Loading...
HomeMy WebLinkAbout07-5478NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE' PA 17013 (717) ?~11-4136 ATTORNEY FOR PLAINTIFF KATIE L. IRWIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW CECIL G. IRWIN, III, : N0.2007 - ~~ CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR C STODY NOW comes the plaintiff, byher attorney, Nathan C. Wolf, Esquire, and f1`les this complaint and agreement for custody, representing as follows: 1. The plaintiff is Katie L. Irwin, an adult individual residing at 231 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Cecil G. Irwin, III, an adult individual residing at 203 Gettysburg Pike, Dillsburg, York County, Pennsylvania 17019, 3. The parties are the natural parents of two minor children, namely, Jaxson Tyler Irwin (born May 8, 2002, age 5) and Cameron N1chol~s Irwin (born May 5, 2004, age 3). 4. The chikinen resided with both of the parties from the birth of the children until the parties' separation in December of 2043. The children have primarily resided in the custody of the mother since the parties' separation. 5. The plaintiff has not participated as a party, witness or in .any other capacity in other litigation concerning the custody of the children in this or another coup. 6. The plaintiff has no information regarding any other custody proceeding concerning the chilclnen pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a partyto the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children. 9. There has been no prior Judge assigned to this matter. 10. Both parties, as evidenced bytheir joint execution of this complaint, have nuitually agreed upon an amicable arrangement for the legal and physical custody of the children and. request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their two minor children. B. The Mother shall have primary physical custody of the children subject to Father's periods of partial physical custodyas follows: 1. Father shall have partial physical custody of the children on alternating weekends beginning from Friday at 5:00 o'clock p.m., or at the end of the school day if school is in session until, Sunday at 2:00 o'clock p.m 2. Each party shall be entitled to seven days of uninternipted custody of the chddren each summer.. Each party shall give the other sixty (60) days written notice of the week which they intend to take. The vacation time set forth herein shall be inclusive of anyweekend visitation set forth in paragraph (10)(B)(1) herein. C. .The parties shall share physical custody of the children on holidays as follows: a. Mother shall have the children from December 24~' at 12:00 noon until December 25`~ at 1:00 p.m. b. Father shall have the children from 1:00 p.m on December 25's until 12:00 p.m on December 26`x. c. Mother and Father shall share custody of the children on 'Thanlsgiving and Easter by agreement" d Mother and Father shall share custody of the children on New Yew's Day, Memorial Day, Independence Day and Labor Day such that Father's work schedule shall be accommodated as much as poss~le, however Mother shall have custody on no fewer than two (2) of the above holidays each year. D. The Father shall. ahvays have the children on Father's Day and the Mother shall always have the ch>7dren on Mother's Day. E. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. F. The receiving party shall be respons~le for transportation of the children (i.e. the party who is beginning their period of custodyj, unless otherwise agreed. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the heakh, welfare and well being of the children is protected I. The parties shall do nothing that may estrange the children f rom the other partyor hinder the natural development of the children's love or affection for the other p~3'• J. Neither party shall consume alcohol in excess while exercising his or her period of custodywith the children. K. In the event of the breach of the agreement of the parties by any parry, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurned bythe successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. Any modification or waiver of any of the previsions of the agreement of the parties shall be effective only if made in writing and only if executed -with the same formality of the agreement of the parties. NL The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the children as aforesaid. /7 2007 NAT~~~~~C."WOLF AttD for Plaintiff We do herebyverifythat the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswarn falsification to authorities. Furthermore, bythe execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other roceeding. ~ ~~~ aoo~ ~sEAL) ~~.~i 7 , 200 (sE~.) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the day of J P , 2007, before me, the undersigned officer, personally a ared KATIE L. IR_IN, kno to me or satisfacto ' coven to be the rson whose name is PPe ( ~yP ) Pe subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained _~;~'~~~ OF, I hereunto set my an fficial seal NtrterMl3eN Neltwt c. VVdf, Nttrry PubAo (SEAL) c~ e°"°' No nblic ~t~amllrlonExpiriNAp,1q,~ Peraayivarrta Awoolagon Of NoM~ COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the day of 2007, before me, the undersigned officer, personally appeared CECdL G. DIN, III, own to me (or satisfactordyproven) to be the person whose name is subscribed to the within instrument and acl~owledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set myhand and official seal MONVVlII~~~ PENNSY~, LVANIA ) NobirlN Seal Public Jerxtifer N. t3torre, Notary Pubic SYver SPrbt9 Twp., Ctmberleirtd Oounty My Corrxrdssfon Fa~ires Jan. 28, 2006 Member, Pennsylvania Association of Nc~~taries ~~ a ~`, t~~' ~,_~ ro ~ 4 ~ ~ (~ ~' ""- -"'t C'' ~.," -c ~4. F` ~~ , SEP 17 2007 p~ SATIE L. IRWIN, : IN THE COURT OF COMMON PLEAS OF plaintiff :CUMBERLAND COUNTY, PENNSYLVAI~TIA v. :CIVIL ACTION -LAW CECIL G. IRWIN, III, : N0.2007 - ~ ~ ~ CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~y of ~ ~ h~ . , 2007 upon presentation and consideration of --~~`-~- the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their two minor children, namely, Jaxson Tyler Irwin (born May 8, 2002, age 5) and Cameron Nicholas Irwin (born May 5, 2004, age 3). B. The Mother shall have primary physical custody of the children subject to Father's periods of partial physical custodyas follows: i. Father shall have partial physical custody of the children on alternating weekends beginning from Friday at 5:00 o'clock p.m, or at the end of the school day if school is in session until, Sunday at 2:00 o'clock p.m. ii. Each party shall be entitled to seven days of uninterrupted custody of the children each summer. Each party shall give the other sixty (60) days written notice of the week which they intend to take. The vacation time set forth herein shall be inclusive of anyweekend visitation set forth in paragraph (B)(i) herein. •, C. The parties shall share physical custody of the children on holidays as follows: i Mother .shall have the children from December 24`~ at 12:00 noon until December 25`~ at 1:00 p.m. ii Father shall have the children from 1:00 p.m, on December 25`~ unti112:00 p.m, on December 26~`. iii. Mother and Father shall share custody of the children on Thanksgiving and Easter by agreement. iv. Mother and Father shall share .custody of the children on New Year's Day, Memorial Day, Independence Day and Labor Day such that Father's work schedule shall be accommodated as much as possible, however Mother shall have custody on no fewer than two (2) of the above holidays each year. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. The parties shall endeavor to share custody of the chi~r~en on the children's birthdays as much as poss~le. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The receiving party shall be responsible for transportation of the children (i.e. the party who is beginning their period of custody), unless otherwise agreed I~ The .parties shall keep each other advised immediately rehtive to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I. The parties shall do nothing that may estrange the children from the other patty or hinder the natural development of the children's love or affection for the other party. J. Neither patty shall consume alcohol in excess while exercising his or her period of custAdywith the children. K. In the event of the breach of the agreement of the parties by any patty, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurned by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same. formality as the agreement of the parties. M. The Court of Common Pleas of Cutr~berland County has jurisdiction over these issues and shall retain such jurisdiction should cir~uttutances change and anypartydesire further or require further modification of said Order. BY THE COURT, J• ution: V ~i~ G Wolf, Esquire ~O l'~ h'1~U .l~C~ For the Plaintiff q ~vw? Cecil G. Irwin, III Pro Se Defendant '~~~~ t~!1~,~SNN~~ ^~.-, 1N ~~loN.,; ~Z d3s ~~©z -~ i7~N1 ~0