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HomeMy WebLinkAbout07-4878KELSEY GORDON, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 7 - ~ ~ ~ ~ Civil Term RYAN GORDON, :ACTION 1N CUSTODY Defendant 1. Plaintiff is Kelsey Gordon, who currently resides at 2224 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Ryan Gordon, who currently resides at 2224 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Landon R. Gordon March 30, 1996 2224 Newville Road Carlisle, Pa. 17013 Mother and Father married on August 1, 2005. Mother and Father are anticipating separating in the near future and Mother will have primary physical custody of the child. CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kelsey Gordon Ryan Gordon 2224 Newville Rd. Carlisle, Pa. 17013 12/06 to present. Kelsey Gordon 162 Conodoguinet Mobile Est. 3/30/06 - 12/06 Ryan Gordon Newville, Pa. 17241 The mother of the child is Kelsey Gordon. She currently resides at 2224 Newville Road, Carlisle, Cumberland County, Pa. 17013. She is married to Ryan Gordon. The father the child is Ryan Gordon. He currently resides at 2224 Newville Road, Carlisle, Cumberland County, Pa. 17013. He is married to Kelsey Gordon. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with Father and the child. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with Mother and the child. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone 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 granting the relief requested because: The parties currently live together but Mother anticipates leaving the marital home in the near future. Mother works part-time and has been the primary caretaker of the child since birth. The parties have agreed that upon separation, Mother will retain ,primary custody of the child and Father shall have liberal periods of partial custody as agreed. Mother is requesting a custody order which would confirm the parties' agreement. Mother believes that such an Order would be in the best interest of the child because it would provide stability for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: ~ l ~ • ~ ~ _ ane Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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. U ~ l~~~l l u Date: ~, ~~ . ~`'~ Ke sey or , Plai tiff ~__ ~J -- A ; r ~ }~ -r~ ~ ~ -.[• r. _: ~, _~,. , , ' ~ , ~.a `O ` - - „~ Q a `L~: "L7 ~ i ~ KELSEY GORDON, Plaintiff vs. RYAN GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O7- `~ P ~ ~ Civil Term ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~ day of ~~ ~ 2007, by and between KELSEY GORDON, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and RYAN GORDON, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Landon R. Gordon, born March 30, 2006; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custodv. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custodv. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. Father shall be entitled to an additional block of time with the children on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall conununicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Wit ess elsey Gor ,Moth r Witn ss yan Gordon, Father ~ r., c = ~; ° c , , i ~~ ~ %- ,- ~+ y ~ .. -_ c~ ~ .~t~ri e' ~ ::t] (\,I '^C AUG 28 2007 p~ KELSEY GORDON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O ~_ ~! F 7 b' Civil Term RYAN GORDON, :ACTION IN CUSTODY Defendant ORDER c~ 1~ AND.NOW, this ~- 3 day of it~lgv3~ , 2007, having reviewed the attached agreement between the parties dated August 13, 2007. it is hereby ORDERED and DECREED as follows: 1. Kelsey Gordon and Ryan Gordon shall share legal custody of their child, Landon R. Gordon, whose date of birth is March 30, 2006. 2. Kelsey Gordon shall have primary physical custody of Landon R. Gordon, and Ryan Gordon shall have periods of partial physical custody as the parties mutually agree. 3. The parties' agreement, dated August 13, 2007, shall be entered as an Order of Court. cc: ~e Adams, Esquire, for mother ~an Gordon, father :~: ~ ~+~~ {:' , ti~ i ~ti} ~"Jf~ , ~'s}i'~ ~~lt~~.C-~' __''~ ~:~ ~k~l ~0 KELSEY GORDON, Plaintiff vs. RYAN GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ©7- y P ~ 8 Civil Term ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~ day of ~~~"` , 2007, by and between KELSEY GORDON, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and RYAN GORDON, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Landon R. Gordon, born March 30, 2006; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custodv. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custodv. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. Father shall be entitled to an additional block of time with the children on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Wit ess elsey Gor ,Moth Witn ss yan Gordon, Father ~~~ ' i S ~ (.,~rP ~ ~ ~. _ ~~ r ` i. ..~.~ ~= ~ ..~:2 f_`.. i ~ ~ %' ~ ~~ f = Ls~ = _, _ ~ ~ d rt KELSEY GORDON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. U~ - ~ ~ ~~ Civil Term RYAN GORDON, :ACTION IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~~ day of , 2007, by and between KELSEY GORDON, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and RYAN GORDON, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Landon R. Gordon, born March 30, 2006; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. a. Father shall have a block of time with the child every other weekend from Friday at 8:30 p.m. through Sunday at 8:30 p.m. b. Mother shall always have the child on Mother's Day from 9:00 a.m. through 5:00 p.m. and Father shall always have the child on Father's Day from 9:00 a.m. through 5:00 p.m. c. Mother shall always have the child on the following days: all holidays, including New Years Eve, New Years Day, Easter, Thanksgiving, and Christmas Eve, Christmas and the child's birthday. The holiday schedule shall supercede the normal alternating weekend schedule. d. Father shall be entitled to additional liberal periods of partial custody with the child as the parties mutually agree. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. On~oin~Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. I0. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ~~~ W' ness Kel ey G rdo ,Mother Wi ess Ryan Gordon, Father ~ m _ ._4Ji __ ~. i. ~ ~ - Y C.. C~ ;--# ~ ~ " KELSEY GORDON, Plaintiff vs. RYAN GORDON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ©/ ~ ~'~ ~ ~ ~j Civil Term ACTION IN CUSTODY Defendant ORDER AND NOW, this ,~jca day of ~c-vo , 200~j, having reviewed the attached agreement between the parties dated the 27`h Day of December, 2007, it is hereby ORDERED and DECREED as follows: 1. Kelsey Gordon and Ryan Gordon shall share legal custody of their child, Landon R. Gordon, whose date of birth is March 30, 2006. 2. Kelsey Gordon shall have primary physical custody of Landon R. Gordon, and Ryan Gordon shall have periods of partial physical custody as the parties mutually agree. 3. The parties' agreement, dated December 27, 2007, shall be entered as an Order of Court. _ Judge M.L. Ebert, Jr. cc: Jane Adams, Esquire, for mother Ryan Gordon, father ~'rs jai ~c~ /~f ~~ ~~ ~ ~;~~r~:~~ ~~~~ •~ ;'~~ 1~~, ~ ,; . r ~. ~ ~ j ''!~f~ i