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HomeMy WebLinkAbout95-01687 DANIEL J. BEHRENS and KIMBERLEE K. BEHRENS, Plaintiffs IN TillE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 95-1687 CIVIL TERM CIVIL ACTION--LAW CATHERINE HEMPSTEAD-GRIGGS and LARRY ENGLERT, Defendants CUSTODY ORDER OF COURT AND NOW, this s~ day of -.,....., a..; 1995, upon consideration of the with Custody Stipulation and Agreement between Daniel J. Behrens and Kimberlee K. Behrens, hereinafter "Mr. and Mrs. Behrens" and Catherine Hempstead-Griggs, hereinaf- ter "Mother," it is hereby ordered as follows: 1. The parties shall have shared legal custody of the child, meaning that they shall share the legal right to make major decisions affecting the best interest of the child and all of the major matters related to the child, including, but not limited to, medical, religious and educational decisions, 2. Mr, and Mrs, Behrens shall have primary physical custody of the child. 3. Mother shall have partial physical custody and visitation with the child as agreed between the parties. 4. Neither party 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 and affection for the other to, medical, religious and educational decisions. 2. Mr. and Mrs, Behrens shall have primary physical custody of the child. 3. Mother shall have partial physical custody and visitation with the child as agreed between the parties. 4, Neither party 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 and affection for the other party. 5. The failure to either party to insist on strict perform- ance of the provisions of this stipulation and agreement shall not be construed as a waiver of any subsequent default of the same or similar provision. 6. The parties agree and desire that this stipulation and agreement be made an Order of Court of the Court of Common pleas of Cumberland County, Pennsylvania, 7. This stipulation and Agreement shall become an Order of Court with the Court of Common pleas of Cumberland County, enter- ing said Order and retaining jurisdiction should either party desire or require 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, DANIEL J, BEHRENS and KIMBERLEE K. BEHRENS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. (j.:J - Ire ~7 CIVIL TERM CIVIL ACTION--LAW CATHERINE HEMPSTEAD-GRIGGS and LARRY ENGLERT : CUSTODY Defendants ORDER OF COURT AND NOW, this 0t~ day of /lflrt J , 1995, upon consideration of the attached complaint, it is hereby di- rected ~hat the parties and their respective counsel appear before "u1. 'Iro E &<, , the conciliator at o '" rt >.ovv.1 ,. oD the , 1995, at .l:t.... m. 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 five or older shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By: ~-{L_e-t:/f-kA~A'-~< Custody Conciliator ~ ~ -rJ?'~ The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommoda- tions 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 hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Plaintiffs have no information of a custody proceeding con- cerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the pro- ceedings who has physical custody of the child or 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 granting the relief requested for the following reasons: a. Defendant Englert has not had contact with the child for several years and has shown no interest in obtaining custody; b. Defendant Hempstead-Griggs voluntarily relinquished custody to Plaintiffs on December 14, 1994, where he has lived since; c. Defendant Hempstead-Griggs previously attempted to place the child with relatives but was unsuccessful; d, Plaintiffs believe and therefore aver that Defendant Hempstead-Griggs previously abandoned the child and her other children on or about January 30, 1994 without providing informa- tion as to her whereabouts; e. Plaintiffs believe and therefore aver that Defendant Hempstead-Griggs has punched the child in his chest and forceful- ly grabbed him by the back of his neck thereby placing him in fear of imminent bodily injury; f. Defendant Hempstead has failed to demonstrate the stabil- ity necessary to raise a teenage son; g. Plaintiffs have offered to the child a stable environment with peers within the household to act as proper role models; and ~\ :'t,.:"..", ~ 't:' ~ "" l~ ~,& L..> ~. ~. . ~ It- c' <,' t' . C' ~ I .., - C ~~' l"j - lJ..I ]."-. ~ ,-" .~ :\- " ....... :--- (") ,- ~ .....-..... U'~ __1 l - ~ l.J1 ~ i', '-'t~ "', F " "- .... ...... ,-, ~ ...