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HomeMy WebLinkAbout06-5314 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CATRINA S. CHARLES, Plaintiff . . v. : CIVIL ACTION - LAW : NO. 2006 - -53 j V CIVIL TERM RANDY L. HILE, : Defendant : IN DIVORCE COMPLAINT FOR CUSTODY NOW comes the plaintiff, CATRINA S. CHARLES, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is CATRINA S. CHARLES, an adult individual residing at 111 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is RANDY L. HILE, an adult individual residing at 273 Fishing Rod Road, Liverpool, Perry County, Pennsylvania 17045. 3. The parties are the natural parents of one minor child, Gavin L. Charles, born January 14, 2004. 4. The parties were unmarried but residing together at the birth of the child. They separated on or about July, 2004 and since that time the child has resided primarily with the plaintiff, subject to a verbal agreement that the defendant have partial physical custody on alternating weekends and other times as mutually agreed. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. 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 best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody and that plaintiff have periods of partial custody on alternating weekends and other times as mutually agreed. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the child as aforesaid. September 11, 2006 -:? HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court 1.0. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. September 11,2006 C1;~:Ar ~ CA TRINA S. CHARLES , ~ ~. - ~ ~;j RJ ~ ~ ~ ~ ......... \S '<' ~ \ \) ~ , ~ ~ ' "- "" . ~ ~ ~ ~ " C1 ~-J r-- C:, c _J ~.1 (_:J.... -n ~..!r :~ . .' III 1'0 I' _ r~"? . . CD :~ CATRINA S. CHARLES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-5314 CIVIL ACTION LAW RANDY L. HILE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 19,2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl Hubert X Gilroy. Esq. Custody Conciliator y..fA- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _ ~ ~# ~ ~ ~ tf{}-PJ-p : ~;? ~ ~Jt, 1tJ~ bll; ~ P /.~ ~ --PJ '%tV/-I; > VI NVA1ASNN3d AlNn08 n:\ :,"'T,~:;f'it^JI'V"I , - 'cj i'_...:...JQ",i Iv I S :21 Wd 61 d3S 900l AW10NOH108d 3H1.:10 jOUjo-G311::! 4 , ;II CATRINA S. CHARLES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW : NO. 2006 - 5314 CIVIL TERM RANDY L. HILE, Defendant : IN DIVORCE STIPULATION AND AGREEMENT A. ~ ).IN'1Iu1,6V THIS STIPULATION AND AGREEMENT entered into this" day of:Q. :II,I,pr, 2006, by and between CATRINA S. CHARLES (hereinafter referred to as "Mother") and RANDY L. HILE (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of a minor child, namely, Gavin L. Charles, born January 14, 2004: and, WHEREAS, the parties were unmarried but residing together at the birth of the child; and, WHEREAS, the parties separated in or about July, 2004 and wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. The Mother shall have primary physical custody of the child. .. . 3. The Father shall have partial custody of the child every other weekend from Friday evening until Sunday evening and at such other times as the parties may mutually agree from time to time. 4. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. 5. The parties agree to 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. 6. The parties shall do nothing that may estrange the child from each other or hinder the natural development of the child's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that said Court has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: (SEAL) .. .. COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND qw, ~ \,e....- On this, the day of~, 2006, before, the undersigned officer, appeared Catrina S. Charles, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CYllt2o&~ (SEAL) UrY Public - COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : Notarial Seal .~J.ane Adams, NotaIy Public .~sle Born, Cumbedand ~ ~ Commission Expires Sept. 6, 2088 COUNTY OF CUMBERLAND yJ\.. ~\J e.I"'\W On this, the J..I day of Ootsser; 2006, before, the undersigned officer, appeared Randy L. Hile, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~tt'1 r ~ ~~J (SEAL) Notary Public '~_1~~;~~~L~~ ~-.;..:.;" 3:..1 o G ~.,i;0 rf; r' z" -:',.r-Y' t ~<:..-- <!") :;........ l ..;~ ',. " 5'\(~~ ~~ -<. !'"'-' t;;::::J t;;;:> o~ - o ~ \ \P ~ ..-\ :x::,..,.. P'r:: -o\:D -:)~' ~~.~~:\ "2~ , ) ':::;'.\ 7 ~ -0 ':1':' - <.1' 0' NOV 1 5 ZOOt CA TRINA S. CHARLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 06-5314 CIVIL ACTION - LAW RANDY L. HILE, Defendant IN CUSTODY ORDER ,..~ AND NOW, this I tJ day of November, 2006, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilr , Esquire Custody Con iliator &: ",,? I-"? r) :)~ :?~ \t: ~~j ':~ (~~J:- U)w- dlU u..:c t- U- o - ..::r ~ ~ 0- If) ~:S ~ u:::> = = c:-4 '" .~ o - ,. '4 .. , HAROLD S. IRWIN, III, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF NOV 13 2006,A ~l CATRINA S. CHARLES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 5314 CIVIL TERM RANDY L. HILE, Defendant : Iff DIVORCE ORDER OF COURT NOW, this /1-" day of II~ ,2006, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COUR~ I J. ." tf t \. 8[; : 1I~!V L I AON 9DDZ 1 . , ': (\\ :.. i (." .:j ::JUl.' .JU~ ^tJ V-t ".': '1'._" "'\"'. ..n .:J 3;Ji:I:!(}-G31!::! .. . .. . . . CATRINA S. CHARLES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW : NO. 2006 - 5314 CIVIL TERM RANDY L. HILE, Defendant : IN DIVORCE STIPULATION AND AGREEMENT A ~ ).IA/iJu1~~ THIS STIPULATION AND AGREEMENT entered into this -, day ofpd"l....r, 2006, by and between CATRINA S. CHARLES (hereinafter referred to as "Mother") and RANDY L. HILE (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of a minor child, namely, Gavin L. Charles, born January 14, 2004: and, WHEREAS, the parties were unmarried but residing together at the birth of the child; and, WHEREAS, the parties separated in or about July, 2004 and wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. The Mother shall have primary physical custody of the child. . ~.- . . 3. The Father shall have partial custody of the child every other weekend from Friday evening until Sunday evening and at such other times as the parties may mutually agree from time to time. 4. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. 5. The parties agree to 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. 6. The parties shall do nothing that may estrange the child from each other or hinder the natural development of the child's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that said Court has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ()I;;;i. lZb- CA~RI S. CHARLES -~2= RAND . E (SEAL) (SEAL) . . - . ~ COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the Iftr/i day of ~,~, before, the undersigned officer, appeared Catrina S. Charles, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA : Notarial Seal CJ::.J.ane Adams, Notary Public :'OIDisle Bom, CumbaIIIld c.- ~ Commission Expires Sept. 6, 2088 COMMONWEALTH OF PENNSYLVANIA ~ ~\le.mber On this, the L./ day of Oeteecr: 2006, before, the undersigned officer, appeared Randy L. Hile, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. fVy.tt'l.. r 6 ~ (SEAL) Notary Public 'Rd:~i&!~~- ~:r~~3:~J () r; -p ~JJ mf- ~~} ~2.~ ~t ?~ -< l':l = = CF' o -n .-4 ::I:""TJ rl1 F- -a CT~ -:~~'1~, <,~, l,.,i 1~ () ..-1 ""=> 'J.J ~ -- C:? .....-.;.". I U) -0 :1: - .. c.fl 0'