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HomeMy WebLinkAbout04-1378 SAMANTHA M. FOORE, Plaintiff V. LARRY E. WORTHINGTON, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O ¥- /.3 7 F Civil Term : : IN CUSTODY : PETITION FOR CUSTODY 1. Plaintiff is Samantha M. Foore, who currently resides at 600 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Larry E. Worthington, Jr., who currently resides at 220 N. Queen Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff seeks custody of the following child: NAME ~DOB_ Dalton Taylor Foore September 15, 2002 The child was born out of wedlock. AD.___DR~_SS 600 Sh/ppensburg Rd. Shippensburg, Pa. 17257 Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Samantha M. Foore Maternal Grandparents, Cheryl and Clifford Foore ADDRESSES 600 Shippensburg Rd. Shippensburg, Pa. 17257 DATES birth - present The mother of the ch/Id is: Samantha M. Foore, currently living at 600 Shippensburg Road, Shippensburg, Pa. 17257. She is not married, The father of the children is: Larry E. Worthington, Jr. currently residing at: 220 N. Queen St., Shippensburg, Pa. 17257. He is not married. 4. The relationship of plaintiff to the children is that of MOTHER. The persons that the Plaintiff curremly resides with are: her parents, Cheryl and Clifford Foore. 5. The relationship of defendant to the children is that of FATHER. The defendant currently resides with his father. 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or m~other 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 child's parents have agreed on a custody arrangement that they believe will be in the best interest of 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 have been named as part/es to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child and enter their agreement as an Order of Court. Respectfully su~itted,~ /dan/~Adams, E-squire 1.~. No. 79465 L_~56 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ~,~mantha M. Foore, Plain~ff SAMANTHA M. FOORE, Plaintiff LARRY E. WORTHINGTON, JR. Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. o q -/~ ? £ Civil Term : : 1N CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this~/~ d~day of fl'~/I a~,4:~] , 2004, by and between SAMANTHA M. FOORE, (Hereinafter referred to as "Mother"), of Shippensburg, Cumberland County, Pennsylvania, and LARRY E. WORTHINGTON, JR. (Hereinafter referred to as "Father"), of Shippensburg, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Dalton Taylor Foore, date of birth September 15, 2002. 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 Coart concerning the children. 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. Leaal Custody. Mother shall have sole legal custody of the child. Legal custody means the right to control and share in making of decisions of importance in the life of the child, including educational, medical, and religious decisions. 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 periods of partial custody oftbe 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 oftbe other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. Ongoinll 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 present 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 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, 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 the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction ora 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 oftbe 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 'uoll!J~ OAOq~ lS.Uj ~O~ pug .~ep ~ql luotuooaSV XpolsnD pug uo!lulnd.qS luosmd oql polnooxo/[inp olo~ot[ o^mt so!l~gd oti1 ':tOH~EtHA8 $S~tNLLIA5 Nil 'luotuoo~¥ s!qlJO Jolletu lao.rqns oql ol ~u!l~[o~ ol*~oq so!l~gd oql uooauoq 'lmo lo uoll!J~ 'sluotuoo~ xo!.~d ips pu~ Xtre sopos~odns luomooJ~V S[tLL 'looJjo Jo o~oj Xtre jo oq Hgqs u!o~oq po!poqtuo lou 'os!~ot~lo Jo l~JO 'sluotuo*~g Jo sos!tuo~d 'slu*moonpu! 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FOORE, Plaimiff LARRY E. WORTHINGTON, JR. Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. F_) ¥- ] ~ 7~' Civil Term ; : 1N CUSTODY ORDER AND NOW, this ~;~ day of ~I~, 20(}4, having reviewed the attached agreement between the parties dated March 31, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER~~ J. CC' Jane Adams, Esquire, for Mother x/l~arry Worthington, Father SAMANTHA M. FOORE, Plaintiff LARRY E. WORTHINGTON, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O £ I -- { ~ '7 ~ Civil Term : : IN CUSTODY ORDER day of April, 2004, havintg reviewed the attached AND NOW, this [q~ agreement between the parties dated March 31, 2004, it is hereby ORDERED and DECREED ~/~ane Adams, Esquire, for Mother ~/Larry Worthington, Father SAMANTHA M. FOORE, Plaintiff V. LARRY E. WORTHINGTON, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN~IY, PENNSYLVANIA : No. 0t/- 1575 Civil Term : : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT Stipulation and Custody Agreement is made thi___'r's~/ of ax 20 This by and between SAMANTHA M. FOORE, (Hereina~er referred ~to as "Mother"), of Shippensburg, Cumberland County, Pennsylvania, and LARRY E. WORTHINGTO~ of Shippensburg, Cumberland County, Pennsylv (Hereinafter referred to as "Father"), an~; ..a -< WHEREAS, Mother and Father are the natural parents of one minor child, namely, Dalton Taylor Foore, date 0fbirth September 15, 2002. WHEREAS, Mother and Father have reached an agreemeut 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 al~er Petition, Notice and Heating. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, !ntending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Leeal Custody. Mother shall have sole legal custody of the child. Legal custody means the right to control and share in making of decisions of importance in the life of the child, including educational, medical, and religious decisions. 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 periods of partial custody of the child as the parties mutually agree. 4. Transoortation 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, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. On oin Relationshi . 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 present 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 harmonic,us 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 file 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, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing thc 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 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. 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 thc child shall be the prime consideration of thc parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully *md 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 ~rrangement or visitation schedule shall be. 9. Governin~ Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. ~ The parties agree that this Agreemant may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire A reement. 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*my force or effect. This Agreement supersedes *my 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. ~E'ARR~' g. Vv~O~THINGTON, Father. JR. COMMONWEAI.,TH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this' the~ ~2Y °f /[]~'J~} ,2004, before me, the undersigned officer, pemonally appeared LARRY E. WORTHING~gtl*ON, JR. known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto s hand and official f N~tary Public I NOT, IRI~ 8[hi. '~ SEAL L~~ ~Q,~ THA M. F(~OR~,-M~)ther -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ):SS ) appeared SAMANTHA M. FOORE, known to me, (or satisfactorily proven) 'to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITlqESS V~t-IEREOF, I here my hand and o ¢ial se / ~AL '