plaintiff. 10. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other Court. 12. The 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. 13. 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. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor child will be served by granting Plaintiff sole legal and primary physical custody, with partial physical custody in Defendants. WHEREFORE, Plaintiff requests this Honorable Court to grant her sole legal and primary physical custody of SHA WNA Respectfully submitted, I . I (\ Ma Murphy, Esq PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff ~. VERIFICATION I, KRISTIE L. BUCKHEIT, verify that the statements made in the foregoing Custody Complaint are true 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. ~ ,/ E L. 'CKHE~' ~ -k:\ - ~ - ........ t 0 -- u-r \) -u .,.() II ?- ..t) -C. ~ % ~ () ~ -r..'(J:; l].)r""j ..<~. :,::r. i ::: :r S25: ~\'~,' ~7t_' ~~Ct C.: ~ r-.:> = =J c.r' '- :t> :% o -n 'i'-n~ rtl r-c -om :0 ~~~ ":D 0-.- ..;,(> ""'-f1''1 U .-, ;E' 0"';' -< N Ut -cr ::!l: '>? Cl cr> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON - LAW KRlSTIE L. BUCKHEIT, Plaintiff . . : v. : NO. . . JOHN BUCKHEIT and JESSICA M. BUCKHEIT, Defendants . . : IN CUSTODY STIPULATED ORDER FOR CUSTODY KRlSTIE L. BUCKHEIT (hereinafter referred to as "AUNT"), and JOHN BUCKHEIT and JESSICA M. BUCKHEIT (hereinafter referred to as "PARENTS"), desiring to amicably settle and resolve the matter of custody with respect to SHA WNA M. WALTON, born February 13, 2003, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of SHA WNA as follows: 1. The parties agree that AUNT shall have sole legal and primary physical custody of the minor child, SHAWNA M. WALTON. 2. AUNT agrees to advise PARENTS of all important matters relating to the minor child's development. 3. The parties agree that PARENTS shall have partial physical custody of the minor child by mutual agreement. 4. The parties agree that there shall be reasonable phone contact with the minor child. 5. The parties agree to keep each other advised of their current addresses and telephone numbers for contact. .' 6. The parties agree that during periods of partial physical custody, PARENTS shall not take SIIAWNA more than thirty (30) miles from AUNT's home without prior written agreement. 7. In the presence of the child, each of the parties shall take all measures deemed advisable to foster a feeling of affection between the child and the other parties. No party shall do or say anything which may estrange the child from the other parties, or injure the child's opinion of the other parties, or hamper the free and natural development of the child's love and respect for the other parties. 8. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 9. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. 'i - ;q-Of Date /1/;;10/ Date iJ/19/0tJ Date Ii kI titufd .& Itness ~<f1wl STI . BUC~ ~ cfJuA2~JI JOH BUCKHEIT ~/fy1"O~ ~ Ul11.ttl) 11.. -61).--1' #u :/ Witness ESSICA . BUCKHEIT o ~ ~ -1 {r'i M:(h '-;~ .,~,;:} Z\l: (J)",;-, ~L') ::;'''('',~ Z(", "". " -"'C Z ::;! ...., c'" ~ c." to- """ ;;Ie N (.n o -n -l ::r:-n (11"., -urn 'u';J ()() "1~ =\1 ~~?) (3m _...t -po. ~ -0 ::J:: <s5 <:::> v\ . .j' ,IAN 27 2005 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfiON - LAW KRISTIE L. BUCKHEIT, Plaintiff . . . . . . or-4J.g ~~ v. : NO. . . JOHN BUCKHEIT and JESSICAM. BUCKHEIT, Defendants . . . . : IN CUsrODY ORDER OF COURT AND NOW, this Z l-~ day of <Jh.J'1 ' 2005, upon consideration of the attached Custody Stipulation dated November 19, 2004, IT IS HEREBY ORDERED AND DECREED that custody ofSHAWNAM. WALTON, born February 13, 2003, shall be as follows: 1. KRISTIE L. BUCKHEIT shall have sole legal and primary physical custody of them in orchil d,S HAWN AM. WALTON. 2. KRISTIE L. BUCKHEIT shall advise the parents, JOHN BUCKHEITand JESSICA M. BUCKHEIT, of all important matters relating to the minor child's development. 3. JOHN BUCKHEIT and JESSICA M. BUCKHEIT shall have partial physical custody of the minor child by agreement of the parti.es. RLED-fJfriCE OF THI"" !"\;jr1,l !0[, ''-"'T!l r-\J . ie l-t:v.:t.'\.} '.iU ;"'\1;! 2005 Jt,N 28 j1Ji iO: 29 ("I ,. :-- >..'L;i;.. 4. There shall be reasonable phone contact between the parties and the minor child. 5. The parties shall keep each other advised of their current addresses and telephone numbers for contact. 6. During periods of partial physical custody, JOHN BUCKHEIT and JESSICAM. BUCKHEIT shall not take SHA WNA more than thirty (30) miles from the home of KRISTIE L. BUCKHEIT without prior written agreement. 7. In the presence of the child, each of the parties shall take all measures deemed advisable to foster a feeling of affection between the child and the other parties. No party shall do or say anything which may estrange the child from the other parties, or injure the child's opinion of the other parties, or hamper the free and natural development of the child's love and respect for the other parties. 8. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: ~4J J.