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HomeMy WebLinkAbout04-3650DAWN GUTSHALL, Plaintiff KENTON D. McCOY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O14 -%(a50 Civil Term IN CUSTODY PETITION FOR CUSTODY 1. Plaintiff is Dawn Gutshall who currently resides at 299 Poplar Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Kenton D. McCoy who currently resides at 225 Zion Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff seeks to confirm the custody agreement regarding the following child: NAME DOB Andrew Donald Gutshall 3/20/97 The child was bom out of wedlock. Mother currently has sole physical custody of the child. ADDRESS 299 Poplar Drive Boiling Springs, Pa. 17007 During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Dawn Gutshall 299 Poplar Drive 2002 - present Boiling Springs, Pa. 17007 Dawn Gutshall 1020 Trindle Road Mechanicsburg, Pa. 17055 1999-2002 The mother of the child is: Dawn Gutshall, currently living at 299 Poplar Drive, Boiling Springs, Pa. 17007. She is not married. The father of the children is: Kenton D. McCoy, currently residing at: 225 Zion Road, Mount Holly, Pa., 17065. He is married. 4. The relationship ofplaimiffto the children is that of MOTHER. The persons that the Pla~tiff currently resides with are: the child. 5. The relationship of defendant to the children is that of FATHER. The defendant currently resides with his wife. 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. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Dawn Gutshall 299 Poplar Drive 2002 - present Boiling Springs, Pa. 17007 Dawn Gutshall 1020 Trindle Road 1999 - 2002 Mechanicsburg, Pa. 17055 The mother of the child is: Dawn Gutshal, currently living at 299 Poplar Drive, Boiling Springs, Pa. 17007. She is not married. The father of the children is: Kenton D. McCoy, currently residing at: 225 Zion Road, Mount Holly, Pa., 17065. He is married. 4. The relationship of plaintiff to the children is that of MOTHER. The persons that the Pla'rntiff currently resides with are: the child. 5. The relationship of defendant to the children is that of FATHER. The defendant curremly resides with his wife, 6. Plalmiffhas not participated as a party or wimess, 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. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanem welfare of the child will be served by granting the relief requested because: The child's parents have agreed on a custody arrangement that they believe will be in the best interest of the child. 8. 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, Plaintiffrequests the court to grant custody of the child and enter their agreement as an Order of Court. Date: Respectfully submitted, (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I 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 unswom falsification to authorities. DAWN GUTSHALL, Plaintiff KENTON D. McCOY Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O ~/~ ~ -~ ~, ~O Civil Term 1N CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this6~) day of ~, 2004, by and between DAWN GUTSHALL, (Hereinafter referred to as "Mother"), of Bohl~/g Springs, Cumberland County, Pennsylvania, and KENTON D. McCOY, (Hereinafter referred to as '~Father"), of Mount Holly Springs, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Andrew Donald Gutshall, date of birth, March 20, 1997; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody 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 ~nutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother shall have sole legal custody of the child. Notwithstanding this section, 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. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Father shall have periods of partial custody with the child as the parties mutually agree. 4. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having physical custody. 5. Binding Effect and Modification of Order. This Agreement and all of its terms and'conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so 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. 6. Governim, Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 7. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity ora Court hearing. 8. Entire A~,reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. 1N WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. DAWN GUTSHALL, Mother COMMONWEALTH OF PENNSYLVANIA ):SS COUNTY OF CUMBERLAND ) Onthis, the~[~Odayof ~ ,2004, beforeme, theundersignedofficer, personally appeared DAWN GUTSHALL known to me, ~ satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged th~the/she executed the same for the purposes therein contained. NTON D. McCOY, Father IN WITNESS WHEREOF, I hereunto set my hand and official sea~ COMMONWEALTH OF PENNSYEVAN1A ) ):SS COUNTY OF CUMBERLAND ) On this, th ay of ,2004, before me, the undersigned officer, personally appeared KENTON D. McCOY, known l~e, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ My commission expires: NOTARIN. SE,N. dANE E. ADA~, N~ Pu~ JUL 2 9 ZO0 DAWN GUTSHALL, Plaimiff V. KENTON D. McCOY De~ndant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0~' ~oST) Civil Term IN CUSTODY ORDER AND NOW, this 7U day of 004, having reviewed the attached agreement between the parties dated July 26, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. CC: Jane Adams, Esquire, for mother Kenton D. McCoy, father