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HomeMy WebLinkAbout94-04278 I ., I' " " 1 ~ I I " " 1.1 " .1 ;d " I' I ( I I I' ' J I I I ,I " .) Do r- ns ::r 'I, I, ! I ~ .~.~" Q In "i ,~ )- ~. ~ ;;sr; . ~;,.. ~l .. :a: I';r. 0.:: ld (f ,.., ';~ J' '. I' I::) ,;:,.11.1.., J:I ,I' .~) .. ') r.1 ",,';; '.' .r ,,:/: . ,i-,I., ~. .t jl- ."j U , I en ....... .If ~ j.J ~~ j ,~ -l- I ~ ~'" q .~ ~;..;I r:; .-. ~ ~a~I~E P- o ~~ ~~ ~ 0 'Q ~ a: ~~ I ~ ~ =~ 1:i ~ '.. ~ ~ . ~~~~I~ ,..:i ~ IX 8 ~ ~~ "'~'" . ... r- ~ ...:I ~ filE ~ !jj~ , I" , ' I' , , " , ! I . . AU G 0 1 1994"J'" . ,,,... 4 Q ... ..., I.. 0,,) I'll .... ~J WILLIAM L. BOGDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - CUSTODY TRACY L. RUSSELL, Defendant NO. 94 - CIVIL TERM CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF THE SAID COUR'r: 1. Plaintiff is William L. Bogden, who presently resides at 26 Pinehill Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Tracy L. Russell, who currently resides at Apartment 6, 400 Seventh street, New cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks partial custody through appropriate Order of Court regarding the following child: Ryan M. Bogden, born July 30, 1992, Social Security No. 168-74-9985. The child was born out of wedlock. The child is presently in the custody of Tracy L. Russell who currently resides at Apartment 6, 400 Seventh Street, New Cumberland, Pennsylvania. Since birth, the child has resided with Tracy L. Russell at the above-captioned address. From time to time, Plaintiff has had custody of the child but on a limited and infrequent basls. The mother of the child is Tracy L. Russell, currently residing at Apartment 6, 400 Seventh street, New Cumberland, Pennsylvania. The father of t.he child is William L. Bogden currently residing at 26 Pin.hill Avenue, Mechanicsburg, PennsYlvania. 4. The relationship of Plaintiff to the child is that of father to .on. 5. The relationship of Defendant to the child is that of mother to .on. The Defendant currently.resides alone. 6. Neither Plaintiff nor Defendant has previously partioipated in any prior custody matter. No Order of Court presently exists concerning the custody of the child. Plaintiff, William L. Bogden, has filed this Custody Complaint to establish partial custody and to set forth specific time frames for custody with the child. 7. The best interests and permanent welfare of the child, Ryan M. Bogden, will be served by entering an Order of Court which allows Plaintiff to establish a regular and consistent custody contact with the child in accordance with the following conditions: (A) The best J.nterests of the child will be served by allowing Plaintiff father to have regular contacts with the child on an alter- nating weekend basis with periods of contact between each alternating weekend; (B) The best interests of the child will be served by allowing Plaintiff father to engage in periods of partial custody with the child on holidays and special occasions; (C) The best interests of the child will be served by allowing Plaintiff father to have an extended period of contact with the child at certain times during the year, such as vacations or special trips; 2 (D) The best interests of the child will be served by allowinq Plaintiff father to have regular phone access to the child as to expand hi. relationship with his sonl (E) Continuation of the present status of Plaintiff father'. contact with the child which is dependent upon Defendant mother's whim. and desires is not in the best interest as father is unable to develop a relationship with the child which is based upon regular and routine visits. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff William L. Bogden respectfully requests that your Honorable Court enter an order of Court following a Custody Conoiliation, as follows: (a) Entering an Order of Court which establishes Plaintiff to have regular contacts with the child on an alternating weekend basis with periods of contact between each alternating weekend; (b) Entering an Order of Court which establishes Plaintiff father to engage in periods of partial oustody with the child on holidays and special occasions; (c) Entering an Order of Court which establishes Plaintiff father to have an extended period of contaot with the child at certain times during the year, such as vaoations 3 .~ '\, .- , . ~i' '." , I '~'il.i ~tI' ,;.' :',11) .' ..~ .~).. ~,' r " . t,~~ j I l1f" ". /', ~ . '. ~ , \ , ,... i' ,: ., ! ~ I ..' ..~ WILLIAM L. BOGDEN, Plaintift IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVU. AC'rION - CUSTODY NO. 94 - 4278 CIVIL TERM TRACY L. RUSSELL, Detendant CUSTODY STIPULATION A~OREEMENT THIS AGREEMENT AND STIPULATION entered into this dsy ot September, 1994, by and between TRACY!,. RUSSELL (hereinafter reterred to aa "Mother") and WILLIAM L. BOGDEN (hereinafter referred to as "Father") . WHEREAS, the parties are the natural parents of Ryan M. Bogden, born July 30, 1992, social Security No. 168-74-9985, (hereinafter reterred to as the "child") I and WHEREAS, Mother is the natural mother of the aforenamed child and Fsther is the natural father of the aforenamed childl and WHEREAS, the parties are single, separated and living in separate residences I and WHEREAS, the parties wish to enter into an Agreement and stipula- tion relative to custody and partial custody of the childl and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: (1) The parties agree that they shall have joint legal custody ot the child and that Mother shall have primary physical custody ot the child. (2) The parties agree that Father shall have periods of partial physioal oustody on the fOllowing basis: (a) Every other week on the following schedule: i. Week 1 commencing at 9:00 a.m. on Wednesday and ending on the following Friday evening at B:OO p.m, and ii. Week 2 commencing on Friday ~t 9:00 a.m. and ending on the following Sunday at B:OO p.m. iii. The parties agree that this alternating schedule shall begin on Wednesday September 14, 1994 and continue in accordance with this Stipulation and Agreement, iv. In the event Father's work schedule changes to allow him to have off on alternating weekends, or, when the child reaches school age, then Father's partial custody period shall be on alternate weekends commencing on Friday evening until Sunday evening. (b) During the Christmas Hol iday period during the following periods; i. The last Saturday in December prior to Christmas Day baginning at 9:00 a.m. and continuing until B:OO p.m. on such day; ii. On Christmas Day beginning at 9:00 a.m. on Christmas Day and continuing until 2:00 p.m. on Christmas Day; (c) During the Thanksgiving Holiday, beginning at 9:00 a.m. on Thanksgiving Day and continuing until 2:00 p.m. on Thanksgiving Day, (d) uuring the Easter HOliday, beginning at 3:00 p.m. on Easter Day and continuing until B:OO p.m. on Easter Day; (e) It is the intent of the parties to share physical custody of the child on each of the Holidays set forth above. In the event Father's alternating custody period would occur on a Holiday, the parties agree that the alternating custody period shall be modif- ied to conform with Holiday contact period as set forth above. Speoifically, as an example, Father's custody period shall end at 8:00 p.m. on the day immediately preceding Christmas Day or Thanksgiving Day when such Holiday occurs on a Wednesday or 2 Thursday. Father's Holiday custody period would then continue as set forth in subparagraph (b), (c) and (d), as set forth above, (f) Father shall have a period of temporary partial custody as a summer vacation with the child. The period shall not exceed fourteen (14) days. In the event Father desires partial custody with the child as a summer vacation, he shall provide Mother with notice of such intention within thirty (30) days of the requested time period and submit such notice in wri.ting to Mother. prior to June 1 of the appropriate year. In the event Father does not providft such notice to Mother prior to June 1 of the appropriate year, Mother, at her option, may refuse to grant Father partial custody in accordance with this paragraph.. Father shall remain re~ponsible for all expenses incurred by child during his summer vacation and shall provide Mother with all telephone numbers where the child can be reached during such period. (g) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall comroence at 9:00 a.m. and end at 8:00 p.m. on such day. (h) And any other times as the parties may agree. (3) Father shall provide transportation for the pick-up and drop- off of the child in accordance with the time periods set forth above. In the event Father is unable to comply with the pick-up or drop-off times set forth, he shall provide Mothar with at least two (2) hours advance notice, when possible, of his inability to comply with the time con- straints set forth herein. (4) In the event Father is unable to meet the custody schedule set forth above for his period of partial physical custody, he shall provide Mother with advance notice of such inability and further provide an alternate person who will care for the child during Father's period of partial physical custody. (5) The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. Both parties further agree to allow each other to speak with the child at any and all reasonable times as set forth below. 3 , (6) (7) (8) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. Mother and Father agree that each shall directly communicate to each other whenever possible in accordance with the terms set forth in this Agreement and that they shall not use child as a liaison to communicate with each other as to oral modif- ications of this Agreement and stipulation. Mother and Father agree that there shall be reasonable tele- phone access between the child and the non-custodial parent. The parties agree to endeavor to place telephone calls to the child between 7:00 and 8:00 p.m., so as not to interfere with dinner or bedtime, but in no event shall the parties deny phone access to the child at other reasonable times. The child shall be permitted free access to place calls to Father or Mother, as the child desires. (9) This Agreement and stipulation shall be construed under the laws of the Commonwealth of Pennsylvania. For purposes of contract interpretation and for purposes of resolving any ambiguity herein, the parties agree that this Agreement and Stipulation was prepared jointly by their respective attor- neys. Enforcement of this Agreement and stipulation shall occur by any legal or equitabl.e action authorized by law, including the filing a Petition for contempt. Father and Mother acknowledge that Andrew C. Sheely, Esquire, is counsel for Father and that Joan E. Carey, Esquire, is counsel for Mother. The parties further acknowledge that they fully understand the legal effect of the within and have fully reviewed the same in its entirety prior to execu- tion of this . Furthermore, both parties acknowledge that their execution of this Agreement and Stipulation has been done voluntarily and knowingly and that their execution is not the result of any duress, undue influence, fraud, con- cealment, overreaching, coercion, or other unfair dealing on the part of the other. (10) (11) 4