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HomeMy WebLinkAbout08-3717?I LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com CARIN MARIE GORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM TIMOTHY SHARP, : NO. D9 Y7 7 CIVIL TERM Defendant : IN CUSTODY NOTICE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations 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 or hearing. 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com CARIN MARIE GORE, Plaintiff V. WILLIAM TIMOTHY SHARP, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES the Plaintiff Carin Marie Gore, by and through her attorney, The Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is Carin Marie Gore, residing at 1509 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is William Timothy Sharp, residing at 1210 York Haven Road, York Haven, York County, Pennsylvania, 17370. 3. Plaintiff seeks custody of the following child: Name Present Residence Anna May Gore 1509 Louisa Lane, Mechanicsburg 4. The child was born out of wedlock. Date of Birth 7/16/07 3 5. The child is presently in the custody of Carin Marie Gore, who resides at 1509 Louisa Lane, Mechanicsburg, Pennsylvania, 17050. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Duration Carin Marie Gore 1509 Louisa Lane July 16, 2007 - present Mechanicsburg, PA 17050 7. The Mother of the child is Carin Marie Gore, currently residing at 1509 Louisa Lane, Mechanicsburg, Pennsylvania. The Mother is single. 8. The Father of the child is William Timothy Sharp, currently residing at 1210 York Haven Road, York Haven, Pennsylvania. The Father is single. 9. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Anna May Gore Daughter 10. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship John Sharp Brother Kathy Sharp Sister Unknown Sister's Boyfriend 11. 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. The Court, term and number, and its relationship to this action is: Not applicable. 4 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: Not applicable. 13. 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. The name and address of such person is: Not applicable. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is able to provide the child with a loving home environment; b. Plaintiff is able to provide the child with stability; c. Plaintiff is the parent most likely to insure that the child see the other party; d. Plaintiff is able to provide for the child's physical, emotional, and spiritual well-being; and e. Plaintiff has been the primary caretaker of child since birth. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: 5 Name Address Basis of Claim Not applicable. Wherefore, Plaintiff Carin Marie Gore respectfully requests the Court to grant primary custody of the child to Plaintiff. OFFICE OF PETER J. RUSSO, P.C. .'I Elizabeth I Saylor,`Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: (n-19 -(6 6 100 Respectfully submitted, VERIFICATION I, Carin Marie Gore, verify that the statements made in this Complaint 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 falsification to authorities. Date: 7 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com CARIN MARIE GORE, Plaintiff V. WILLIAM TIMOTHY SHARP, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Complaint for Custody upon the person(s) and in the manner indicated below: US Regular Mail and Certified US Mail, restricted delivery, return receipt requested and addressed as follows: William Timothy Sharp 1210 York Haven Road York Haven, PA 17370 Date: ck- _ m&'O' atdja Amber L. Southard, Paralegal 8 U1 ul ZiV f` . r'? 0 0 CARIN MARIE GORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLY4N V. CIVIL ACTION - LAW ` w { , ;. • !' ro .) C WILLIAM TIMOTHY SHARP, NO. Of-3917 ?K.[ CIVIL TEF 1? . ' Defendant IN CUSTODY - STIPULATED CUSTODY AGREEMENT THIS STIPULATED CUSTODY AGREEMENT (hereinafter "Agreement") is hereby made and entered into this 2---I day of M[W 2008, by and between Carin Marie Gore (hereinafter "Mother") and William Timothy Sharp (hereinafter "Father"). Witnesseth: Whereas, the parties hereto are the parents of Anna May Gore, born July 16, 2007, (hereinafter the "Child"); Whereas, Carin Marie Gore is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, William Timothy Sharp has been provided the opportunity to retain legal representation but has decided to proceed without counsel; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and CMG 1 WTS Page 1 of 7 the mutual promises and undertakings hereinafter set forth, agree as follows: 1. Recitals. The foregoing recitals are incorporated and adopted herein by reference and form a material part of this Agreement. 2. Legal Custody. Mother shall have sole legal custody of the Child. Sole legal custody means that Mother shall have the sole right (1) to make decisions of importance in the life of the Child, including educational, medical, and religious decisions and (2) to be entitled to access to Child's school, medical, dental, and other important records. 3. Physical Custody. Mother shall have sole/primary physical custody of the Child. Father shall have custody/visitation periods with the Child as Mother determines is appropriate in her sole discretion. Because Mother shall have primary custody of the Child and because of Mother's education/profession, Mother shall solely decide as to what, if any, prescription and non-prescription medication the Child shall consume and Father shall adhere to Mother's decision and medication schedule when the Child is in his custody. 4. Custody Exchanges. All exchanges of custody shall occur as mutually agreed upon by both Mother and Father. 5. Late for Exchange. In the event that Father is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from Father, Mother may assume that Father has chosen not to exercise that period of custody, the period will be forfeited, and Mother will be free to make other plans with the Child. CMG WTS Page 2 of 7 6. Contact Information. Prior to each of Father's period of custody, Father shall provide Mother with a complete address and telephone number(s) where Father can be reached during each of Father's periods of custody with the Child. Mother shall have the right to reasonable telephone contact with and/or in regards to the Child during Father's periods of custody with the Child. Father shall not prevent Mother's contact with the Child or prevent the Child from calling Mother, providing that the phone calls are not excessively frequent or too long in duration as to disrupt the Child's schedule. Father shall make all reasonable efforts to promptly return calls or messages left by Mother to the Child or to Father concerning the Child. The parties agree not to contact each other for reasons other than those relating to the Child. 7. Out of State. Father shall not take the Child outside of the Commonwealth of Pennsylvania, without first obtaining written consent from Mother. If such consent is granted, Father must provide Mother with a complete address and telephone number(s) where Father can be reached while out of state. 8. Income Tax Returns. Mother shall have the sole right to claim the Child as a dependant on her tax returns. 9. Illness of Child. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time while in Father's custody, Father shall immediately communicate with the Mother by telephone or any other means practical, informing Mother of the nature of the illness or emergency, so that Mother can become involved in the decision making process as soon as practical. CMG 6 WTS !?Q Page 3 of 7 The term "emergency decision" as used herein shall mean any sudden, urgent, usually unexpected occurrence or occasion requiring immediate action. The term "serious illness" as used herein shall mean any disability which confines the 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. 10. Smoke/ Drink/ Illegal Substances. No parent shall smoke in any part of a confined area with the Child present and neither parent shall permit another person to smoke in any part of a confined area with the Child present. Neither Mother nor Father shall drink alcoholic beverages excessively or consume illegal substances when in the presence of the Child. 11. Disparaging Remarks. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. Modification. The parties are free to modify the terms of this Agreement but in order to do so the 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. CMG M WTS Page 4 of 7 In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Agreement is set out in detail is so both parties have it to refer to and to govern your relationship with the Child and with each other in the event of a disagreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. NOW, THEREFORE, the parties hereto, each intending hereby, place their seal: grin Marie fore Date: J/ 2 OZ 4&n /' " Win ss for Carin Marie Gore Date: , :?/? z CMG WTS be legally bound v .i JV/ Willia Timothy Sharp Date: Witness for Wiliam Ti othy Sharp ? -// b ?" Date: ?? Page 5 of 7 COMMONWEALT OF PENNSYLVA IA ?/p :SS COUNTY OF ?t? l On this, the 41 day of , 2008, before me, a Notary Public, the undersigned officer, personal) ppeared Carin Marie Gore known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my ha d and Notarial seal. My Commission Expires Notary Public iroww?t t??t My COWAMmon eq*w Oct 26, 2011 CMG C WTS Page 6 of 7 AN JAtWO14 -410LA Y~ COMMONWEAL OF PENNSYLVANIA :SS COUNTY OF LC ?1l On this, the ? day of , 2008, before me, a Notary Public, the undersigned officer, personal) ppeared William Timothy Sharp known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires mo it NOURIAL VAL SHARON L @K'NM Nolory FWft My Comingrlon Expkft Oct 26. 2011 CMG e I-I WTS Page 7 of 7 Notary Public AN' JANPATOP MK?f1A .: ti1t1?AA?t Ad4A YMfOM f f[fS !1S g-?o aoligx3 n llsor mo!5 vo JUN Qbp00B?j ?r CARIN MARIE GORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM TIMOTHY SHARP, : NO. I%- 3'1 i'1 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z 7 day of 2008, the terms of the attached Stipulated Custody Agreement dated May 27, 2008, is hereby made an Order of Court. Distribution List: Z Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff William Timothy Sharp 1210 York Haven Road York Haven, PA 17370 Pro se Defendant aonr-,2S &CL V20/08 BY THE COURT, t_ ?, } f ._ y vy .U El CM) - ? CV CARIN MARIE GORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLr4N @ - f7, V. CIVIL ACTION - LAW WILLIAM TIMOTHY SHARP, NO. 69- 3 -717 Cx:?11 CIVIL TERM Defendant IN CUSTODY c` rr1 L-0 STIPULATED CUSTODY AGREEMENT THIS STIPULATED CUSTODY AGREEMENT (hereinafter "Agreement") is hereby made and entered into this 27 day of MeN , 2008, by and between Carin Marie Gore (hereinafter "Mother") and William Timothy Sharp (hereinafter "Father"). Witnesseth: Whereas, the parties hereto are the parents of Anna May Gore, born July 16, 2007, (hereinafter the "Child"); Whereas, Carin Marie Gore is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, William Timothy Sharp has been provided the opportunity to retain legal representation but has decided to proceed without counsel; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and CMG C / 1?? WTS Page 1 of 7 the mutual promises and undertakings hereinafter set forth, agree as follows: 1. Recitals. The foregoing recitals are incorporated and adopted herein by reference and form a material part of this Agreement. 2. Legal Custody. Mother shall have sole legal custody of the Child. Sole legal custody means that Mother shall have the sole right (1) to make decisions of importance in the life of the Child, including educational, medical, and religious decisions and (2) to be entitled to access to Child's school, medical, dental, and other important records. 3. Physical Custody. Mother shall have sole/primary physical custody of the Child. Father shall have custody/visitation periods with the Child as Mother determines is appropriate in her sole discretion. Because Mother shall have primary custody of the Child and because of Mother's education/profession, Mother shall solely decide as to what, if any, prescription and non-prescription medication the Child shall consume and Father shall adhere to Mother's decision and medication schedule when the Child is in his custody. 4. Custody Exchanges. All exchanges of custody shall occur as mutually agreed upon by both Mother and Father. 5. Late for Exchange. In the event that Father is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from Father, Mother may assume that Father has chosen not to exercise that period of custody, the period will be forfeited, and Mother will be free to make other plans with the Child. CMG WTS Page 2 of 7 6. Contact Information. Prior to each of Father's period of custody, Father shall provide Mother with a complete address and telephone number(s) where Father can be reached during each of Father's periods of custody with the Child. Mother shall have the right to reasonable telephone contact with and/or in regards to the Child during Father's periods of custody with the Child. Father shall not prevent Mother's contact with the Child or prevent the Child from calling Mother, providing that the phone calls are not excessively frequent or too long in duration as to disrupt the Child's schedule. Father shall make all reasonable efforts to promptly return calls or messages left by Mother to the Child or to Father concerning the Child. The parties agree not to contact each other for reasons other than those relating to the Child. 7. Out of State. Father shall not take the Child outside of the Commonwealth of Pennsylvania, without first obtaining written consent from Mother. If such consent is granted, Father must provide Mother with a complete address and telephone number(s) where Father can be reached while out of state. 8. Income Tax Returns. Mother shall have the sole right to claim the Child as a dependant on her tax returns. 9. Illness of Child. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time while in Father's custody, Father shall immediately communicate with the Mother by telephone or any other means practical, informing Mother of the nature of the illness or emergency, so that Mother can become involved in the decision making process as soon as practical. CMG Ul WTS Page 3 of 7 The term "emergency decision" as used herein shall mean any sudden, urgent, usually unexpected occurrence or occasion requiring immediate action. The term "serious illness" as used herein shall mean any disability which confines the 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. 10. Smoke/ Drink/ Illegal Substances. No parent shall smoke in any part of a confined area with the Child present and neither parent shall permit another person to smoke in any part of a confined area with the Child present. Neither Mother nor Father shall drink alcoholic beverages excessively or consume illegal substances when in the presence of the Child. 11. Disparaging Remarks. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. Modification. The parties are free to modify the terms of this Agreement but in order to do so the 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. CMG WTS Page 4 of 7 In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Agreement is set out in detail is so both parties have it to refer to and to govern your relationship with the Child and with each other in the event of a disagreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. NOW, THEREFORE, the parties hereto, each intending tai be legally bound hereby, place their seal: rin Marie ore Date: 5121?? 'xw?n -/' " W "his for Carin Marie Gore Date: CMG WTS \-/ _ , - Willia Timothy Sharp Date: 1?2 -7 U Witness for Wijiam Ti othyy/Sharp Date: Page 5 of 7 COMMONWEALT OF PENNSYLVA IA :SS COUNTY OF On this, the ? day of , 2008, before me, a Notary Public, the undersigned officer, personal) ppeared Carin Marie Gore known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my ;V, and Notarial seal. U! i? b"?' My Commission Expires Notary Public NOT"" MAt INANM L IMM Molar tuft COMvdi m UpIM Oef 26. 2011 CMG C WTS Page 6 of 7 U13N .1?! t t .Ot 1-,o wfgx3 rwoi? vu COMMONWEAL OF PENNSYLVA IA M :SS COUNTY OF ?- On this, the day of , 2008, before me, a Notary Public, the undersigned officer, personal) ppeared William Timothy Sharp known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires 16011, NOTARIAL sm HURON L MON Nolary R eft my cowevoon Expk" Oct 26.2011 CMG WTS Page 7 of 7 Notary Public ,J JAR JAMA100 M14324 i Homo Vol" plo's As tDo A?x3 st?0o vo