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HomeMy WebLinkAbout09-2666OM & &. UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MATTHEW H. TILDEN, Plaintiff V. JESICA A. TILDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. G 9 _ L6 CIVIL ACTION - LAW IN CUSTODY 1. The Plaintiff is Matthew Tilden, who currently resides at 22 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Jesica Tilden, who currently resides at 322 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Mason-David Hyland Tilden Date of Birth: July 18, 2007 Address: 22 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 4. The child was born during wedlock. 5. The child is presently in the custody of Matthew Tilden, who resides at 22 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Matthew and Jesica Tilden Matthew Tilden Address 322 Walnut Lane Carlisle, PA 17015 22 Buttonwood Lane Carlisle, PA 17015 Date Birth to April 20, 2009 April 17, 2009 to Present 7. The mother of the child is Jesica Tilden, who resides at 322 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 8. Mother of the child, Jesica Tilden, is married. 9. The father of the child is Matthew Tilden, who currently resides at 22 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Matthew Tilden, is married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Plaintiff currently resides with the following persons: a. His son, Mason-David Hyland Tilden (age 22 months) b. His Father, David Hyland Tilden 14. The Defendant currently resides with the following persons: a. Her Daughter, Hailie Jean-Marie Erb (age 5) 15. The 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 any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following. a. The Plaintiff and Defendant have both been the primary caregiver of the minor child since his birth, they have. i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with both parents. c. Both Plaintiff and Defendant are able to provide a stable environment for the child. d. Therefore, the parties have decided to enter into a Stipulation for Custody of the minor child based upon their work schedules. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal custody to both the Plaintiff and the Defendant and physical custody to be determined by a forthcoming Stipulation for Custody. DATE AAA oq Respectfully submitted, Awm&KUTULAKI3, L.L.P. 42, Michelle L. Somm , Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff I, MATTHEW TILDEN, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 MATTHEW TILDEN AND NOW, this 28`h day of April 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, -LP., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jesica Tilden 322 Walnut Lane Carlisle, PA 17015 Respectfully submitted, ABOM&KUTULAKis, L.L.P. Michelle L. Sommer squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaint r, 2 AP 28 P cl: ( 2 CEO Mtii+??iljks' Yu- 6?t, s / G 5, 5D CH--- /S3 5' a ay3*7Q j MATTHEW H. TILDEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESICA A. TILDEN DEFENDANT 2009-2666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 02, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ begueline M. Verney, Esg, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE,I I OF TFrt 7? t??ARY 2009 MAY -4 PM 1: 5 0 S, v -903;, dypt z,e OM & LUTULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MATTHEW H. TILDEN, Plaintiff V. JESICA A. TILDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2666 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MATTHEW H. TILDEN, (hereinafter referred to as "Father") and JESICA A. TILDEN, (hereinafter referred to as "Mother") WHEREAS, the parties are the natural parents of one child, namely MASON DAVID HYLAND TILDEN, born July 18, 2007 (hereinafter referred to as "Child"); and 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 hereinafter set forth, the parties stipulate and agree as follows: 1. LEGAL CUSTODY: a. The Father and the Mother shall have 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 their health, education and religion. Pursuant to the 2 terms of 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 the other parent. To the extent one parent has possession of any such records or information, 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY: a. Mother and Father shall share physical custody of the Child as follows: i. Mother shall have physical custody of the child from Thursday evening when she gets off work at approximately 5:00 p.m. and will pick the child up at the babysitter and will have the child until she goes to work on Monday morning at 7:00 a.m. ii. Father shall have physical custody of the child from Monday morning at 7:00 a.m. until Thursday afternoon when he drops the child off at 3:30 p.m. at the babysitter prior to him going to work. 3. HOLIDAYS: a. The parties agree to the following holiday schedule in which they will alternate each year. 3 i. Christmas 1. For Christmas 2009, Father will have custody on December 24`'' from 9:00 a.m. through December 25" at 2:00 p.m. Mother shall have custody from December 25`" at 2:00 p.m. until December 26"' at 9:00 p.m. ii. Thanksgiving 1. For Thanksgiving 2009, Father shall have custody from 9:00 a.m. until 2:00 p.m. and Mother shall have custody from 2:00 p.m. until 7:00 p.m. iii. Easter 1. Easter holiday 2010, Mother shall have custody from 9:00 a.m. until 2:00 p.m. and Father shall have custody from 2:00 p.m. until 7:00 p.m. iv. The parties shall alternate the following holidays beginning in 2009 from 9:00 a.m. until 7:00 p.m.: 1. Father shall have custody on Memorial Day, Mother shall have custody on July e, Father shall have custody on Labor Day. v. Father's Day 1. Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. vi. Mother's Day 1. Mother shall have custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 4. Each parent will exercise care in screening babysitting/Child care providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the Child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 5. The parents shall permit and support the Child's access to all family relationships. Special family 4 events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child which might interfere with regular visitation. 6. TELEPHONE CONTACT: a. Each parent shall be entitled to reasonable telephone contact with the Child, which shall not be excessive, as well as daily contact via e-mail with the Child when in the custody of the other parent. 7. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 8. NO CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no- conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without 5 using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 9. TAX BENEFITS: a. The parties shall alternate claiming the Child on their Federal and State Income taxes each year with Mother beginning in 2009. 10. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would result in a change of school for the Child or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. For the Child's welfare, neither parent should consider moving very far from the other until the Child has reached adulthood. 11. 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, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 12. 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. 13. 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. 6 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. WITNESSETH: AT MATTHEW H. TILDEN (Seal) PAI DATE *EC I ' EN (Seal) i 1 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this day of -, 2009, before me, the undersigned officer, personally r 6_ appeared MATTHEW H. TILDEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Noww slow carwillem Notary Public * Member, Pennsylvania 7. am Assodagon or Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this /,3Lh day of , 2009, before me, the undersigned officer, personally 01 appeared JESICA A. TILDEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ??%dpfi 07L J NOTARY PUBLIC COMMOMNEALTH OF PENNSYLVANIA Notarm Seal Shannon L. Freeman, Notary Public cantle am. curvewwb County My CaM1111eelon EWuo 7, 2013 Mei^Der, Pennsyhrania Aesodaftn of Notaries g OF THE 200911 A 14 14 P"1 2: 1; MATTHEW H. TILDEN, Plaintiff V. JESICA A. TILDEN, Defendant MAY 152009 o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2666 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW this - t Y day of A- , 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. ,-`Michelle L. Sommer, Esquire, For the Plaintiff Xsica A. Tilden, 322 Walnut Lane, Carlisle, PA 17013, pro se Defendant des r7le'It LL s/?51C-9 ?1 . co `J MAY ?_ i 2009 df MATTHEW H. TILDEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2666 CIVIL ACTION - LAW JESICA A. TILDEN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of May, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, a?. Verney, Esquire, stody Conciliator A"Ply ,)F THE PDT 20 09 fiiiY 2 jr { 4c