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HomeMy WebLinkAbout08-58790/ k CASEY ARMSTRONG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ASHLEY ARMSTRONG, Defendant No. 019 - 58r1q Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Casey Armstrong, who currently resides at 351 Strohm Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Ashley Armstrong, who currently lives at 149 N. Franklin Street, Chambersburg, Franklin County, Pennsylvania, 17201. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Ash Armstrong 8/28/07 351 Strohm Road Shippensburg, Pa. 17257 Mother and Father were married on January 7, 2007. Mother currently 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 Casey Armstrong Anita Kirby Kyle Kirby (maternal grandparents) ADDRESSES DATES 351 Strohm Road 1/7107 to present Shippensburg, Pa. 17257 Casey Armstrong Ashley Armstrong 149 N. Franklin St birth to 1/7/07 Chambersburg, Pa. 17201 The mother of the child is Ashley Armstrong. She currently resides at 351 Strohm Road, Shippensburg, Cumberland County, Pennsylvania. She is married to Ashley Armstrong. The father of the child is Ashley Armstrong. He currently resides at 149 N. Franklin St., Chambersburg, Franklin County, Pennsylvania. He is married to Casey Armstrong. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child and her parents. 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on August 8 2008 when Mother left the marital home with the child Mother has maintained primary physical custody since separation Mother is requesting an Order which would provide for shared legal custody, confirm that she has primary physical custody, and define periods of partial custody for Father. This request would be in the best interest of the child because it would provide stabiles for the child and ongoing and regular contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: ! C) a 6a Respectfully submitted, j a Adams, Esquire I. . No. 79465 7 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ti VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Casey Armstrong. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. Her client has reviewed this document. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l f'A 0 5 Ja Adams, Esquire qasle, South St. Pa. 17013 245-8508 Attorney for Mother R '6M L Ul O O 0 O r ? ey ? C-D D 55 ??, eel CASEY ARMSTRONG, Plaintiff vs. ASHLEY ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANIF 9 0 Or-5-01 Civil Ter?3 No -y rn . ;a r o ACTION IN CUSTODY, CUSTODY AGREEMENT This Custody Agreement is made this day of , 2008, by and between Casey Armstrong, Hereinafter referred to as "Mother"), of Shippensburg, Cumberland County, Pennsylvania, and Ashley Armstrong, (Hereinafter referred to as "Father"), of Chambersburg, Franklin County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Ash Armstrong, born August 28, 2007; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present 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 Court concerning the child. 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. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their child, Ash Armstrong, born August 28, 2007. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Pursuant to this section, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each 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 a child. C. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of such records or information, and such information has not been provided to the other parent, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a 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. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 4. 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 liberal periods of partial physical custody with the child as mutually agreed by the parties, in addition to the following periods: a. Father shall have a period of partial custody with the child every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., on the weekends when Mother is working. b. Father shall have additional periods of partial custody with the child two evenings per week when Mother works. c. The parties shall equally divide all major holidays, with Mother have the child from 9:00 a.m. through 3:00 p.m. and Father to have the child from 3:00 p.m. through 9:00 p.m. unless otherwise agreed. d. Mother shall always have the child on Mother's Day from 9:00 a.m. through 5:00 p.m and Father shall always have the child on Father's Day from 9:00 a.m. through 5:00 p.m. e. For Thanksgiving, Mother shall have the child from 9:00 a.m. until 3:00 p.m. and Father shall have the child from 3:00 p.m. until 9:00 p.m. f. For Christmas Eve and Christmas, Father shall have the child from 12:00 p.m. until 6:00 p.m. on Christmas Eve. Mother shall have the child from 6:00 p.m. on Christmas Eve through 12:00 p.m. on Christmas Day. Father shall have the child from 12:00 p.m. on Christmas Day through 8:00 p.m. on Christmas Day. 5. 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 of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 6. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 7. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness nes R' CA Casey rmstrong, er 0 / OCT n 3 2008 ? G' CASEY ARMSTRONG, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5819 ASHLEY ARMSTRONG, ACTION IN CUSTODY Defendant ORDER AND NOW, this jk4N day of a 9A Civil Term , 2008, having reviewed the attached agreement between the parties dated October 2, 2008, it is hereby ORDERED and DECREED as follows: 1. Casey Armstrong and Ashley Armstrong shall have shared legal custody of their child, Ash A. Armstrong. 2. Casey Armstrong shall have primary physical custody of the child and Ashley Armstrong shall have periods of partial physical custody as provided in the parties' agreement. 3. The parties' agreement, dated October 2, 2008, shall be and incorporated into this Order of Court. ourt: J. cc: /Jane Adams, Esquire, for mother ? Ashley Armstrong, father t ES ? t l £c.? /v 7 jo-6 Appr LS :ZI 118 L- 130 0-0l