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HomeMy WebLinkAbout08-1050KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeama-kopelaw.com JUSTIN M. GILMORE, Plaintiff, vs. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. AMANDA J. HAYMIRE, CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is JUSTIN M. GILMORE, an adult individual who currently resides at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter "Plaintiff" or "Father"). 2. The Defendant is AMANDA J. HAYMIRE, an adult individual who currently resides at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter "Defendant" or "Mother"). Defendant has intentions to relocate from said address in the near future. 3. Plaintiff seeks shared physical and shared legal custody of the following unemancipated child: Nathan Blaine Gilmore, born June 30, 2006, residing at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Nathan Blaine Gilmore (hereinafter the "child") was born out of wedlock. 1 1. 5. The child is presently residing with both Plaintiff and Defendant at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050, although Defendant has intentions to relocate from said address in the near future. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Justin M. Gilmore 414 Boxwood Court July 2007 - Present Amanda J. Haymire Mechanicsburg, PA 17050 Justin M. Gilmore 94 W. Main Street Birth - July 2007 Amanda J. Haymire Plainfield, PA 17081 Bill Gimore (paternal grandfather) Aleta Gilmore (paternal grandmother) 7. The mother of the child is Amanda J. Haymire, residing at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is unmarried. 8. The father of the child is Justin M. Gilmore, residing at 414 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is unmarried. 9. The relationship of Plaintiff to the child is that of Father. Father currently resides with the child and the Defendant, although the Defendant has intentions to relocate in the near future. 10. The relationship of Defendant to the child is that of Mother. Mother currently resides with the child and Plaintiff. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 2 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared legal and shared physical custody of the child. 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Plaintiff has played an instrumental role in the raising of the child since his birth. As such the child is accustomed to constant contact with Plaintiff, and Plaintiff's family; (b) Plaintiff is able to provide a stable home and emotional environment for the child; and (c) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. 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. WHEREFORE, Plaintiff requests that this Honorable Court award Plaintiff shared physical and shared legal custody of the child. Dated: ?j Respectfully Submitted, KOPE & AS O IAT S By: sley J am, Esq. 3 VERIFICATION I, Justin M. Gilmore, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 2/l/l0$H '??.r Justin M. Gilmore 6 V' C) C--l -TI m ILr Cu IN I F, \ Cfl - 0 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com JUSTIN M. GILMORE, Plaintiff, vs. AMANDA J. HAYMIRE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this _th day of , 2008, it is STIPULATED and AGREED by and between the parties, Amanda J. Haymire ("Mother"), and Justin M. Gilmore ("Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Nathan Blaine Gilmore, born June 30, 2006 (hereinafter the "Child") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the Child. The parties agree that major decisions concerning the Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees 1 of 8 not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Child shall be with the Father. 3. Partial Physical Custody: Father shall have partial physical custody of the Child in accordance with the following schedule: a. Every other weekend, from midnight on Friday until midnight on Sunday, with his first weekend commencing on Friday, February 8, 2008. b. Every other full Monday on the Monday following Mother's weekend from midnight on Sunday night until midnight on Monday night, with his first Monday commencing at 12 midnight on February 17, 2008. C. Every Tuesday, Thursday and Friday from 2 pm until midnight. 2 of 8 d. Every Wednesday from 2 pm until midnight during the week which follows Father's weekends, with the first period of custody under this subparagraph to begin at 2 on February 14, 2008. e. It is understood by the parties, in the aforementioned agreement, that the Child will be in daycare and/or babysitting during some periods of Father's custody, when Father is required to be at work. f. It is further understood by the parties that the current exchange time is only made possible by the Child's age. It is agreed by the parties that the exchange time will have to be modified when the Child is older. 4. Summer: The parties agree that each party will have the right to uninterrupted custodial time with the Child each summer. Such time will be determined only by agreement of the parties. 5. Christmas: Father and Mother agree that in all even years, Mother shall have custody of the Child from 12 noon on December 24 until 12 noon on December 25; Father shall have custody of the Child from 12 noon on December 25 until 12 noon on December 26. In all odd years, Father shall have custody of the Child from 12 noon on December 24 until 12 noon on December 25; Mother shall have custody of the Child from 12 noon on December 25 until 12 noon on December 26. 6. Other Holidays (Thanksgiving, New Year's Eve and Day, Easter, Memorial Day, Fourth of July and Labor Day): Father and Mother agree to share and/or split custody of the Child on all other holidays, specifically including Thanksgiving, New Year's Eve and Day, Easter, Memorial Day, Fourth of July, and 3 of 8 Labor Day. Mother and Father will alternate these holidays, such that in all even years, Mother will have custody of the Child on New Year's Day, Easter, Fourth of July and Thanksgiving; Father will have custody on Memorial Day, Labor Day, and New Year's Eve. In all odd years, Father will have custody of the Child on New Year's Day, Easter, Fourth of July and Thanksgiving; Mother will have custody on Memorial Day, Labor Day, and New Year's Eve. In the absence of agreement to the contrary, custodial time on these days will run from 8 am until 8 pm; the exception to such is the New Year's holiday, where custodial time will run from noon on New Year's Eve until 8 pm on New Year's Day. 7. Mother's Day and Father's Day: Mother will always have custody of the Child from 8 a.m. until 8 p.m. on Mother's Day. Father will always have custody of the Child from 8 a.m. until 8 p.m. on Father's Day. 8. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. These agreements shall not modify the custody schedule. 9. Holiday time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 10. Transportation: Mother and Father shall share responsibility for the transportation for the Child. In the absence of agreement, the party receiving custody shall pick up the Child from the other party's home. 4of8 11. Parents should provide one another with a phone number and address where the Child may be contacted, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 12. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 13. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive. Unless there are exigent circumstances, reasonable telephone contact means no more than one telephone call per day. 14. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child 5 of 8 to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. 15. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. 16. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 17. Modification: The provision of this Paragraph shall be modified according to applicable law. 18. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Father's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Father to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Mother hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and she will not oppose an application being brought pursuant to these statutes. 6 of 8 KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp ill, PA 17102 Telep ?e (717L761-7573 'qj Attornev for Plaintiff Sworn to or affirmed and acknowledged before me by Amanda J. Haymire on Ehtj)Av-,i , 2008 A _ L-?_M. Public Lpw M KH" MDDAU?l? N COUNTY 24 Justin M. Gilmore 414 Boxwood Court Mechaniscburg, PA 17050 Plaintiff Amanda J. Haymire 414 Boxwood Court Mechaniscburg, PA 17050 Defendan 7 of 8 r' + .i? J ? .Sy y!"rf S ow ON i a I?k 3it$ s ?tvGAll F f ? ? JUSTIN M. GILMORE, Plaintiff, VS. AMANDA J. HAYMIRE, Defendant. FEB 182008 n,? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. f7$ - 1050 &V'a- lz " CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 'l.1 AT day of 5 tAqf-oar?- 2008, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: J. ?k-L UZ 8 of 8 tdr3C goll -C/r {{ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam _kopelaw.com JUSTIN M. GILMORE, Plaintiff, vs. AMANDA J. HAYMIRE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-1050 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Amanda J. Haymire, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Custody. q 2007 --s SHERIFF'S RETURN - REGULAR CASE NO: 2008-01150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EICHELBERGER JAMIE LYNN VS EICHELBERGER KEITH ALLEN MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE EICHELBERGER KEITH ALLEN was served upon DEFENDANT the at 1435:00 HOURS, on the 22nd day of February , 2008 at APPLE ENTERPRISES CARLISLE, PA 17013 KEITH ALLEN EICHELBERGER by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 X00 * 32 . 80 Sworn and Subscibed to before me this day 122 BEECH STREET So Answers: R. Thomas Kline 00/00/0000 LS By: r / Deput S riff of A. D.