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HomeMy WebLinkAbout08-3551r'' JUSTIN L. GORDON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 19 7.3S'SI AMY L. GORDON, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Justin L. Gordon, an adult individual currently residing at 13 Cooper Circle, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Amy L. Gordon, an adult individual currently residing at 80 Reservoir Road, Gardners, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the natural parents of one child namely, Trinity A. Gordon, born January 6, 2006. 4. The parties presently share custody of the child, pursuant to a Custody Stipulation and Agreement executed June 3, 2008. 5. During the past five years, the child has resided with the following persons and FLOWER ? LINDSAY LAW 26 West High Street Carlisle, PA at the following addresses: NAME Plaintiff and Defendant Plaintiff Defendant 13 Cooper Circle November 2006 to Carlisle, PA 17015 Present 6. The mother of the child is Amy L. Gordon, currently residing as aforesaid. She is married. ADDRESS 13 Cooper Circle Carlisle, PA 17015 80 Reservoir Road Gardners, PA 17324 FROM/TO January 6, 2006 to November 2006 November 2006 to Present 7. The father of the children is Justin L. Gordon, currently residing as aforesaid. He is married. 8. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the child at issue on a partial custody basis, pursuant to the terms of the Agreement dated June 3, 2008. 9. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the child at issue on a primary custody basis, pursuant to the terms of the Agreement dated June 3, 2008. 10. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The parties desire that the terms of the Custody Stipulation and Agreement executed by them on June 3, 2008 be incorporated into an Order of Court. WHEREFORE, the Plaintiff requests this Court to grant him shared legal and partial physical custody of the child. Respectfully submitted, FLOWER & LE14D7 A1 1's•Ai 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Mary Matas, squire Attorney Id.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 6111 OG b Counsel for Plaintiff l VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Dated: ?stin L. Gordon SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Q n r7 i fJ;i : 'L7 f'i" ` ., r -4 JUSTIN L. GORDON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C-) 1 n (!?' 3551 :No N co V. Co . AMY L. GORDON : CIVIL ACTION - LAW --- Aim `?! Defendant : IN CUSTODY" ` lr? orn STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between AMY L. GORDON (hereinafter referred to as "Mother") and JUSTIN L. GORDON (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following one (1) child: Trinity A. Gordon, born January 6, 2006; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Mother and Father shall exercise shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. Physical Custody: Mother shall exercise primary physical custody of the child. Father shall exercise periods of partial physical custody as follows: a) on alternating weekends from Friday to Sunday; and b) two days every week, after Father's work to approximately 7:00 p.m.; and c) at other times as the parties may agree. 3. Transportation: Father shall pick up the child at daycare and Mother shall pick up the child at Father's residence or at Sheetz in Mt. Holly, as they may agree. The parties may agree upon another exchange location if they so desire. In any event, the party receiving custody shall be responsible for transportation. 4 Holidays: The parties shall share holidays and other special days with the child, such as birthdays and the Thanksgiving holiday, so that each parent has the opportunity to enjoy time with the child on that special day, at times as may be agreed. a. Christmas: Father shall exercise custody of the child from Christmas Eve at noon until Christmas Day at noon. Mother shall exercise custody of the child from Christmas Day at noon until December 26th at noon. b. Mother's Day, Father's Day and parent's birthdays: Each parent shall exercise custody of the child for the respective holidays of Mother's Day, Father's Day or their individual birthdays, from 8:00 a.m. through 9:00 p.m. 5. Vacation: Each parent shall be entitled to take at least two (2) non- consecutive vacations with the child, each vacation period to extend for seven (7) days. Said vacation should begin on a parent's regularly scheduled period of custody. The vacationing parent shall provide thirty (30) days notice of the requested vacation time to the other parent. If both parents have chosen the same time for vacation, the first parent to have chosen the time shall prevail. 6. Taxes: Mother shall claim the child as a tax dependency on her tax return each year so long as she enjoys primary custody of the child. When Mother claims the child as a dependent on her return, Mother shall divide equally the child tax credit she receives each year with Father. Within 15 days of filing her return, Mother shall forward a copy of said return to Father for proof of the credit to be received. Mother shall write Father a check for half of the amount of the child tax credit reflected on the federal return. 7. Illness: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. Disparaging Remarks: Neither parent shall do anything which may estrange the child from the other party, 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. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 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 hereinafter mentioned. W TNESSETH: jVMF14rA111141r1 -0 1 N , Amy L. rdon /-VVL'-1J OLJA a?4 \---11 D ustin ordon I verify that the statements made in this Stipulation and Agreement for Custody 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 falsifications to authorities. G stin L. Gordon I verify that the statements made in this Stipulation and Agreement for Custody 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 falsifications to authorities. y L. don ? c o r7 " C_) rn ?? Q1 • ` JUN 1 6 2008 JUSTIN L. GORDON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. U - 3 X5 (?;,t l t A-,-, AMY L. GORDON Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT t? AND NOW, this ?1 day of -Ty,nc, 2008, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: skis ?u \ cc: ZMarylou Matas, Esquire / Attorney for Plaintiff 6 Sean M. Shultz, Esquire Attorney for Defendant l:6P c is rnat t l cc -2 10e VINVAIASNN3d 9 6 "Zl Wd L I Nnr 0001 AkMON(D - Od'd 34U 30