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HomeMy WebLinkAbout09-2747• 1 KAREN E. GOVERN, Plaintiff VS. SCOTT J. GOVERN, Defendant COMPLAINT FOR CUSTODY AND COMES NOW, KAREN E. GOVERN, by and through her attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Karen E. Govern, an adult individual who currently resides at 721 Oak Hill Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Scott J. Govern, an adult individual who currently resides at 411 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Jack S. Govern, date of birth March 19, 1997; Brett S. Govern, date of birth August 18, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • NO. D4' -aZ7?'r Civt? CIVIL ACTION - LAW IN CUSTODY 2000; and, Nathan P. Govern, date of birth June 19, 2002. The children were not born out of wedlock. The children are presently in the primary physical custody of Plaintiff. 4. The children have resided with the following persons and at the following addresses: Dates Address Persons A. April 20, 2009 to Present B. Birth to April 20, 2009 721 Oak Hill Drive Mother Boiling Springs, PA 17007 721 Oak Hill Drive Mother and Father Boiling Springs, PA 17007 The father of the children is Scott J. Govern, currently residing at 721 Oak Hill Drive, Boiling Springs, Cumberland County, Pennsylvania. The mother of the children is Karen E. Govern, currently residing at 411 W. North Street, Carlisle, Cumberland County, Pennsylvania. 5. The relationship of Plaintiff to the children is that of Mother. 6. The relationship of Defendant to the children is that of Father. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and primary physical custody of the children. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffs respectfully request This Honorable Court to award her shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Dated: Z. 0 7 Respectfully submitted, COL M ZACCO LLC By: ?- 4 -----1 Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 KAREN E. GOVERN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA va. ; NO. SCOTT J. GOVERN, : CIVIL ACTION - LAW Defendant : IN CUSTODY :_l_J • y e I, Karen E. Govern, verify'that the statements-made in this 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 unworn falsification to authorities. Date: -0q -07 A EN E. GOVERN Plaintiff )TARY ?; 20f g MAY -1 Prh 2: 14 LV'''t' I, JIVE S'Q ?t will CK?? .2g77 I?Z? davs&iY KAREN E. GOVERN, Plaintiff VS. SCOTT J. GOVERN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Its NO. OQ - -.7q7 0- V -LLtrR-?'?'? : CIVIL ACTION - LAW : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this day of a Q?j '2009, Karen E. Govern of Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as AMother@) and Scott J. Govern of Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as AFather@), having reached an agreement to mutually settle and resolve the issues of custody of their minor children: Jack S. Govern, date of birth March 19, 1997; Brett S. Govern, date of birth August 18, 2000; and, Nathan P. Govern, date of birth June 19, 2002, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, Karen E. Govern is the natural Mother of said minor children; and WHEREAS, Scott J. Govern is the natural Father of said minor children; and WHEREAS, no party is charged with or has been convicted of an offense enumerated in 23 Pa. C.S. Sec. 5303(b), (b.1), or (b.2), or an equivalent offense in another jurisdiction; and WHEREAS, the parties, having reached an agreement regarding custody prior to a conciliation conference or trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as an Order of Court. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: 1. Legal Custody: The parties shall share legal custody of the minor children. Shared legal custody means the right of both parents to control and share in making decisions of importance in the lives of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children=s school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the children=s school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical and other appointments of the children with health care providers sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Physical Custody: Mother shall have primary physical custody, as defined in the Custody Act, of the minor children. Father shall have partial physical custody, as defined in the Custody Act, of the minor children. Father shall have partial physical custody of the children every Tuesday beginning at 3:00 p.m. and continuing through 9:00 a.m. the following morning, and every Thursday from 3:00 p.m. to 8:00 p.m. Additionally, Father shall have the children on the first weekend and the third weekend of every month from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The first weekend of the month shall begin on the first Friday of the month. 3. Holidays: Holidays are to be determined by the mutual agreement of the parties. The children will spend Mother=s Day and Father=s Day with the appropriate party. 4. Transportation: The parties shall share the burden of transportation for all custody exchanges. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. 5. Late for Exchange: In the event any party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other parry may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parry will be free to make other plans with the children. 6. Medical Care: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any parry then having custody of a child shall immediately communicate with the other party by telephone or any other means practical, 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 practical. The term Aserious illness@ as used herein shall mean any disability which confines a 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. 7. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. 8. Disparaging Remarks: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and other parry. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children=s opinion of the other party or which may hamper the free and natural development of the children=s love and respect for the other parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 9. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the children=s health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children=s education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and telephone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the children. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 10. Smoking / Drinking: No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. 11. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that 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 arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change that does not mean each follows their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the children and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and above 'tten GOVERN ?'? tt e4OL - SCOTT J. GOVERN JI-w-/?` /?' - Witness Thomas M. Clark, Esquire Attorney for Karen E. Govern KAREN E. GOVERN, Plaintiff VS. SCOTT J. GOVERN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this I, day of , 2009, the parties in the above- referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. KAREN E. GOVERN Thomas M. Clark, Esquire Attorney for Karen E. Govern SCOTT J. GOVERN Witness 2109 KAY -1 PH 2: 18 ?.r `u'r MAY 0 4 20084 KAREN E. GOVERN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 04 SCOTT J. GOVERN, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this th 5 day of M a y , 2009, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated -2M9, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: -K )" 9,0 .% VA Cou4A ham' KAREN C. GOVERN, Plaintiff VS. SCOTT J. GOVERN, Defendant YOU SHOT LAWYER BELOW T( : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-2747 Civil Term : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND rI D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A )R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 The Americans v office. All You must AMERICANS WITH DISABILITIES ACT art of Common Pleas of Cumberland County is required by law to comply with the Disabilities Act of 1990. For information about accessible facilities and reasonable > available to disabled individuals having business before the court, please contact our gements must be made at least 72 hours prior to any hearing or business before the court. the scheduled conference or hearing. KAREN C GOVERN, Plaintiff VS., SCOTT J? GOVERN, Defendant Clark, and in 1 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-2747 Civil Term : CIVIL ACTION - LAW : IN CUSTODY AMENDED COMPLAINT FOR CUSTODY NOW COMES, KAREN E. GOVERN, by and through her attorney, Thomas M. of Colgan Marzzacco, LLC, and files the instant Amended Complaint for Custody, t thereof, avers as follows: Plaintiff is Karen E. Govern, an adult individual who currently resides at 721 Oak Hill Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Scott J. Govern, an adult individual who currently resides at 411 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Jack S. Govern, date of birth March 19, 1997; Brett S. Govern, date of birth August 18, 2000; and, l athan P. Govern, date of birth June 19, 2002. The children were not born out of wedlock. The children are presently in the primary physical custody of Plaintiff. 4. The children have resided with the following persons and at the following addresses: liat s Address Persons A. Apri20, 2009 to Present 721 Oak Hill Drive Mother Boiling Springs, PA 17007 B. Birth to April 20, 2009 721 Oak Hill Drive Mother and Father Boiling Springs, PA 17007 Thee father of the children is Scott I Govern, currently residing at 411 W. North Street, Carlisle, dumberland County, Pennsylvania. Th? mother of the children is Karen E. Govern, currently residing at 721 Oak Hill Drive, Boiling Springs, Cumberland County, Pennsylvania. 5. The relationship of Plaintiff to the children is that of Mother. 6. The relationship of Defendant to the children is that of Father. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of he children or who claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting Plaintiff sh ed legal and primary physical custody of the children. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award her shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, CO PAN ARZZACCO LLC By: c Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated:--<A/O? KAREN E. GOVERN, Plaintiff vs. SCOTT J GOVERN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Karen E. Govern, verify that the statements made in this 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 i Date: falsification to authorities. KA E. GOVERN Plaintiff FIED- : OF THE _ ROff !C .0 ARY 2009 MAY 20 PH 1: 1 1, LVAN,