HomeMy WebLinkAbout06-3623
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARUSLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
KELLI S. PRICE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
STEPHEN R. HOLLENBAUGH, : NO. 2006 -.3~ CIVIL TERM
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the plaintiff, by her attorney, Stacy B. Wolf, Esquire, and files this complaint
and agreement for custody, representing as follows:
1. The plaintiff is Kelli S. Price, an adult individual residing at 35 Marilyn Drive,
Carlisle, Gunberland County, Pennsylvania 17013.
2. The defendant is Steven R Hollenbaugh, an adult individual residing at 2404 Walnut
Bottom Road, Carlisle, Gunberland County, Pennsylvania 17013.
3. The parties are the natural parents of one minor child namely, Rylee V. Hollenbaugh
(born October 15, 2001, age 4).
4. The child has resided solely with Mother since the child's birth.
5. 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 coun.
6. The plaintiff has no infonnation regarding any other custody proceeding concerning
the child pending in a court of this Commonwealth.
7. 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.
8. The plaintiff believes and therefore avers that the best interests and pennanent
welfare of the child require that Mother have sole legal and physical custody of the child, in
accordance with their mutual agreement.
9. Both parties, as evidenced by their joint execution of this complaint, have mutually
agreed upon an amicable amngemem 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 Mother shall have sole legal custody of the parties' minor child, Rylee V.
Hollenbaugh (born October 15, 2001, age 4).
B. The Mother shall have sole physical custody of the child.
C. In the event of the breach of the agreement of the parties by any party, the
nonbIP.rhing party shall have the right to file a petition for contempt of court and to seek
specific perlonnance of the tenns 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 perlonnance of this agreement shall be recoverable as part of the
judgment entered by the court.
D. 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 fonnality
of the agreement of the parties.
E. The Court of Common Pleas of Onnberland 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.
WHEREFORE, the plaintiff and defendant respectfully request that the CAJUn enter an
Order providing for the legal and physical custody of the child as aforesaid.
JCIU ~ ,2006
~ -So ~t
STACYB. OLF
Attorney for Plaintiff
VERIFICATION..AND
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.CS. S 4904,
relating to unsworn falsification to authorities. Furthermore, by the execution of this Confinnation,
we do each unequivocally express our mutual and voluntaIy agreement to the amicable custody
ammgement provided above and request that the terms thereof be entered as an Order of Court
without the necessity of a custody conciliation, hearing or other proceeding.
vnJ ~' ~~ (SEAL)
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COMMONWEALTH OF PENNSYLVANIA:
:SS:
'Su. V\-R.. ;)U/-
.2006
...JJY'( a. b
.2006
COUNTY OF CUMBERLAND
~
On this, the 2(P day of ~~ , 2006, before me, the Wldersigned officer, personally
appeared KEUl S. PRICE, known to me (or satisfactorily proven) to be the person whose name is
subscnbed to the within instrument and acknowledged that he executed same for the pmposes
therein contained.
COMMONWmTm;r~~~REOF, I hereunto set my
NctartaI SeoJ
Nathan C, Wolf, NotaJy PublIc
~ Bolo, Cumbett8nd County
My Commission ExpiIll8 Apr, 19,2008
Member, Pennsylvania Aaaoclatlon Of Notaries
COMMONWEALTH OF PENNSYLVANIA:
:SS:
official seal
(SEAL)
COUNTY OF CUMBERLAND
On this, the 2G dayof J"/UNL- ,2006, before me, the undersigned officer, personally
appeared SlEVEN R HOLLENBAUGH, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and acknowledged that she executed same for
the pmposes therein contained.
IN WITNESS WHEREOF, I hereunto set
official seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NoIllrial Seal
NlIII1an C. Wolf ",olary Public
CarlIsle Bolo, CIlmber1and County
My Commission Expi18S Apr. 19, 2006
Member, Pennsylvania Association Of Notaries
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVILACfION - LAW
KELLI S. PRICE,
v.
STEPHEN R. HOLLENBAUGH, : NO. 2006 -)~3 CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of J -.)t. e.. , 2006 upon presentation and consideration of
the within complaint and the stipulation and agreement incorporated therein, and upon agreement
of the parties, it is hereby ordered and decreed as follows:
A The Mother shall have sole legal custody of the parties' minor child, Rylee V.
Hollenbaugh (born October 15, 2001, age 4).
B. The Mother shall have sole physical custody of the child.
C. In the event of the breach of the agreement of the patties 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 tenns 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.
D. Any modification or waiver of any of the provisions of the agreement of the
patties shall be effective only if made in writing and only if executed with the same forrnality
of the agreement of the parties.
E. The Court of Conunon Pleas of Gunberland 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.
~. tribution:
tacy B. Wolf, Esquire
For Plaintiff
~n R Hollenbaugh
Pro Se
BY THE COURT,
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