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HomeMy WebLinkAbout09-1105MANDY L. EISWERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term JONATHAN J. CAMPBELL, ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Mandy L. Eiswert, who currently resides at 100 Hollar Ave., Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Jonathan J. Campbell, whose current address is 136 Sherwood Ave., St. Thomas Franklin County, Pennsylvania, 17252. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Dylan C. Eiswert 5/28/07(l) 100 Hollar Ave. Shippensburg, Pa. 17257 Mother and Father were never married to each other. 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 ADDRESSES DATES Mandy Eiswert 100 Hollar Ave. Birth - present & maternal Shippensburg, Pa. 17257 grandparents The mother of the child is Mandy L. Eiswert. She currently resides at 100 Hollar Ave., Shippensburg, Cumberland County, Pennsylvania, 17257. She is not married. The father of the child is Jonathan J. Campbell. He currently resides at 136 Sherwood Ave., St. Thomas, Franklin County, Pennsylvania, 17257. He is married to Holly Campbell. 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 with his wife Holly, and their two children. 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 have never lived together and Mother has had primary physical custody of the child since birth. Mother is requesting that the parties' stipulation be entered as a court Order. The stipulation provides for shared legal custodv confirms that Mother shall continue to have primary physical custody of the child and provides period of partial physical custody for Father. This request is in the best interest of the child because it would provide stability for the child and 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: , 7 o Respectfully submitted, Adams, Esquire No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION verify that the statements made in this Custody Complaint 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: ?5 J Ma dy L. Ei e , P intiff fC-j f u' w MANDY L. EISWERT, Plaintiff vs. JONATHAN J. CAMPBELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. © 9 J/ b S Civil Term ACTION IN CUSTODY CUSTODY AGREEMENT Al This Custody Agreement is made this/ /day of Fill-a-AAA1 , 2009, by and between Mandy L. Eiswert, (Hereinafter referred to as "Mother"), of ippensburg, Cumberland County, Pennsylvania, and Jonathan J. Campbell, (Hereinafter referred to as "Father"), of St. Thomas, Franklin County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Dylan C. Eiswert, born May 28, 2007; and 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, Dylan C. Eiswert, born May 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. yPursuant to this section, the parties agree that: . Each party shall confer with the other on all matters of importance e Vicding but not limited to issues relating to the child's health and education. ?G B. Each party agrees to keep the other informed of his or her residence and i612Ep one number to facilitate communication concerning the welfare of each child a nd 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. i a? .C. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to 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. 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. D. Neither party shall attempt to undermine the mutual love and affection C?ach child may have for the other parent an y d neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. 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 1:00 p.m. through Sunday at 1:00 p.m. b. The parties shall equally divide all major holidays, as follows: Holiday Period Even Years Odd Years 6:00 p.m. on Christmas Eve to 12 Father Mother p.m. on Christmas Day 12 p.m. on Christmas Day to Mother Father 6:00 p.m. December 26" Thanksgiving from 9:00 a.m. to Mother Father 9:00 P.M. Easter Day from 9:00 a.m. to Father Mother 5:00 p.m. Child's birthday from 12:00 p.m. Father Mother to 8:00 p.m. Mother's Day from 9:00 a.m. to Mother Mother 5:00 p.m. Father's Day from 9:00 a.m. to Father Father 5:00 p.m. 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. The parties may designate a responsible third party to transport if necessary. Neither party may remove the child from this Commonwealth, without giving the other party at least thirty (30) days notice and providing contact telephone numbers, an address or location where the party and child will be staying and a basic itinerary of the trip. Under no circumstances shall the child be removed from the Commonwealth for a period of more than five (5) days unless the parties agree so in writing. 6. Ongoing 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 presence 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. 7. 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. 8. 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. • a 9. 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 Mandy L. Ei ert Mother Date: V1 710 ? ?' lo J nathan J. Ca bell, Fa er Date: 3 FF 3 ao© 9 ?`+? N t'_: <"J 4t"7 ?. ,,..... ry-.; ?.^? __ '? CwJ ?''? ? G w,,,.t -. FEjP 2 20) MANDY L. EISWERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. oz5 Civil Term JONATHAN J. CAMPBELL, ACTION IN CUSTODY Defendant ORDER AND NOW, this Y'*- day of in a---f , 2009, having reviewed the attached agreement between the parties dated February 17, 2009, it is hereby ORDERED and DECREED as follows: 1. Mandy L. Eiswert and Jonathan J. Campbell shall have shared legal custody of their child, Dylan C. Eiswert, born May 28, 2007. 2. Mandy L. Eiswert shall have primary physical custody of the child and Jonathan J. Campbell shall have periods of partial physical custody as provided in the parties' agreement. 3. The parties' agreement, dated February 17, 2009, shall be entered as an Order of Court. By the Court: J. cc: Jane Adams, Esquire, for mother VJonathan J. Campbell, father 06p(-es env c ??I'l i- I OF ? .)THI-)I GG TRY ?0!9 MAR M4 AM 10: 43