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HomeMy WebLinkAbout01-5526JANET L. LUTHER, Plaintiffs VS. CHRISTINA L. LUTHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: (~]- '~t~ C ~ \ : IN CUSTODY MOTION NOW COMES the Plaintiff, JANET L. LUTHER, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is JANET L. LUTHER, an adult individual currently residing at 81 Sherwood Circle, Enola, County of Cumberland, Pennsylvania. 2. That Defendant is CHRISTINA L. LUTHER, an adult individual currently residing at 81 Sherwood Circle, Enola, County of Cumberland, Pennsylvania. 3. That Plaintiff is the maternal grandmother and Defendant is the natural mother of a minor child, TYLER GLEN LUTHER, born August 15, 1999. 4. That the whereabouts of the natural father of the minor child is unknown to Plaintiff and Defendant. 5. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor child, and the said Stipulation is attached hereto. 6. That the parties desire that said Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff JANET L. LUTHER, Plaintiffs VS. CHRISTINA L. LUTHER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, JANET L. LUTHER, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JANET L. LUTHER, who currently reside at 81 Sherwood Circle, Enola, County of Cumberland, Pennsylvania. 2. Defendant is CHRISTINA L. LUTHER, who currently resides at 81 Sherwood Circle, Enola, County of Cumberland, Pennsylvania. 3. Plaintiffs seek to have rights of primary physical and legal custody with respect to THLER GLEN LUTHER, born August 15, 1999. The child was born out of wedlock. The child is presently in the custody of Plaintiff, JANET L. LUTHER. Since birth the child has resided with the following persons and at the following addresses: From birth until the present with Plaintiff and Defendant at 81 Sherwood Circle, Enola, Pennsylvania. The mother of the child is CHRISTINA L. LUTHER who currently resides at 81 Sherwood Circle, Enola, Pennsylvania. She is not married. The father of the child is FELIX RAMOS whose whereabouts is unknown to Plaintiff or Defendant. 4. The relationship of the Plaintiff to the child is that of maternal grandmother. The Plaintiff currently resides with the child and with Defendant. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the Plaintiff and with the child. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and legal custody in Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor child. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion and Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~'~NET L. LUTHER DATE JANET L. LUTHER, Plaintiffs VS. CHRISTINA L. LUTHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: : : IN CUSTODY STIPULATION AGREEMENT, made this 24~ day of September, 2001, by and between JANET L. LUTHER, hereinafter referred to as "Custodial Parent;" and CHRISTINA L. LUTHER, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, JANET L. LUTHER, is the maternal ~randmother and CHRISTINA L. LUTHER is the natural mother of a minor child, TYLER GLEN LUTHER, born August 15, 1999; and WHEREAS, the whereabouts of the natural father of the minor child is unknown; and WHEREAS, the parties have reached an a~reement concernin§ the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. Custodial Parent, JANET L. LUTHER, shall have primary physical and legal custody of the subject minor child. Said rights of legal custody shall include the right to make all decisions and to authorize medical treatment for the minor child, the right to educate the minor child in the public school district of the Custodial Parent, or at such other educational institution as she may deem fit, and to provide a religious upbringing for the child as the Custodial Parent shall deem appropriate. 2. Mother, CHRISTINA L. LUTHER, shall have liberal rights of temporary physical custody of the minor child as the parties shall from time to time agree. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS WITNESS ~L~N-~T L. LUTHER CHRISTINA L. LUTHER JANET L. LUTHER, Plaintiffs VS. CHRISTINA L. LUTHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: ~ '~.-~o~ ~ : IN CUSTODY ORDER AND NOW, this ~ day of ~,~,, 2001, upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Ordered as follows: 1. Custodial Parent, JANET L. LUTHER, shall have primary physical and legal custody of the subject minor child. Said rights of legal custody shall include the right to make all decisions and to authorize medical treatment for the minor child, the right to educate the minor child in the public school district of the Custodial Parent, or at such other educational institution as she may deem fit, and to provide a religious upbringing for the child as the Custodial Parent shall deem appropriate. 2. Mother, CHRISTINA L. LUTHER, shall have liberal rights of temporary physical custody of the minor child the parties shall ~time to time agree. as BY TH~ JANET T, T.TT'I"T-T!~!~