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Home My WebLink About05-3609 NATHAN C. WOLF, ESQillRE AITORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARliSLE PA 17013 (717) 241-4436 AITORNEY FOR PLAINIIFF MARY A. DRESCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO. 2005 -3~ 01 CIVIL TERM : IN CUSTODY RENEE S. SANDERS, Defendant COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her anomey, Nathan C Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Mary A. Dresch, an adult individual residing at 354 Bradley Drive, Shippensburg, Franklin County, Pennsylvania 17257, 2. The defendant is Renee S. Sanders, an adult individual whose last known mailing address was 131 West Third Street, Waynesboro, Franklin County, Pennsylvania 17268. 3. The plaintiff is the maternal grandmother of, and the mother is the natural parent of one minor child namely, Angelina Selene Sanders (born October 25, 2003, age 21 months). 4. The individual who is believed to be the natural father of the child, John Mason, has had no contact with either party since mother was pregnant with the child, and the parties have no knowledge as to his whereabouts, The father has never had contact with the child, nor has he expressed a desire to do so, There has never been a determination of paternity with respect to the child. 5. The child has resided solely with the plaintiff since the child's birth. 6. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth, 8. 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. 9. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, with the plaintiff having primaty physical custody of the child and the defendant having periods of partial physical custody of the child for time to time, in accordance with their mutual agreement. 10. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of the minor child, Angelina Selene Sanders (born October 25,2003, age 21 months). B. The Grandmother shall have primary physical custody of the child. C. The Mother shall have periods of partial physical custody of the child from time to time as the parties may agree. D. The mother shall be primarily responsible for transporting the child. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. H In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 1. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The OJurt of OJmmon Pleas of Cumberland OJunty has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the OJurt enter an Order providing for the legal and physical custody of the child as aforesaid. 7/1/ I ,2005 F VERIFICATION~ CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.eS. ~ 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Omfirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessiry of a custody conciliation, hearing or other proceeding. II ,2005 ~~J Ik~~ (SEAL) \3 ,2005 (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the --'L- day of rlu , 2005, before me, the undersigned officer, personally appeared MARY A. DRESQ-I, ~ (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~=:""... ~~ Nathan C, Wo~ NoIaJY Public Nota~blic CaI1is1e BolO Cumtle~and CounIY , resApf.19.2008 PENNSYLVANIA: :SS: (SEAL) COUNTY OF Ro..nlc.l.<'\ On this, the Q day of .""1., \ \ { , 2005, before me, the undersigned officer, personally appeared RENEE S. SANDERS~ (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto (SEAL) Notarial Seal HC:.lth.:r M. Blount, Notary Public Waynesboro Bora. Franklin County My Commission Expire. Fob. 24. 2r:nT Member, PennsylvanlaAssocia~oo ofNota"as ~ {'J "" ......... 'lJ' ~ Ii' ~ ~ w C(J ~ () "'-' 0 c:::;. C. ( '~:~1 -., 0;;../'1 C- ..... ~ :"C ....,..., ~ c= lT1p.:: ,"-- en (.n y , (~) r ~~ ' -ii " , -' ("-:, ~ - -. ~:I ~'n ~ ":, " .- r ~D -< -*\' ......... - -:--... VI C> RECEIVE v. : IN THE COURT OF COMMON PLEAS C : CUMBERLAND COUNTY, PENNSYLVA:, : CIVIL ACTION - LAW : NO. 2005 - 3'-01 CIVIL TERM : IN CUSTODY MARY A. DRESCH, Plaintiff RENEE S. SANDERS, Defendant ORDER OF COURT AND NOW, this ~ day of ~, 2005 upon presentation and consideratic the within complaint and the stipulation and ~rJement incorporated therein, and upon agreem of the parties, it is hereby ordered and decreed as follows: A The parnes shall have joint legal custody of the minor child, Angelini Sanders (born October 25, 2003, age 1). B, The Grandmother shall have primary physical custody of the child. C The Mother shall have periods of partial physical custody of the child from time to time as the parties may agree. D. The mother shall be primarily responsible for transporting the child. E. The parties shall have reasonable telephone contact with the child while 1 child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that t health, welfare and well being of the child is protected. G. The parnes shall do nothing that may estrange the child from the other par or hinder the natural development of the child's love or affection for the other party. H In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific perfonnance of the tenus of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific perfonnance of this agreement shall be recoverable as part of the judgment entered by the court. L Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of G.unberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, Distribution: ~than C Wolf, Esquire For Plaintiff J. ~nee S. Sanders Pro Se Defendant '0- \.2- 'e- 0-)"< t}'ij '\)....-;,.- 'b\'E~. )..,c-- \:yo- ~\.~ v.-:>-' y '6 ~\ -",n ~ ",-,,- :a. <g, \ / /) ?j \[8 '2 -