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HomeMy WebLinkAbout09-6601f i KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.6 - G G 0 1 C .t d -7 .? CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN CHILD CUSTODY AND NOW, comes Plaintiff, Kailash N. Mathur, Jr., by and through his counsel, Linda A. Clotfelter, Esquire, who files this Complaint in Child Custody and in support thereof states the following: 1. Plaintiff is Kailash N. Mathur, Jr., (hereinafter referred to as "Plaintiff'), anadult individual who resides at 472 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Nancy D. Mathur, (hereinafter referred to as "Defendant"), an adult individual who resides at 4135 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties now seek to have this Court enter their Stipulated Custody Agreement as a court order regarding their child, Sierra M. Mathur, date of birth August 9, 1996, age (13) years. The Child was not born out of wedlock. During the child's life she has resided as follows: WITH WHOM ADDRESS FROM / TO Father 472 Waterleaf Court 2/1/09 to present Mechanicsburg, PA 17050 Mother 4135 Mountain View Road 9/27/09 to present Mechanicsburg, PA 17013 Mother, Father 7 Old Coach Lane birth to 2/1/09 Carlisle, PA 17013 The mother of the child is Nancy D. Mathur, currently residing at 4135 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married. The father of the child is Kailash N. Mathur, Jr., currently residing at 472 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married. 4. The relationship of the plaintiff to the Child is that of Father. The plaintiff currently resides with the Child. 5. The relationship of the defendant to the Child is that of Mother. The defendant currently resides with the Child. 6. Father has not participated in any other litigation concerning this child in this or any other state. There are no other proceedings pending involving custody of this child in this or any other state. 7. Father knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 8. The best interests of the child will be served if the joint Stipulation of Child Custody executed by Mother and Father is entered as an Order of Court. 9. 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 parties to this action. WHEREFORE, Plaintiff, Kailash N. Mathur, Jr., respectfully requests that, the Court enter an Order of Court granting the parties shared legal and physical custody of the children and granting such other relief as this Court deems just and proper. Date: C 0 b Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff 1 VERIFICATION I, KAILASH N. MATHUR, JR., verify that the statements in the foregoing COMPLAINT IN KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO. NANCY D. MATIIUR, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY CHILD CUSTODY 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 unworn falsification to authorities. Date: 10 - A - 01 KAILASH N. MATHUR, JR., Plaintiff FILED--OFACE OF THE MOTHIO'NOTARY 2009 OCT -2 PM 2: 48 c3?E, . !' ;;wt 6f-,' 'd,Y PENNSYLVANA /,s S-Z) ,o?' `? KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ACTION FOR CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, this}h day of 2009, the parties to this proceeding, Kailash N. Mathur, Jr. and Nancy D. Mathur, agree to resolve the issue of Child Custody of their daughter, Sierra M. Mathur, upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is Kailash N. Mathur, Jr., (hereinafter "Father"), who resides at 472 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Nancy D. Mathur, (hereinafter "Mother"), who resides at 4135 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The child is the subject of this proceeding is Sierra M. Mathur, (hereinafter the "Child") age 13 years, having been born August 9, 1996. 4. No Order of Court for custody of the Child presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation. 5. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody. 6. The parties stipulate and agree that the terms for custody of the Child shall be as follows: A. LEGAL CUSTODY: The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental, and other important records and both parents shall be listed as an emergency contact with schools and health professionals. As soon as practical after receipt by a party, copies of the Child'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 child with health care providers, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. If any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the Child's day to day living shall be made by the parent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: The parties shall share physical custody of the Child on an alternating week basis. The custody transfers shall occur each Friday at 8:00 a.m. C. HOLIDAYS: The parties shall alternate physical custody of the Child on the following holidays: Easter, Memorial Day, Fourth of July and Labor Day beginning with Father having custody of the Child on Easter, 2009. These holiday periods of custody shall be from 9:00 a.m. through 9:00 p.m., and the holiday periods of custody supersede the regular custody schedule. D. CHRISTMAS - The parties agree that the Christmas holiday shall be designated as two separate periods with each party being entitled to one of the two periods, with same alternating annually. The first Christmas period of holiday custody shall be from 12:00 p.m. on December 24th through 12:00 p.m. on December 25t` and the second period of custody for the Christmas holiday shall be from 12:00 p.m. on December 25a' through 12:00 p.m. on December 26th. The parties shall alternate the periods annually beginning with Mother having the first custody period in 2009 and Father having the second period of custody in 2009. In even-numbered years, Father shall have the first period of custody and Mother shall have the second period for the Christmas holiday. E. THANKSGIVING - The parties agree that the Thanksgiving holiday shall be designated as two separate periods. Father's period of holiday custody shall be from 3:00 p.m. on the Wednesday before Thanksgiving Day through 3:00 p.m. on Thanksgiving Day and Mother's period of holiday custody shall be from 3:00 p.m. on Thanksgiving Day through 3:00 p.m. on the Friday after Thanksgiving Day. The parties agree that their period of custody shall never alternate. F. FATHER'S/MOTHER'S DAY: Father shall have physical custody revery Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 9:00 a.m. through 9:00 p.m. G. VACATIONS: Each party shall be entitled to one (1) week of additional custody for the purpose of vacations upon thirty days' prior written notice to the other party. In the event the parties choose the same dates, the party providing the first written notice to the other shall be entitled to the dates selected. H. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 1. BIRTHDAY: It is expressly agreed that each party shall have the opportunity to see the child on the parent's birthday and the child's birthday. J. AGREEMENT TO VARY - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. K. TRANSPORTATION: Father shall be responsible for transporting the Child for his periods of custody. Mother shall be responsible for transporting the Child for her periods of custody. L. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. In addition, both parents agree that they both have an obligation to request information and ask questions regarding the child's events, school activities, other activities, conferences, medical and other appointments. Both parties shall agree to honor and participate in the activities that the Child s wishes to engage in. During the times that the parents have custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity unless the Child definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither parent shall sign up the Child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity that occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the Child to that activity if the custodial parent and Child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non- custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pickup in time sufficient to enable the Child to timely attend the activity. M.. CONTACT INFORMATION: Each parent shall keep the other parent notified of his or her addresses, email address and telephone numbers to include home, cell and work numbers where applicable. N. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do, nor shall either parent permit any third person to do, or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties will not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 0. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child 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. P. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Child's heath, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child'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 Child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be in for a period in excess of twenty-four(24) hours, and for each person or entity which may provide daycare for the Child. Q. ILLNESS OF CHILD: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious 4 illness of the Child at any time, any party then having custody of that 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 "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of twenty-four (24) hours or which places the child under the direction or care of a licensed physician. R. WELFARE OF 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 Agreement. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. S. SMOKE / DRINK / ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages to the point of intoxication or consume illegal substances when in the presence of the Child. T. AGREEMENT TO VARY AND MODIFICATION OF ORDER: The parties may vary from this schedule upon mutual agreement. The parties are also 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 your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. U. TELEPHONE CONTACT: The parents agree that each shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. V. RELOCATION OF PARTY: The parties have negotiated this Agreement based upon the parties' current residences. If either party intends to relocate such that it would necessitate a change in the regular schedule or a change in school, or exceed a twenty (20) mile radius from his or her current residence, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. W. Travel that exceeds 200 miles: Each party shall notify the other parry prior to taking the Child more than 200 miles from their primary residence. It is further agreed that if a parent takes the Child from his or her home for a period that exceeds 48 hours, then the parent taking the Child shall inform the other parent of the location and contact information to include a telephone number where the Child can be contacted while away from home. X. Right Of First Refusal: In the event that the parent with custody is unable due to other obligations to care for the Child for more than eight (8) hours, non-inclusive of school time, the parent with custody of the Child shall contact the other parent and offer them the ability to have custody of the Child for that period. Y. REPRESENTATION: In reaching this agreement, Father is represented by Linda A. Clotfelter, Esquire and Mother is represented by Elizabeth J. Saylor, Esquire. This Agreement is binding and enforceable when signed by KAILASH M. MATHUR, JR. AND NANCY D. MATHUR. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Respectfully submitted, Dated: 9/? S v _ ? KAILASH M. MATHUR, JR., Father/Plaintiff Dated: NANCY D. MATHUR , Mother//Defendant Dated: 114 S 0 L DA A. CLOTFELTER, ESQU A rney for Father/Plaintiff Dated: ELIZ J. SAYLOR, ESQUIRE t Attorne for Mother/Defendant FIB-'C rtCE OF THE PPI")THnN0TIRY 2009 OC T -2 Pti 2.4 8 PtNNSYL*FX I TY 01 KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-6601 NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : ACTION FOR CUSTODY ORDER AND NOW, this day of Cy 2009, upon consideration of the Stipulation of Custody filed to the above-captioned docket, the Court hereby incorporates the Stipulation by reference into this Order of Court. 6TARY of 2009 OCT -6 PAR ?. 10 J-ANY 4-Ving - cES mac LL p-0.1 ), . O-tdW.F- gvz_ iI O KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 09- wo f O V I ( NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY ACCEPTANCE OF SERVICE I, ELIZABETH J. SAYLOR, Counsel for Defendant in the above-captioned matter, hereby accept service of the Complaint in Child Custody on behalf of Nancy D. Mathur and certify that I am authorized to do so. LAW FIRM OF PETER J. RUSSO, P.C. Date:d (} By: Elizabeth J. SWr, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 telephone (717) 591-1756 facsimile Attorney for Defendant 1+ 1 i KAILASH N. MATHUR, JR., Plaintiff Vs. NANCY D. MATHUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6601 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this t4ltday of October, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by United States First Class Mail, postage prepaid: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff OF 4-MMOVAN, = OCT 23 F" -212 5 C K Orly