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HomeMy WebLinkAbout02-2509 SAIDIS SHUFF, FLOWER & LINDSAY ATIDRI~YS,AT*LAW 26 W. High Street Carlisle, PA CINDY MAE BOOMER~ FORMERLY CINDY MAE ALTER, PLAINTIFF/PETITIONER VS, GERALD ANDREW ALTER, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW NO. 2002 - CIVIL IN CUSTODY PETITION FOR RELOCATION NOW COMES Cindy Mae Boomer, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. The parties hereto are the parents of three children: Kayla Mae Alter, bom March 23, 1990; Kyle Andrew Alter, bom May 24, 1991; and Cody Martin Alter, bom May 10, 1993. 2. The parties were married on July 23, 1988 in Cumberland County, Pennsylvania, and separated while they resided in Virginia in 1995. They were divorced on October 23, 1995 by the Circuit Court for the County of Albemarle, Virginia. 3. On September 13, 1995, the parties entered into a Stipulation Agreement, a copy of which is attached hereto as Exhibit "A". The Agreement contained a custody provision. (See Paragraph 1 of the Stipulation Agreement.) 4. In 1996, Petitioner relocated to the Commonwealth of Pennsylvania where she has resided ever since. 5. In 2001, Petitioner remarried. 6. Respondent moved from Virginia to Illinois, but ultimately, in 1998, he relocated to the Commonwealth of Pennsylvania, where he has resided ever since. SHERIFF'S RETURN - CAS~ NO: 2002-02590 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTRAL PA DATA SERVICES INC VS. DANE RICHARD D/B/A SHARED DATA U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DA/~E RICHARD D/B/A SHARED DATA , SERVICES by United States Certified Mail postage prepaid, on the 29th day of ~a¥ ,2002 at 0000:00 HOURS, at 60 CHELSEA COP~NERS CHELSEA, AL 35043 and attested copy of the attached WRIT OF SUMMONS with · a true Together receipt card was signed by MICHELLE HINTON 06/01/2002 The returned on Additional Comments: Sheriff,s Costs: Docketing 18.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 .00 31.95 Sheriff of Cumberland County Paid by OBRIEN BARIC SCHERER Sworn and subscrij~ed to before me this /? ~ d _ - ay of _~*P- A.D. ~ot hon0t ar~ on 06/11/2002 SAIDIS SHUFF, FLOWER & LINDSAY A~OIO~YS*AT*LAW 26 W. Hi?,h Street Carlisle, PA relocation to Pennsylvania. Respondent has resided in County where he presently resides. 8. Respondent is currently facing criminal charges in Adams County, Pennsylvania for the sexual abuse of the parties' children. 9. Petitioner's husband has accepted a position of employment in Ohio. 10. Petitioner wishes to relocate with her husband and the children to Ohio. WHEREFORE, Petitioner prays this Honorable Court to permit the relocation of the parties' children to Ohio. Plaintiff has resided in Cumberland County with the children since her Perry County and Adams SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF BY: ~/~ lC ~9~UIRE 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AT~ORNEYS.AT*LAW 26 W. High Street Carlisle, PA VERIFICATION l, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN 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. ~/ ~c,~'~ ~^~ ~oo~ DATE: STIPULATION AGREEMENT THIS AGREEMENT, made this ~'~ day of September, 1995, by and between CINDY MAE ALTER ("Wife-) (Social Security No. 180-54- 3575) and GERALD ANDREW ALTER ("Husband-) (Social Security No. 193-52-4908), collectively referred to as "the parties-. The parties hereto are husband and wife, having been married on 7/23/88, in Cumberland County, Pennsylvania. There were three children born of this marriage, Kayla Mae Alter, born 3/23/90, Kyle Andrew Alter, born 5/24/91, and Cody Martin Alter, born 5/10/93. Marital difficulties have arisen between the parties and the parties are now living separate and apart with no possibility of reconciliation. This Stipulation Agreement is made by the parties to settle the custody of their children and all of the financial matters existing between themselves; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants, obligations, and undertakings of this Agreement, it is agreed between the parties as follows: 1. ~]L~__~9~y. Husband and Wife share a concern for the welfare and best interests of their minor children. They each respect the others parental role in the children,s lives and agree that both of them are fit and proper parents. The parties agree to continue the joint custody of the children born of this ~arriage, subject to the following provisions, and the other '~ions of this agreement: a. ~ The children Will both reside priF with the Wife with reasonable visitation by the Husband. The parties agree that at a minimum Husband will be permitted to take the children from their residence with the Wife for overnight visitation in his home two days per week. The parties agree to meet from time to time in order to arrange a mutually convenient advance schedule. Each party agrees to give thoughtful consideration to any request from the other for a change in the schedule to deal with unanticipated situations, or to permit a visit of the children while residing with the other party. b. ~ Husband may take the children individually or separately from their residence with the Wife for a two week annual summer vacation, during the month of July, or at any other time mutually agreed upon by the parties. For the purposes of this vacation and during this two week period, the children may be taken out of the state or the country, in the company of the Husband. c. ~.B. Husband and Wife will make best efforts to maintain their respective residences in Albemarle County, Fluvanna County, or an adjacent county or city. Should either Husband or Wife leave the Central Virginia area, the parties will make best efforts to renegotiate this agreement regarding the residence and visitation of the children. d. e~. The parties each have authority to consent to emergency medical treatment. They agree to consult with each other on major health decisions. Each shall have access to professional consultation and records regarding the children,s treatments. The Husband shall continue to provide health insurance for the children and the Wife. e. Education. In making school plans for the children the parties shall consider the available options, the educational needs of the children, and everyone,s convenience. The parties agree to consult with one another regarding other major school activities for the children, sharing expenses where agreed. Both parents shall have the right to be informed of and participate in conferences with the ch±ldren,s teachers and counselors and to have full access to grades and other school records. Either parent may represent the interest of either child with respect to vindicating his or her rights to special education, which may include seeking free and appropriate public education through litigation or compromise with the public school system. f. ~eneral UDbrin~inq. The parties each shall put no obstacle in the way of maintenance of love and affection between the children and each of them, nor in the way of a reasonable and pz~'ar companionship between the children, nor shall either party do anything to estrange the children from the other party. The parent with whom the children are residing with at a particular time shall be responsible for matters of day-to-day parental supervision. No other person shall be permitted to become a #substitute parent.# Any'caring and responsible adult having regular contact with the children may at times need to exercise authority over them. The parties agree to discuss openly any problem that arises in this regard. g. DisDutes Over Children. The parties recognize that they may not always agree concerning the children. In such case they agree to seek the advice of a person known and trusted by them both consulting legal counsel. 2. Child Su ort. The Husband and Wife shall keep each other informed of any changes in their respective gross monthly salaries. The Husband shall pay to the Wife child support in accordance with those salaries and the applicable support guidelines contained in Section 20-108.2 of the Virginia Code as amended (hereinafter, #guidelines#). The parties shall annually provide each other with copies of their federal income tax returns within one week of their filing. On July 1 of each year, beginning with July 1, 1996, the amount of child support shall be adjusted in accordance with the guidelines. Until July 1, 1996, the Husband shall pay to the Wife monthly the sum of $814.73, unless otherwise agreed to by the parties in writing, this sum being based on the Husband,s gross monthly income of $3,000.00 and Wife,s of $800.00. 3. Dependency ExemDtion' Provided the Husband in otherwise in compliance with the terms of this agreement, specifically his obligation to pay to the Wife child support, be shall be entitled as between the parties to this agreement to claim the minor children of the marriage as dependents on his state and federal tax returns. 3. SDOUsal Summor~. The parties waive any claim for spousal support from the other. 4. ~. The parties have represented to each other that neither has an interest in real property. 5. Personal property. The parties agree to permit each to retain all personal property in his or her possession. 6. ~. The parties agree that henceforth each shall be responsible for his or her own debts, and that any joint indebtedness heretofore incurred shall be the sole responsibility of the Husband. 7. Attornev,s Fees a~d Cost~. Each party shall be responsible for his or her own attorney,s fees, and the parties shall split equally all taxable court costs in any divorce proceeding between the parties. 8. Documentat ~n. Each of the parties agrees, at the request of the other, at any time, to execute any and all documents, instruments, deeds, titles or other papers which may be necessary to give full force and effect to the terms of the Agreement. 9. Voluntarv Execution%. The parties represent they have each consulted an attorney regarding the provisions and effect of this Agreement. The parties acknowledge that this Agreement is entered into by each with the full knowledge on the part of each of the extent and probable value of all the property and estate of the other, and of the rights which in the absence of the Agreement may be conferred by law upon each of them in the property and estate of the other; and each of them has executed this Agreement of his or her own volition, free of any persuasion, influence, duress or fraud on the part of the other, or any person whomsoever. 10. Affirmation, Ratification and Inco~uorat%0~. The parties agree that they shall be subject to, and governed by, the terms of this Agreement, and that this Agreement shall be presented to the appropriate court for affirmation, ratification and incorporation into any decree which may be entered in any action between the parties, the terms hereof to be enforceable in the same manner as any provision of such decree pursuant to Section 20-109.1, of the Code of Virginia, as amended. 11. V~Law' This Agreement is to be interpreted and enforced in accordance with the laws of the Commonwealth of Virginia. 12. Waiver of Estates. The parties each waive all rights to inheritance in the estate of the other, any right to elect to take against the Will of the other, and the right to act as executor or administrator of the Will or estate of the other. The parties further waive any additional rights which either has or may have by reason of their marriage, including rights of dower or curtesy, except the rights saved or created by the terms of this Agreement. 13. General Release. Except for the foregoing, the parties mutually release each other from every other kind of claim, whether in law or equity. 14. v~9_~~' If a court of competent jurisdiction shall, at any time, hold that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect provided this Agreement has not theretofore been breached or violated by either party. WITNESS the following signatures and seals: (SmXL) (SEAL) STATE OF VIRGINIA CITY/ oF , to wit: Th~ foregoing instrument was acknowledged before me this ~--"day of September, 1995, by Cindy Mae Alter. Notary Public 7 , to wit: l .~The foregoing instrument was acknowledged before me this day of September, 1995, by Gerald Andrew Alter. Notary Public -- CINDY MAE BOOMER FORMERLY CINDY MAE ALTER PLAINTIFF V. GERALD ANDREW ALTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2509 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 07, 2002 at 1:30 PM 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 hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. Custody Conciliator 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY A~Y~AT.LAW 26 W. High Street Carlisle, PA CINDY MAE BOOMER, FORMERLY CINDY MAE ALTER, PLAINTIFF/PETITIONER VS. GERALD ANDREW ALTER, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW NO. 2002 - 2509 CIVIL IN CUSTODY ACCEPTANCE OF SERVICE I ACCEPT SERVICE OF THE PETITION FOR RELOCATION AND ORDER OF COURT OF MAY 23, 2002, ~N THE ABOVE CAPTIONED MATTER. DATE ,~-~,L"-D AI~DREW ALTER, DEFENDAN~'""-T JUN 0 6 2002 JU~'~2002 CINDY MAE BOOMER, formerly: IN THE COURT OF coMMON PLEAS OF : CUMBERLAND coUNTY, pENNSYLVANIA CINDY MAE ALTER, Plaintiff V. GERALD ANDREW ALTER, Defendant :NO. 2002-2509 CIVIL TERM :CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT_ ,2002, upon AND NOW, this I I ' day of~ . ~ :. ^~Ao~ed and directed as consideration of the attached Custody Conciliation Report, ~t ~s omc ..... follows: 1. The Custody Conciliation Conference is hereby continued generally, pending the outcome of the Defendant's criminal trial in Adams County. 2. Either party may request another Conciliation Conference be scheduled in this matter. BY THE COURT, /~; j ,~Sreg Lensvower, Esqmre, 0~_~- II-o o~ i ~ juN/O07- PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CINDY MAE BooMER formerly: IN THE COURT OF coMMON CINDY MAE ALTER Plaintiff V. GERALD ANDREW ALTER, Defendant : 2002-2509 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY pRIOR JUDGE: None ~ILIATION sUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND cOUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: , 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Kayla Mae Alter March 23, 1990 Mother Kyle Andrew Alter May 24, 1991 Mother Cody Martin Alter May 10, 1993 Mother · s held in this matter on June 7, 2002, with A Conciliatton Conference.wa,",_,t.~ Cindy Mae Alter, with her counsel, the follo2~ving individuals in attendance: The' lvtmL~-, ---- ~ Greg Carol Lindsay, Esquire and the Father, Gerald Andrew Alter, with his counsel, Lensbower, Esquire· 3. Mother filed a Petition to Relocate· Her present husband has accepted employment in Ohio. 4. Father is currently facing criminal charges in Adams County for sexual abuse of the subject children· As a condition of bail, Father is to have no contact with the children. Father has postponed.the trial on the criminal charges more than once· 5. Mother should be permitted to relocate· 6. The parties agreed to continue this matter pending the outcome of the er iminal char ge s. ~~¢~ - ~ - 7 ~9 :Z- f~line M. Verney, ~t Date t/Cusiody Conciliator CENTRAL PA DATA SERVICES, INC., Plaintiff, RICHARD DAME, d/b/a SHARED DATA SERVICES, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002-2590 CIVIL TERM :CIVIL ACTION-EQUITY PRAECIPE TO ENTER JUDGMENT FOR DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment against the Defendant, Richard Dame, d/b/a Shared Data Services in the above matter for failure to plead. As fixed by the Complaint, the amount due is One Hundred Seven Thousand Forty-seven and 02/100 ($107,047.02) Dollars. Attached hereto and incorporated as Exhibit "A" is a certification of mailing of the Notice of Intention to enter Judgment by Default and the Notice of Default. Richard Dame was served with a writ of summons on June 1, 2002. A copy of the Sheriff's Return is attached as Exhibit "B" and is incorporated. The complaint was mailed to the Defendant on July 24, 2002. A copy of the certificate of service from the complaint is attached hereto as Exhibit "C" and is incorporated. David A. Baric, Esquire ID#44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 CENTRAL PA DATA SERVICES, INC., Plaintiff RICHARD DAME d/b/a SHARED DATA SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -2590 CIVIL TERM CIVIL ACTION-EQUITY TO: Richard Dame Shared Data Services 60 Chelsea Comers Chelsea, Alabama 35043 DATE OF THIS NOTICE: August 21, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. US. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA[L, DOES NOT PROVIDE FOR INSU NCE-POSTMASTER . . , !~ ~ c , PS Form 3817. Janua~ 2001 CERTIFICATE OF MAILING louse k. Baric, Esquire ~4853 ;t South Street .~, Pennsylvania 17013 49-6873 da b/corporate/cent ralpadata/dam etendaydtr [ Exhibit "A" SHERIFF'S RETURN - U.S. CASE NO: 2002-02590 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTRAL PA DATA SERVICES INC VS. DAME RICHARD D/B/A SHARED DATA CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DAME RICHARD D/B/A SHARED DATA , SERVICES by United States Certified Mail postage prepaid, on the 29th day of ~ay ,2002 at 0000:00 HOURS, at 60 CHELSEA CORNERS CHELSEA, AL 35043 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by MICHELLE HINTON .06/01/2002 a true Together The returned on Additional Comments: Sheriff,s Costs: Docketing Cert Mail Affidavit Surcharge 18.00 3.95 .00 10.00 .00 31.95 So answers: R. Thomas Kline Sheriff of Cumberland County Paid by OBRIEN BARIC SCHERER Sworn and subscribed to before me this day of A.D. on 06/11/2002 Prothonotary Exhibit · Complete items 1, 2, and 3. Also Complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Richard Dame d/b/a Shared Data Services 60 Chelsea Corners Chelse~i.~ ar ~, .-- 35043 A. Signature Q is delivery add~ Jf YES, enter delivery address below: r'~ No 3. Service Type ~ Certified Mai~ [~ Express Mail J~ Registered F"l Return Receipt for Merchandise [~] insured Mail r-I C.O.D. 7001 25t0 0009 1017 0628 elves PS Form 3811, Aucmst 20hi - 02-25 · ~ ~vum Domestrc Return Receipt 90 C1V , CENTRAL PA DATA : SERVICES, INC., : Plaintiff RICHARD DAME d/b/a SHARED DATA SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2590 CIVIL TERM CIVIL ACTION-EQUITY CERTIFICATION OF SERVICE hereby certify that on July 24, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Complaint by first class U.S. mail, postage prepaid, to the party listed below, as follows: Richard Dame Shared Data Services PNB 204 60 Chelsea Corners Chelsea, AL 35043 David A. Baric, Esquire Attorney for Plaintiff Date: July24,2002 Dave/Cot porate/CentralPAData/Com plaint3.pl Exhibit "C"